HomeMy WebLinkAboutNC0085537_Regional Office Historical File Pre 2018 (2) "1th--
SOC PRIORITY PROJECT: Yes No X
To: Permits and Engineering Unit
Water Quality Section
Attention: Mark D. McIntire
Date: February 13, 1996
NPDES STAFF REPORT AND RECOMMENDATION
County: Gaston
Permit No. NC0085537
MRO No. 96-020
PART I - GENERAL INFORMATION
1 . Facility and Address: EMRO Marketing Company
1954 Airport Road
Chamblee, Georgia 30341
2 . Date of Investigation: 02-13-96
3 . Report Prepared By: G. T. Chen
4 . Persons Contacted and Telephone Number: Mr. James D. Ponder,
L. G. , S&ME, (7n4) 523-4726
5. Directions to Site: From the intersection of New Hope Road
(Hwy 279) and East Ozark Avenue (Hwy 7 East) in northeastern
Gastonia, Gaston County, travel east on East Ozark Avenue
approximately 0.4 mile. The former EMRO marketing service
station is on the right (south) side of the road.
6 . Discharge Point(s) . List for all discharge points:
Latitude: 35° 16 ' 44" Longitude: 81° 07 ' 34"
Attach a U.S.G.S. map extract and indicate treatment facility
site and discharge point on map.
USGS Quad No. : F 14 SW USGS Quad Name: Gastonia North
7 . Site size and expansion are consistent with application?
Yes X
8. Topography (relationship to flood plain included) : The site
was graded level and paved, however, the site is not in a
flood plain.
9 . Location of nearest dwelling: None within 500 feet of the
proposed facility site.
10 . Receiving stream or affected surface waters : UT to Burton
Branch
a. Classification: C
b. River Basin and Subbasin No. : Catawba and 03-08-36
c. Describe receiving stream features and pertinent
downstream uses: The proposed discharge is to a catch
basin of a storm sewer located along Ozark Avenue in the
City of Gastonia. The storm sewer enters an unnamed
tributary to Burton Branch. General "C" classification
uses . Downstream users are not known.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1 . a. Volume of wastewater to be permitted: 0. 01728 MGD
(Ultimate Design Capacity)
b. What is the current permitted capacity of the wastewater
treatment facility? N/A. Proposed discharge.
c. Actual treatment capacity of the current facility
(current design capacity) ? N/A. Proposed facility.
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years : None.
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities : N/A.
Proposed facility.
f. Please provide a description of proposed wastewater
treatment facilities: The proposed groundwater
remediation facility will consist of recovery wells,
oil/water separator, low profile air stripper,
particulate filtration, and liquid phase carbon
adsorption.
g. Possible toxic impacts to surface waters: Discharges of
this nature have been found to exhibit toxicity.
h. Pretreatment Program (POTWs only) : N/A.
2 . Residuals handling and utilization/disposal scheme: A solids
disposal scheme is not available at this time. The applicant
needs to submit a solids waste management plan to DEM for
approval, if solids generation is expected.
NPDES Permit Staff Report
Version 10/92
Page 2
a. If residuals are being land applied, please specify DEM
Permit No. : N/A.
Residuals Contractor: N/A.
Telephone No. : N/A.
b. Residuals Stabilization: PSRP: N/A.
RFRP: N/A.
Other: N/A.
c. Landfill: N/A.
d. Other disposal/utilization scheme (specify) : N/A.
3 . Treatment plant classification (attach completed rating
sheet) : Class I, see attached rating sheet.
4 . SIC Code(s) : 5541
Wastewater Code(s) :
Primary: 66 Secondary:
Main Treatment Unit Code: 56008
PART III - OTHER PERTINENT INFORMATION
1 . Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only) ?
N/A.
2 . Special monitoring or limitations (including toxicity)
requests : A toxicity limit and/or monitoring may be necessary
as similar discharges have been shown to be toxic.
3. Important SOC, JOC or Compliance Schedule dates : (please
indicate) N/A.
4 . Alternative Analysis Evaluation: Has the facility evaluated
all of the non-discharge options available. Please provide
regional perspective for each option evaluated.
Spray Irrigation: Insufficient land area available for a
spray irrigation system.
Connection to Regional Sewer System: City of Gastonia does
not accept treated groundwater to its sanitary sewer system.
Subsurface: The site is not suitable for an infiltration
gallery because the site soil has a low permeability rate.
NPDES Permit Staff Report
Version 10/92
Page 3
Other Disposal Options: Not evaluated.
5. Air Quality and/or Groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality or groundwater? The proposed facility is to treat
groundwater that has been contaminated with gasoline. The
facility does not store nor utilize hazardous materials .
Impact on the environment is expected to be minimal.
6 . Other Special Items : None.
PART IV - EVALUATION AND RECOMMENDATIONS
The EMRO Marketing Company requests an NPDES Discharge Permit
for the discharge of treated groundwater from a proposed
groundwater remediation facility. The groundwater has been
contaminated with gasoline. Recovered groundwater will be treated
via a proposed remediation facility prior to discharging to a storm
sewer in the City of Gastonia. The storm sewer enters an unnamed
tributary to Burton Branch. Since similar discharges have been
found to be toxic, a toxicity limit and/or monitoring may be
necessary. Please note, with the same submittal, the applicant is
also applying for an Authorization to Construct.
Pending final review and approval by the SERG, it is
recommended that an Authorization to Construct be issued
concurrently with the NPDES Discharge Permit.
+73;
Signatur of Report Preparer
Water Quality R9-ional Supervisor
// /2
Date
NPDES Permit Staff Report
Version 10/92
Page 4
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28 MI 10' 485 486 INTERIOR-GEOLOGICAL SURVEY.WASHINGTON 0 C-1972 15'
487 488000'^E. 81°0 7'30"
ROAD CLASSIFICATION 'c,
MILE
��0 �1arkeb; 6„i toe n� Primary highway, Light-duty road, hard or �FQ
,� / '3 Q t' hard surface improved surface s ..
Per/nit No /VC�Dg5- ,37 Secondary highway, s'��as
hard surface Unimproved road _ oo.
/
gas ii eNil 0 Interstate Route 0 U. S. Route 0 State Route
)
GASTONIA NORTH, N. C.
QUADRANGLE LOCATION SW/4 GASTONIA 15'QUADRANGLE
N3515—W8107.5/7.5
1970
AMS 4754 I SW—SERIES V842 M g0
!m. NA• din & I
RATING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS
Name of Facility: £frfiR/) kcr&u/
Owner or Contact Person: M< f 77_ U/i'%n
Mailing Address: 1 9 s ,47gi-d A" f c„�.rrh.1/r 3
26/
County: Jr/ p
Tele hone: f?70 ) f -g/d0
����
Present Classification: Al/A- New Facility lr Existing Facility
NPDES Per. No. NC00 g4-53 7 Nondisc. Per. No.WQ Health Dept.Per No._
Rated by: e T Cam- TelephoneO()I.3 -/6 9f Date: ,2-/3-�6
Reviewed by: Health Dept. Telephone:
Regional Office Telephone:
Central Office Telephone:
ORC: Grade: Telephone:
Check Classification(s): Subsurface ___ Spray Irrigation Land Application
Wastewater Classification: (Circle One)() II III IV Total Points:_
r1.PLANT PROCESSES AND RIELATIMCONTSCE PCLIPMR4T NA-IIC 1 ARE AN WTFfiRAL PART nF PRniDt oastri►491A1 t WIT RE
.�_•�,. 3• •_7/ / - 1.. •. a. - i ,7J1. _►. 1 ••_•��:'f1•. •.• •. - %L .►•
t3FAAVTTY NITRFCA1 LNFS ARE E KEXAPT FROM CLAMIFICATresi
SLISUFFACECUMIRCAMON SPPAV PR113AT10N CLISSIFCATKiN
(crook all units that apply) (check ail uNs that apply)
1, preliminary treatment (definition no. 32 )
1,_,�oaptk tanks Y.�fapoons
3.2. purrip_ tanks
tanks
3...�*hodPhon or PettP-dosing systems
4. sand filers 4.,_._prxnp tanks
5.__grease trapArderoeptox 5,—.—pumps
4.._n1k/water separators S, sand fitters
7._�ysvitr subsurface treatment and disposal: trapltnterwptor
a, pressure subsurface Vestment and disposal: S,_ _oi/waler separators
e,��disinfection
10.__ehemlaU addition for nutrisr aigse control
11. .spray irrigation d esslerraler
In addition toe the above Classifications. pretreatment of wastewater In excess of ese omponeduel ttfleat shall.
be rated using the point rating system and will require an operator with an apPro P
LAND APPU n ESIDUALS CLASSIFICATION on d biosdr duals (Applies contaminated sobs on a designated eke.
1. Land appGcaot't
WASTEWATER TREATMENT FACUTY G.A451FCAT10N
The following systems shall be assigned a pass I dessWoeation,numt the flow is d a significant quantity or the technology is unusually
(=triplex,to require consideration by the Commission on a csse-byease beak: (Check I Appropriate)
1`__O11,frwater Separator Systems consisting only of physical separation.pumps and deposal,
g,_Septic Tank/Sand Filler Systems oorsisting only of septic tanks, dosing apparatus, pumpa.sand fiers.dbNtectio n
and dirod discharge:
S. ,Lagoon Systems consisting only of preimk ary treatment,*sons,pumps,disinfection, necessary dhamkal Msalrnere for
algae or nutrient oonlrot,and direst ddtarpe: •
7d P Recycle Systems; cotton adsorption,disinfection
S, ✓ Grcurdvraler Ramadua;ion Systems consisting only ofal/water separators.ptamps,air-stripping,
one Ocelot .
S,____0. oakum °porstiors with discharge to.surface Maier::
7. _—Water Plant stodge handling and back-wash water treatment: •
S_ Seafood processing consisting of screening and der.
S. ,Single-fw^ly discharging systems.with the exception of Aerobic Treatment Units.will be daasIed/permitted alter Juy 1.
1903 or t upon inspection by the DNWon,t is found that the system is not being adequately operated or maintained. Such
systems will be notified of the dassyication► or reclassification by the Commission.In writing.
(IS)Eetwodafysaa. Process for removing knead ash from wow trough us um of ion-arbaM U Wchenge nrnirartes:
(111)Flaw Pew. A process oporstsd mectenaiy for Wadi deemterVg MAP;
War
(17)Foam Separation. The red treeing ofw
wast. t or mammy amen as a means of rsmovhg secesoNe amounts of de urgent motorists through
the laroduabn of al In is form of fee bubbles;Wm mid foam fractionation;
(IS)Ciro Removal. Tar process of?unloving get and otter heavy mires,manor from wanbwtr:
(IS) Wren Tank. A damp too story wasimmer sank owe/aim of an upper eedi rentation dancer and a bear shame digestion dtambsr.
RC) Inwirtrnomod flow Measurement. A bras which iridium* and records hoe or lbw;
(1t)ion 6chargs. A oh mical process in whet lore bean two dilleren moaoctales we sxdherg d:
J Lard Disposal. A end trudge detposal metre by whet wet Midge may be spotted b land stow by spraying on the maws or by subsunace injection
EAearl plow).IMO appatabae lot typos of sludge daseabed In(I i)of tab Rule); al worwow Aorta a land area as a
ThemeBfMuert. The process or spraying Posed wastewater crew s hand sees or Wet methods of application
seers of total deposit or ttl contir beck-wind.taring drum QI t apwathg under gawky condikrs as a pow*h method for removing
R3)leerarsoeR A low spool,antanuariy
✓npended rids Irani sewent; n and nitrogen)b otddd.d nitrogen(usually name);
EPeritosibn Process. The biochemical mnveraion el utosledsd nboge (ammonia d ten)to s a ed nitnia gennitr h b rtnam );trogsn;
)lstapaeus stags. A separate stags d wastewater treatment designed for the spoil is purses* to enhance Maury oaks of phosphorus
t ha pines Removal,sbbgtcal The removal ofphosphori s from we awrate by an cobtaroxic process derived
• �aA Peking pond Mowing secondary vitamin with eu$Octat dstetion time to slim sealing d finely suspended WWI;
• the
Peat Aeration Aeration following oonvertlonal secondary treatment unite to horses• effluent D.O.or kw any suer purpose;
S) Pot Amnon (Cede) A polishing method by which desolvsd orrypen Is added to rho sftl usn by a rbnmecPunca!,gravity mean of flowing down a
anal of aleps or wit; The flow occurring across the steps r eats moves In a tally thin layer and is monition et to cascade requires no aerator
a4ustnert;thus,zero points are assigned mon dough U.is an essentlai step to meeting the limos of the
mind geperabsorption by using powered or
(20) Powdered to Granular Granular A O4ated CarbonFood. A biophysical carbon process that Aims biological activityorganic
g ranular activated oanbon; Virgin or regerrrt.d carbon is ford eoruroled into err system;
t) Praaeratbn A tar*constructed to provide aeration prior to primary treatment:
p2► Pnlmhary Units. Una operators In the%footmen process,such as screening and comminution that propane tit Uquor lot a U.w ten males opratons;
pm) Industrial Previewer .
ia)Privireaureent Lire, Industrie It.oordioning a s ease at its awns before discharge, substances asw to
ers and
asemsnt processes or le elect a partial reduction in hied or U.mamma proems
.pbyes same�ring body w swtor
treatment platl being reed: to seem pokes en the tallrng d1Mt;
b)Pre•treatrrsnt Progyam,hut drW•mwal Male be a ale or EPA vomited programsettleable and suspended
(t4) Puntary Clarifiers. The firs
sae%tanks through which watw earr is paned inpurporemovinga eemers works for is purpose of removing
solids and SOD which I atsoelatod with U.seeds:
p6) Pumps. Aso hush.dfiwn and h.piai pumps; � �utravbid or gamma tare:
Radiation mosi Disinfection o or en promos
peones utilizing a fared trough a membrane to i*k ready pun fluid tree horn
�7)Reverse Osmosis. A maven gross h whet a heavy cortarrinared liquid preew
empersied goads;
Pa) Rooming Sioiogical Con actor& A led bbbgtal growth prows In which wato 'ter floats trough tale In which a cries of penally submerged cfsvW
meson are rotated;
(MI) Sand FWern Motion of eRk+sri following septic tanks. lagoons.or some star mammy moms In which twitter biodawmpaklon is
(a) odod Imminent duceEliab desired
caLis rats en these rtows an computed in gpdac and have a routing low gamer(lees than ore):
b) Peal to produce desired samaras;type
loading
b) Fi.oireuaering biological•U.sane tap.of sand feces as defined in SubparapraPf+(JO)(a)of U.soue with U.added r,.pae►aty to ws7ds elatwt book
trough the sand floor, Mich ofnuen ands are achieved trough a further reduction of impended ask*
(/p)Sand or Irte.d•AAods Floret. A polishing process by
M)low tab-whey,hydbautkaly loaded taw wan loading rates In the ors to true pointer range:
p)high rase- a pree um,hydraulically loaded fitter won heading rates In is 1M soma range:At any nos,the loading rats we e emaciated nit h mceed throe glamor;
es
WSecondary Carters. A tank which balms the baobpcai and of treatment plait and stitch has the purpose d removing sludges
biological osatmsnt units: whoa U.activated sludge b tansbmod e a tank erne aerated Wormrsturring k
(42) Separate Sludge Reiteration A pan of the contact tabization process
$do contact a basin; tank In which wattled sludge Is h contact with the weatmart.. flowing trough U.tank;shed not be appieable for
(a!ld tare
Tank. Asingle-storynirg larnity residence'Mvhg capacity d 2.000 galore or less wi eh dschuge to a rdr91c tbn held:
(44)Sludgespges�tion Thhehe process by which organic w woeltie miter and sludge I gasified,liquidise remelted or cornered Ito a ers stable organic matter
trough the activity of living organisms,which hriudee ..rats! hoeing win: '40^Mich dgestad smogs nkadge le Mod by drslrege and
(N)tiaudge Drying tom. An ant oornpreig neural or ardhdsi isms of porous
motorists psi l+dg'E A prows'01 akrdgs eordtlantnig In Mich certain corellusria aA metered by summers washings wlh nosh water or phrs osluent:
(47)Sludge Gs uaItttaon Tho process of using sewage gas tea w purpa.of hoeing buiarpa,diving engines,sr-; ►In stilt sludge mar be
(a) Sludge Hiring Tank(Aerofoil erd Norserard). A tank Mimi for wrist b);This mayntb antsdon by addingcareening
small dal aslud to lase w
kept bosh,and supernatant withdrawn prior to a drying method(la.sludge drying
'kegs freak,but not remesariy an amount that would be roquhd to achieve asaDittatbn of organic fraaef. A rsnaorted tank world aim*be teed to
&scant sludge prior to dewalering and would rot abet long periods (several dor -t detention) without resulting odor probees:
(49) Sludge i ncinrator& A furnace designed to bum sludge arid to norms as tri014011 and wont albs moons*and reduce the sludge to a eerie ash;
$0) Sludge Stabilization(Chemical or Thrrmd). A process b make treated sludge to odorous and pranged'.and to mime U.pathogenic organism
senora;This may be dons by pH ad)ustmert.chlorine do e'4 or by heat tr.arrera;
(St)sk+dpe 7n . A type
secirrertation tank in which the sludge Is Prermitted to softie and thicken through agitation
and paver
�y ltabltzatlon Lagoon. A type of aldtoior con In Which bbbgical oxidation of organic mac Is by neural of o=ygen et the outer barn
at (no a polishing pond);
Staridy Poem Suppry. On aSs or pansies asarhcel generating equipment; sold,auspwdad sib and soD
4) static Saws- A t ry�atora eases desired to imams sold.Inducing nonabdegndsbfe palmists(S amble
wdkelion)earn municipal and M+dt+strt!wstswasr trainer'wawa;
pi)Torbay Troaament. A sago of treatment blowing secondary stitch is prnarSy for U.purpose of adorn Wishing:A seeing again or said et teal Mir
sigh be ens/bred ter this purpsl;
In)Therms; Pollution Control Dsvfoe. A device prating to to tardier Of heal horn a bUM flowing In gabs'le setter Mid solids to aloha or otos mime
at riper sears of rogueing liquid»mpneusue: � ,need I added tar protracted petbd Of Its,to hprvva b ds+resr l of Oldie at the
IF)Tier mtat Slier Con:thrtr. A oorudtioning process by
O slLldrg and hydrautzlg d tfs smear and mere nighty hydaied Wedge pedalos; eta wttefih cones dacharge and upon sapoo'rs•Mpses°n•Mslthon
Wirt'rink Matsrtla Those wastes or oc r VStbns of wasisa.ndu*g Q neaso c au*kig o et hind*by Ingeetion food o!s)rs,we cause on os moss.behavioral
«.arrreki ion into ar.y ore* m�other from gloat trattu�(k+ %net ur+efb t+reproduction)or physical defrmtation&In such organisms sr their
abrtorrtgtieo, matrancor.plastic s.by wry pinny' emetic.,drc.
allmprlg;Toxic mate1ad include, eaay of tribe and rot lfc knitters
hio tt (� matWI&h Q M s or omy Astsidtwi�be dit/twined to hews
(OhiC6j,Dt:sed DP'enylt(ryas) dk�oro�+rryl
0 prcapertlss tnatmod tart eoatrtIrg d a meals!suety as broken Nor*or roc►over which wastewater Is dstrbund;A high rab wielding
��Pi) o one
g Fier.
aA Dtologksf fear la ors which Is designed to rsis at one to tour,rgd par WE
fear Y ohs Which c(PiM al me} A 10 g l !0 po pot sae. A low ate tricklingsop. Mats material;
«0)TAduing Fiat(Pentad Tares). A Wisp lbw type of operattori h which wat:tewofer abut down through'reseal layers of rssdta or Organic
lidto a!la removed oorthuaby bum.mike bbic cat had(foist(foistIn sacs successive layer. This method may produce'seco misty IMAM.or may by Qla
adaged to produce a rtRled&Muer*:
pi)Va iAM Fier.Corirlurs.or Mir Pussester$Ds *tich are to remove mass trier from dtMierdi,?.ied ortr+digestsd s ea sludge p to disposal
of further
ttesime L
V 0,7 —z— o?
State of North Carolina
Department of Environment,
Health and Natural ResourcesA714711i
Division of Environmental Management 0
v
James B. Hunt, Jr., Governor aka
Jonathan B. Howes, Secretary ED C
A. Preston Howard, Jr., P.E., Director C
E&VIRON ,NT, HEALTH,
NATURAL RESOURCES
jay
r AI January 26, 1996
�t C` ,Ms. Carol D. Wrenn JAN 31 1996
!E� EMRO Marketing Company A MANAGEMENT
1954 Airport Rd. DIVISION OF ENVIRONMENT L
Chamblee, Georgia 30341 MDflRESVIIIE REGIONAL OFFICE
Subject: NPDES Permit Application
Permit No. NC0085537
Fast Obark Avenue Site
Gaston County
Dear Ms. Wrenn:
The Division acknowledges receipt of your NPDES permit application and $550 (check #'s 3874
and 3884) received January 16, 1996.
I am, by copy of this letter, requesting that the Mooresville Regional Office Supervisor prepare a
staff report and recommendations regarding this discharge. This application has been assigned to me for
review. If you have any questions regarding this application, I can be contacted at (919) 733-5083,
extension 553.
Sincerely,
1 . -
Mark D. McIntire, E.I.T.
Environmental Engineer
NPDES Group
Permits &Engineering Unit/Mark McIntire
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
January 26, 1996
MEMORANDUM
To: Rex Gleason
Water Quality Supervisor
Mooresville Regional Office
Through: Dave Goodrich
From: Mark McIntire
NPDES Group
Subject: Staff Report Copy
EMRO Marketing Company
NPDES permit No. NC0085537
Gaston County
I have not enclosed a copy of the report from S&ME as Mr. Jim Ponder informed me that
he mailed a copy directly to Paul Dahlen of the groundwater section. If you have not
received the copy, let me know and I will contact S&ME.
cc: Mark McIntire
State of North Carolina
Department of Environment, "h.
Health and Natural Resources ' 4 • • ., ' ,
Division of Water Quality :AO ' -K
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary G E I—I N
A. Preston Howard, Jr., P.E., Director
N.C. DEPT. OF
ENVIR0N\Tr,T, IIEAI,
F. TH,
November 1, 1996 N,?TUP,:_._ _;`';('URCrs
Ms. Carol D. Wrenn OCT 31 1996
EMRO Marketing Company
DIMS:
1954 Airport Rd. 1. 1 '„CA'
Chamblee,Georgia 30341
is .._.,..LE EL: .11;1l ti rICE
Subject: NPDES Permit NCG510000
Cert. of Coverage No. NCG510369
EMRO#60
Gaston County
Dear Ms.Wrenn:
In accordance with your application for an NPDES discharge permit received September 26, 1996 by the Division,
we are herewith forwarding the subject Certificate of Coverage under the state-NPDES general permit for the EMRO#60
facility. With the issuance of this Certificate of Coverage, NPDES permit NC0085537 is hereby rescinded, however, this
facility will continue to operate in accordance with the Authorization to Construct issued on April 12. 1996 under NPDES
permit number NC0085537. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the
US Environmental Protection Agency Memorandum of Agreement dated December 6, 1983 and as subsequently amended.
Based on the source of contamination at the above referenced site, specifically gasoline and heavier fuels,effluent
page A. (3)applies and lists required effluent limitations and monitoring frequencies.
If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to
you,you have the right to submit an individual permit application and letter requesting coverage under an individual permit.
Unless such demand is made,this decision shall be final and binding. Please take notice this permit is not transferable. Part
II,E.4.addresses the requirements to be followed in case of change of ownership or control of this discharge.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such as the
construction of additional or replacement wastewater treatment or disposal facilities.
A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the
facility.
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances 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 Federal or Local other governmental permit that may be required.
P.O. Box 29535,Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
If you have any questions regarding this permit.please contact Mr.Mark McIntire at(919)733-5083,extension 553.
Sincerely,
Original Signed By
David A. Goodrich
A. Preston Howard, Jr.,P.E.
cc: Central Files
Permits&Engineering Unit
Mooresville Regional Office/Water Quality
Facility Assessment Unit/Robert Fanner
Aquatic Toxicology Unit
S&ME/Jim Ponder
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG510000
CERTIFICATE OF COVERAGE NO. NCG510369
TO DISCHARGE PETROLEUM CONTAMINATED GROUNDWATER AND SIMILAR WASTEWATERS
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,
EMRO Marketing Company
is hereby authorized to construct and operate or continue operation of a groundwater treatment system consisting of
an oil/water separator, an air stripping system and carbon filtration for petroleum contaminated groundwater or
similar waste streams with the discharge of treated wastewater from a facility located at
EMRO Unit No. 60
2321.Eas.t.Ozark Avenue.. .
Gatonia
Gaston County
to receiving waters designated as an unnamed tributary to Burton Branch in the Catawba River Basin
in accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I, II,III
and IV of General Permit No.NCG510000 as attached.
This certificate of coverage shall become effective November 1, 1996.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 1, 1996.
Original Signed By
David A. Goodrich
A.Preston Howard,Jr.,P.E.,Director
Division of Water Quality
By Authority of the Environmental Management Commission
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QUAD LOCATION
Discharge Class 100% Industrial EMRO Unit#60
Receiving Stream UT to Burton Branch 5:; Gaston County
Design Q 0.01728 MGD Permit expires 09/30/01 Groundwater Remediation
State of North Carolina
Department of Environment, . ;1 " Nifcci Fri
Health and Natural Resources \ Airr
Division of Environmental Management
James B. Hunt, Jr., Governor Aimminummk
Jonathan B. Howes, Secretary p H N F .
A. Preston Howard, Jr., P.E., Director
April 12, 1996 F.,"--„ HEALTH,
NI
IJRCES
APR 17 1996
Ms. Carol D. Wrenn
EMRO Marketing Company (2:0 .. ,r, .,_„��r,bEr
1954 Airport Rd. w:; ?,
Chamblee, North Carolina 30341
Subject: NPDES Permit Issuance
Permit. No. NCOG85537
EMRO#60
Gaston County
Dear Ms. Wrenn:
In accordance with the application for discharge permit received on January 16, 1996, the Division
is forwarding herewith the subject state - NPDES permit. This permit is issued persuant to the
requirements of North Carolina General Statute 143 - 215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983.
It is the Division's understanding that there is an ongoing discussion between the permittee and the
North Carolina Division of Transportation about a right-of-way encroachment agreement. This permit is
written for the original requested discharge point. Should the permittee need to relocate the discharge point
at the conclusion of discussions with NC-DOT, the permittee must submit a request for a minor
modification, a$100 modification fee and a map illustrating the new discharge point.
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 redeipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings,
Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such a demand is made, this
permit shall be final and binding.
This permit shall be subject to revocation unless the wastewater treatment facilities are constructed
in accordance with the conditions and limitations specified in Permit No. NC0085537. Please take notice
that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of
change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act, or any other Federal or Local governmental permits that may be required.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
. . .43-•3,,,,
ov-3
One (1) set of approved plans and specifications is being forwarded to you. If you have any 4--o:-,"'„44. • ;
VII questions or need additional information,please contact Mr. Mark McIntire,telephone number (919)733-
,;,-;,•,; 5083, extension 553. 3...3.,
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1,,, T",• , Sincerely,
Original Signed By k:,
David A. Goodrich
.t....,. .,. ,, .
A. Preston Howard, Jr., P.E. . ..*
cc: Central Files k-,,',if-1-,- ;„-.1. :7-• ,:: s,',,, ..•
Mr. Roosevelt Childress,EPA
Permits &Enineering Unit
Facility Assessment Unit
S&ME/Jim Ponder 3 ,
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Permit No. NC0085537
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
EMRO Marketing Company
is hereby authorized to discharge wastewater from a facility located at
EMRO Unit No. 60
2321 East Ozark Avenue
Gastonia, North Carolina
Gaston County
to receiving waters designated as an unnamed tributary of Burton Branch in the Catawba 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 May 1, 1996.
This permit and authorization to discharge shall expire at midnight on April 30, 2001
Signed this day April 12, 1996.
Original Signed By
David A. Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NC0085537
SUPPLEMENT TO PERMIT COVER SHEET
EMRO Marketing Co.
is hereby authorized to:
1 . After receiving an Authorization to construct, operate a 0.01728 MGD groundwater
remediation facility consisting of two 10 GPM pneumonic extraction pumps, a 200
gallon oil/water separator, a free product holding tank, a four tray, 12 GPM air
stripper, two particulate cartridge filters and two liquid phase activated carbon
drums located at EMRO Unit No. 60 on East Obark Avenue in Gastonia, Gaston
County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map
into an unnamed tributary of Burton Branch which is classified Class C waters in
the Catawba River Basin.
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Stream Gass C
QUAD LOCATION EMRO Unit No. 60
Discharge Class PV-M NC0085537
ReceivingStream UT to Burton Branch Gaston County
Design 00.01728 Permit expires Groundwater Remediation
A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL Permit No. NC0085537 .
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall
serial number 001 groundwater discharge. Such discharges shall be limited and monitored by the Perini ttee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Lbs/day Units (Specify) Measurement Sample Sample
Mon. Avg. Daily Max, Mon. Avg. Daily Max. Frequency Type Location 1
Flow 0.01728 MGD Weekly Pump/Meter log E
Benzene 71.4 µg/I Monthly Grab E
Toluene 11.0 µg/I Monthly Grab E
Lead * 25.0 µg/I Monthly Grab E
Methyl Tert Butyl Ether Monthly Grab E
Napthalene Monthly Grab E
1,2-Dichloroethane Monthly Grab E
Trichloroethene Monthly Grab E
Chronic Toxicity**
There shall be no discharge of floating solids or visible foam in other than trace amounts.
* The monitoring requirements and discharge limitations shall only apply if leaded petroleum products are the source of the groundwater
contamination.
** Chronic, 24 hour, P/F (ceriodaphnia) @ 90%, March, June, September, December; see Part III, condition E.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
sample.
PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
•
•
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management
• 2. DEM or Division
Means the Division of Environmental Management,Department of Environment, Health and
Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or"the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. Jviass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured, divided by the number of daily discharges sampled and/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported. The limitation is identified as "Monthly Average" in Part I of the
permit
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified as "Weekly Average"
in Pan I of the permit.
c. The "maximum daily discharge" is the total mass (weight)of a pollutant discharged during
a calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported. This limitaticn is defined as "Annual Average" in Part I of the permit.
4
Pan II
Page 2 of 14
6. Concentration Meas•.irement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar month
on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" under "Other Limits"in
Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of
the daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted by
flow value)of all the samples collected during that calendar day. The average weekly count
for fecal coliform bacteria is the geometric mean of the counts for samples collected during
a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum" under"Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily
discharges sampled and/or i ieasured during such year (arithmetic mean of the daily
concentration values). The gaily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day . The average yearly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar year. This limitation is identified as "Annual Average" under "Other Limits" in
Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount
of dissolved oxygen required to be available in the effluent prior to discharge averaged
over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the
sample is considered to be the "daily average concentration" for the discharge. It is
identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June,July through September, and October through December.
Part II
Page 3 of 14
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded
during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility. Flow
shall be monitored continually except for the infrequent times when there may be no flow
or for infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection,or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the
sampling point. Flow measurement between sample intervals shall be determined by
use of a flow recorder and totalizer, and the present gallon interval between sample
collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of
flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time
of greater than 24 hours. In such cases, effluent grab samples may be collected at time
intervals evenly spaced over the 24 hour period which are equal in number of hours to the
detention time of the system in number of days. However, in no case may the time interval
between effluent grab samples be greater than six (6) hours nor the number of samples less
than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples axe individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of
the individual values where N is equal to the number of individual values. The geometric
mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
Part II
Page 4 of 14
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of$5,000
to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed$10,000 per violation with the maximum amount not to exceed$125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed$10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
•
Part II
Page 5 of 14
Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property,or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.
8. Duty to Provide Informatiort
The permittee shall fur►;ish to the Permit Issuing Authority, within a reasonable time, any
information which the Penrit Issuing Authority may request to determine whether cause exists
for modifying, revoking a d reissuing, or terminating this permit or to determine compliance
with this permit. The permittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this permit.
Part II
Page 6 of 14
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit, the permittee must apply for and obtain a new permit.
10. Expiration of Permit
The perminee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration
and has not requested renewal at least 180 days prior to expiration, will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3)The written authorization is submitted to the Permit Issuing Authority.
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Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
13. Permit Modification. Revocation and Reissuance.or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed
by the laws, rules, and regulations contained in Tide 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions, requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the con,iitions of Tide 15A, Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete.
Part II
Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. B'assing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any uypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part II
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C)The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s)of the upset;
(2) The petminee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this
permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of the United States. The permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge. Upon promulgation of 40 C1-R Part 503,
any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40
CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the
Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the
regulation, even if the permit is not modified to incorporate the requirement. The permittee
shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal
practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Tide 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report (DMR)Form (DEM No. MR 1, 1.1, 2,
3)or alternative forms approved by the Director,DEM,postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the
case of a new facility,on the last day of the month following the commencement of discharge.
Duplicate signed copies of these,and all other reports required herein,shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measuremenu
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once-through condenser cooling water flow which is monitored by pump
logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or
by imprisonment for not more than two years per violation, or by both. If a conviction of a
person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not
more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all
monitoring information, including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of all reports required by
this permit, for a period of at least 3 years from the date of the sample, measurement, report
or application. This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
petmittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and
other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REOUIREMEN'TS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Pan II
Page 13 of 14
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.
D. 2 of this permit)or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using
test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. ibove of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The perminee shall report ,'l it•:lances of noncompliance not reported under Part Ti. E. 5 and 6.
of this permit at the time monitoring reports are submitted. The reports shall contain the
information listed in Part E. 6. of this permit.
Part II
Page 14 of 14
•
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, 111 reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation,or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter(100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter(1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter(500 ug/1);
(2) One milligram per liter(1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
most environmentally sound alternative of the reasonably cost effective alternatives. If the
facility is in substantial non-compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Divis:.):, evaluating these alternatives and a plan of action within
sixty (60) days of notification Division.
E. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT(QRTRLY)
The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in:
The North Carolina Ceriodaphnia chronic effluent bioassay procedure(North Carolina Chronic Bioassay
Procedure - Revised *September 1989) or subsequent versions.
The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality
is 90% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform
quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be
performed after thirty days from the effective date of this permit during the months of March , June, September
and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent
discharge below all treatment processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1) for the month in which it was performed, using the parameter code TGP3B.
Additionally, DEM Form AT-1 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of
Environmental Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in
association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity
sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing,this monthly test requirement will
revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Environmental Management indicate potential impacts to the receiving stream,this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls,shall constitute an invalid test and will require immediate
retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute
noncompliance with monitoring requirements.
QCL P/F Version 9/91
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty)days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.
300 Copies of this public document were printed at a cost of
$83.13 or $.28 each.
✓/ Permit No. NC0085537
`(S J
s LW STATE OF NORTH CAROUNA •
DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOUF .ES
DIVISION OF ENVIRONMENTAL MANAGEMENT t,Iv �,� t,p ,.,: ;` F;
PERMIT s
FEB 29 1996
TO DISCHARGE WASTEWATER UNDER THE Yisipy
OF ap;�o�,,
NATIONAL POLLUTANT DISCHARGE ELIMINATION SY f REGIONAL cFtIeE 'T
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,
EMRO Marketing Company
is hereby authorized to discharge wastewater from a facility located at
EMRO Unit No. 60
2321 East Obark Avenue
Gastonia,North Carolina
Gaston County
to receiving waters designated as an unnamed tributary of Burton Branch in the Catawba River
Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on
Signed this day
DRAFT
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NC0085537
SUPPLEMENT TO PERMIT COVER SHEET
EMRO Marketing Co.
is hereby authorized to:
1. After receiving an Authorization to construct,operate a 0.01728 MGD groundwater
remediation facility consisting two 10 GPM pneumonic extraction pumps,a 200
gallon oil/water separator,a free product holding tank,a four tray, 12 GPM air
stripper,two particulate cartridge filters and two liquid phase activated carbon
drums located at EMRO Unit No. 60 on East Obark Avenue in Gastonia,Gaston
County(See Part III of this Permit),and
2. Discharge from said treatment works at the location specified on the attached map
into an unnamed tributary of Burton Branch which is classified Class C waters in
the Catawba River Basin.
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ROAD CLASSIFICATION SCALE 1:24 000
PRIMARY HWY LIGHT-DUTY ROAD,HARD OR
HARD SURFACE—.— IMPROVED SURFACE... 1 MILE
SECONDARY Mr 0 7000 FEET
HARD SURFACE—. CMS= UNIMPROVED ROAD.— =_ = :=,_ : ,,,` ,A— <�• —
1 0 1 KILOMETER
Latitude 35`16.44` Longitude 81 07�34�� I j I
Map # F:4SW Sub-basin 03-08-36 CONTOUR INTERVAL 5 FEET
Stream Class C
QUAD LOCATION EMRO Unit No. 60
Discharge Class PV-M NC0085537
Receiving Stream UT to Burton BranchZ5Z; Gaston County
Design Q 0.01728 Permit expires Groundwater Remediation
A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL Permit No. NC0085537
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall
serial number 001 groundwater discharge. Such discharges shall be limited and monitored by the Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Lbs/day Units (Specify) Measurement Sample Sample
Mon. Avg, Daily Max. Mon. Avg, Daily Max. Frequency Type Location 1
Flow 0.01728 MGD Weekly Pump/Meter log E
Benzene 71.4 pg/I Monthly Grab E
Toluene 11.0 pg/I Monthly Grab E
Lead * 25.0 µg/I Monthly Grab E
Methyl Tert Butyl Ether Monthly Grab E
Napthalene Monthly Grab E
1,2-Dichloroethane Monthly Grab E
Trichloroethene Monthly Grab E
Chronic Toxicity**
There shall be no discharge of floating solids or visible foam in other than trace amounts.
* The monitoring requirements and discharge limitations shall only apply if leaded petroleum products are the source of the groundwater
contamination.
** Chronic, 24 hour, P/F(ceriodaphnia) @ 90%, March,June, September, December; see Part III, condition E.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
sample.
PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Part ll
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management,Department of Environment, Health and
Natural Resources.
3. )MSC
Used herein means the North Carolina Environmental Management Commission.
4. Act or"the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. Nlass/Dav Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured, divided by the number of daily discharges sampled and/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported. The limitation is identified as "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified as "Weekly Average"
in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight)of a pollutant discharged during
a calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the permit.
Part II
Page 2 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar month
on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in
Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of
the daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted by
flow value) of all the samples collected during that calendar day. The average weekly count
for fecal coliform bacteria is the geometric mean of the counts for samples collected during
a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum" under"Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily
discharges sampled and/or measured during such year (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day . The average yearly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar year. This limitation is identified as "Annual Average" under "Other Limits" in
Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount
of dissolved oxygen required to be available in the effluent prior to discharge averaged
over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the
sample is considered to be the "daily average concentration" for the discharge. It is
identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
Part II
Page 3 of 14
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded
during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility. Flow
shall be monitored continually except for the infrequent times when there may be no flow
or for infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection,or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the
sampling point. Flow measurement between sample intervals shall be determined by
use of a flow recorder and totalizer, and the present gallon interval between sample
collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of
flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time
of greater than 24 hours. In such cases, effluent grab samples may be collected at time
intervals evenly spaced over the 24 hour period which are equal in number of hours to the
detention time of the system in number of days. However, in no case may the time interval
between effluent grab samples be greater than six (6) hours nor the number of samples less
than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of
the individual values where N is equal to the number of individual values. The geometric
mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
Part II
Page 4 of 14
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of$5,000
to $50,000 per day of violation,or imprisonment for not more than 3 years, or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed$10,000 per violation with the maximum amount not to exceed$125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed S 10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
Part II
Page 5 of 14
Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall famish to the Permit Issuing Authority, within a reasonable time, any
information which the Penrit Issuing Authority may request to determine whether cause exists
for modifying, revoking a::i reissuing, or terminating this permit or to determine compliance
with this permit. The „iennittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this permit.
Part II
Page 6 of 14
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit, the permittee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration
and has not requested renewal at least 180 days prior to expiration, will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
Part II
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
13. Permit Modification. Revocation and Reissuance.or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions, requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
1SA, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete.
Part II
Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permitter to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. 13ypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part II
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2)The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s)of the upset;
(2)The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this
permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of the United States. The permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge. Upon promulgation of 40 CH( Part 503,
any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40
CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the
Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the
regulation, even if the permit is not modified to incorporate the requirement. The permittee
shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal
practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2,
3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the
case of a new facility,on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once-through condenser cooling water flow which is monitored by pump
logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or
by imprisonment for not more than two years per violation, or by both. If a conviction of a
person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not
more than 4 years, or both.
6. Records Retention
Except for records of monitoring inf lrmation required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all
monitoring information, including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of all reports required by
this permit, for a period of at least 3 years from the date of the sample, measurement, report
or application. This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
perminee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individuals) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director,or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and
other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Part II
Page 13 of 14
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.
D. 2 of this permit)or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using
test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. 3bove of this condition if the oral report has been received within 24 hours.
7. Other Noncomplixrtsg
The permittee shall report 1'1 it rances 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 11. E. 6. of this permit.
Part II
Page 14 of 14
8. Other Information
•
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter (100 ug/l);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter(1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter(500 ug/l);
(2) One milligram per liter(1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
D. requirement to Continually Evaluate Alternatives to Wastewater Discharies
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
most environmentally sound alternative of the reasonably cost effective alternatives. If the
facility is in substantial non-compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within
sixty (60) days of notification by t1:;; Division.
E.CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT(QRTRLY)
The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in:
The North Carolina Ceriodaphnia chronic effluent bioassay procedure(North Carolina Chronic Bioassay
Procedure-Revised *September 1989) or subsequent versions.
The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality
is 90%(defined as treatment two in the North Carolina procedure document). The permit holder shall perform
quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be
performed after thirty days from the effective date of this permit during the months of March,June, September
and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent
discharge below all treatment processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1)for the month in which it was performed, using the parameter code TGP3B.
Additionally,DEM Form AT-1 (original)is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of
Environmental Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in
association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity
sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified limits,then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing,this monthly test requirement will
revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Environmental Management indicate potential impacts to the receiving stream,this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls,shall constitute an invalid test and will require immediate
retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute
noncompliance with monitoring requirements.
•
QCL P/F Version 9/91
•
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty)days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.
300 Copies of this public document were printed at a cost of
$83 . 13 or $ . 28 each.
State of North Carolina V
Department of Environment,
Health and Natural Resources rA
Division of Environmental Management
Al
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ED E I__I N
A. Preston Howard, Jr., P.E., Director
ENVIRONMLNT. HE v;
April 12, 1996 d►NATURAL REa;)t,;
Ms. Carol D. Wrenn APR 17 1996
EMRO Marketing Company
1954 Aiport Rd. DIN 8T INEDETIEM Pfigfi f:igli
P.O.Box 37 MAIL Mt
Chamblee, Georgia 30341
Subject: Authorization to Construct
Permit No. N0085537
EMRO#60
Gaston County
Dear Ms. Wrenn:
A letter of request for an Authorization to Construct was received January 26, 1996
by the Division and final plans and specifications for the subject project have been reviewed
and found to be satisfactory. Authorization is hereby granted for the construction of a
0.01728 MGD groundwater treatment system consisting of two 10 GPM pneumonic
extraction pumps, a 200 gallon oil/water separator, a free product storage tank, a 4 tray-12
GPM air stripper, two particulate cartridge filters and two liquid phase carbon units with
discharge of treated groundwater into an unnamed tributary of Burton Branch in the
Catawba River Basin. In addition, the system components must be located above the 100
year flood line on the property.
This Authorization to Construct is issued in accordance with Part III, Paragraph A
of NPDES Permit No. NC0085537, and shall be subject to revocation unless the
wastewater treatment facilities are constructed in accordance with the conditions and
limitations specified in this permit.
In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as
may be required by this Division, such as the construction of additional or replacement
wastewater treatment or disposal facilities.
The Mooresville Regional Office, phone no. (704) 663-1699 shall be notified at
least forty-eight (48) hours in advance of operation of the installed facilities so that an in-
place inspection can be made. Such notification to the regional supervisor shall be made
during normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has been installed in accordance with the NPDES Permit, and the approved plans
and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box
29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall
be maintained on file by the Permittee for the life of the facility.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
A copy of the approved plans and specifications shall be maintained on file by the
Permittee for the life of the facility.
Failure to abide by the requirements contained in this Authorization to Construct
may subject the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
The issuance of this Authorization to Construct does not preclude the Permittee
from complying with any and all statutes, rules,regulations, or ordinances which may be
imposed by other government agencies (local, state, and federal) which have jurisdiction.
If you have any questions or need additional information, please contact Mr. Mark
McIntire, telephone number (919) 733-5083, ext. 553.
Sincerely,
-�1k.. Preston Howard, Jr., P.E.
cc: Central Files
Mooresville Regional Office,Water Quality
Permits and Engineering Unit/ATC File
Facility Assessment Unit
S&ME/Jim Ponder
lirPermit No. NC0085537
Authorization to Construct
EMRO#60
April 12, 1996
Page 3
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe(periodically, weekly, full time)the construction of the
project, , for the
Project Name Location
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and
intent of the approved plans and specifications.
Signature Registration No.
Date
•
RATING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS
Name of Facility: £MRI . esi1`ty
Owner or Contact Person: Mc (? / 77- Groan Mailing Address: J 9 30 3
s Aisr/2 /a J (4,2"u JfP , ��
County:
act, Telephone: f170 -A/AO
Present Classification: AT/A- New Facility t/ He ExistingDep Facility
oci ity ,
NPDES Per. No. NCOO rti"S'3-ondiu. PerTelephone00#)&.3 -/6 9f Date: a?-/3-16
Ratedby:
Reviewed by: Heatth Dept. Telephone:
Regional Office Telephone:
Central Office Telephone:
ORC: Grade: Telephone:
Irrigation __,_
Check Classification(s): Subsurface _ Spray pation Land Application
Wastewater Classification: (Circle One)CI) II III IV Total Points:_,
FFPLANT PRCCi3StS NC r ..ATED CONTROL FOt1PPl ENT W -iCN ARE AN NTS"' AL PART OF - -. wrzoi1;0t�ht_Y OF PTIC?ANK
lSIDEAI WASTE TREATAr!4T FOR T!f PURPOSE OF q.ASSt� ATO' ALSO SEFTC TAW SYSTEMS
CONSCING/Rrdt?(3RAYTTY tdTRFr1.T>ON L I,ES ARE EXEMPT FFCM CLASsicrAlrN
•
------------------
SLEISUFFACE OLASSIFCATChl SPfiAYWRCIATQ4CLASSIFICATION
deck a1 units that apply) (check a1 units that apply)
1. __ssptk tanks 1._____Pretrrninar y treatment (definition no. 32 )
2
a.__�PAmp tares a._�MPtk tanks
a...___ ion or pump-dosing systems
4• ,sane tillers 4, pimp tanks
5, ,crease trapirderoeptor 5.---Punts
oVwater serpent ors Illy sand fibers7.
7�gravf eb y ss{rrface treatment and deposal: 7` grease trrd rosptora`��oilvrafer separatorsa, pressure atbsurtace treatment and disposal:
I die inf sot ion
10._ chemical addition for nutrisnthigae trorttrol
11, .spray irrigation of wastewater
In addition to the above classifications. pretreatment of wastewater In excess of these components shall
be rated slang the point rating system and will require an operator with an appropriate dual certification.
LA1. APPUG d app6zE �a smEed was aondealratSd ere.
1. Land aPPt'�'
WASTEWATER TREATIANT FAWN CLASSIFICATION
The following systems ahaf be assigned a Class I classification,can! ee the flow is of a signlricant quantly or the technology is umrcwi►Y
sample:,to require oons+dereion by the Commission on a cas.-byca•se basis: (Check I Appropriste)
1, Direr Separator Systems consisting only d physical separation,pumps and disposal;
—, Septic Tani/Sand Fifer Systems wnaictng only of peptic tarir.a, dosing apparatus. puntpa.sand fitters,disidedion
and
drool ckecharse;
b. Lagoon Systems oornisting only of preiminary treatment, lagoons.pumps,disinfection, nec»ssary chemical irsatmert for
algae or nutrient control, and dined discharge;
4 aP Recycle System ofothraler separators, Pups air-shipping,t�rbon adsorption,dS1 leabn
Moon:Node( R rnsfxion Systems consisting only
anQ with el to wsisrE
a Aq�aeu!lure �'u'ior8 .
7. Wiser Plant sludge hand'�+ng and back-wash water trsatmerd:
a, .Seslcod processing consistirg of screening end deccsal.
e. Sirgl -tamlty d arDkg systems,with tM exception of Aerobic TreatmentUnits,will be dasslr I porrn led Oed• Such
15 3 or V upon Inspection by the Division,II is found the the s b not bring ade e y operated
systems eft be rained ci the c&sslrcaton or roctasslrycal+on by the Corrxnksion, In writing.
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28 Mr 1Q' •g5 486 • .Te.4o.-Geo.oG.c..au.vev woktwiNGTON c c-,.T2 81°07'30"
87 18800°°'E.
ROAD CLASSIFICATION .-c'<
0
"'`E /• / ,✓ Primary highway, Light•duty road, hard or ,Q
!' Lii /t'•-- c .i�7? LI n ?r/ hard surface , improved surface ',5, sa
v//ry s
' ' e 6.5�� Secondary highway. o0
p.rYr�% /1`� /v"� J 7 Unimproved hard surface road = _-
/- `-ji 4r�'�r ti� Interstate Route U S Route C State Route
_. •Nc
=- --, /3j. GASTONIA NORTH, N. C.
QUADRANGLE LOCATION SW/4 GASTONIA 15 QUADRANGLE
N3515—W8107.5/7.5
1970
AMS 4754 I SW-SERIES V842 1 .O
. 1 a t \A/