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NC0080195_Regional Office Historical File Pre 2018 (3)
/ Vl' PAT MCCRORY s;y 9 h /// Governor DONALD R. VAN DER VAART Seel tan Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director May 23, 2016 RECEIVED/NCDENR/DWR 1UN1 © 2016 Mr.James Randall Ferrell Forest Hills Mobile Home Estates WTP WORDS 19124 N. Beatties Ford Rd. MOORESVILLE REGIONAL OFFICE Cornelius,NC 28031 Subject: Issuance of NPDES Permit NC0080195 Forest Hills Mobile Home Estates WTP 101 Lutz Drive,Dallas,NC 28034 Gaston County Dear Mr. Ferrill: The Division of Water Resources(the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15,2007, or as subsequently amended. The Division understands that you have made no significant changes to your facility since the last permit renewal. We have made the following updates to your previous permit: • added parameter codes to Section A. (1.) • updated the facility map. We have made the following updates to since the draft permit. • updated footnote 1 in Section A. (1.): Effective December 21,2016,the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. See Special Condition A. (2.). • updated Special Condition A. (2.) for electronic reporting of monitoring reports. Starting December 21, 2016, federal regulations require electronic submittal of all discharge monitoring reports(DMRs)and specify that, if a state does not establish a system to receive such submittals,then permittees must submit DMRs electronically to the Environmental Protection Agency(EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application has been added to your final NPDES permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account,please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr. State of North Carolina Environmental Quality I Water Resources 1617 Mail service Center Raleigh,North Carolina 27699-1617 919 807 6300 Mr. Ferrell May 23, 2016 Page 2 of 2 For more information on EPA's final NPDES Electronic Reporting Rule,please visit the following web site: http://www2.epa.gov/compliance/final-national pollutant-discharge-elimination-system-npdes-electronic- reporting-rule. If any parts,measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing,upon written request submitted within thirty (30)days after receiving this letter.Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,North Carolina 27699-6714.Unless such a demand is made,this permit shall remain final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions,or if we can be of further service,please contact Derek Denard at [derek.denard@ncdenr.gov] or call(919) 807-6307. Resp- tfully, VJay Zimmerman,P.G., irec o Division of Water Resources,NCDEQ Enclosure: NPDES Permit NC0080195 (Issuance Final) hc: Central Files NPDES Pro u. II • es apt�IFfigh "°:`�. � E rr:w a NPDES Permit NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, James Randall Ferrell is hereby authorized to discharge wastewater from a facility located at the Forest Hills Mobile Home Estates WTP 101 Lutz Drive, Dallas, NC 28034 Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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 July 1, 2016. This permit and authorization to discharge shall expire at midnight on July 31, 2020. Signed this day May 23, 2016. S Zimmerman, P.G., Dir ctor Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 NPDES Permit NC0080195 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore,the exclusive authority to operate and discharge from this facility arises under the permit conditions,requirements, terms, and provisions included herein. James Randall Ferrell is hereby authorized to: 1. continue to discharge treated filter backwash wastewater from a green sand filtration technology water treatment plant; located at the Forest Hills Mobile Home Estates WTP, 101 Lutz Drive, Dallas,NC, off Rhyne Road(NCSR 1823), west of Stanley, in Gaston County. 2. discharge from said treatment works via Outfall 001, at the location specified on the attached map into an unnamed tributary to Hoyle Creek [11-129-15-(1.5)], a water body classified WS-IV waters located in Subbasin 03-08-35 [HUC: 030501020601] of the Catawba Basin. Page 2 of 6 . NPDES Permit NC0080195 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored and reported'by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Type Location Flow 1 • 50050 Monitor&Report(MGD) 2/Month Instantaneous Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent pH 00400 z6.0 ands 9.0 standard units. 2/Month Grab Effluent Total Residual Chlorine2 50060 17 pg/L 2/Month Grab Effluent Turbidity 00070 Monitor&Report(NTU) 2/Month Grab Effluent Manganese 01055 Monitor&Report(pg/L) Quarterly Grab Effluent Total Iron 01045 Monitor&Report(mg/L) Quarterly Grab Effluent Footnotes: 1. Starting on December 21,2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A. (2.). 2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 Ma— Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts • All samples collected should be of a representative discharge. Page 3 of 6 NPDES Permit NC0080195 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency(EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit(Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 Effective December 21,2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See"How to Request a Waiver from Electronic Reporting"section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020,the permittee must electronically report the following compliance monitoring data and reports,when applicable: Page 4 of 6 NPDES Permit NC0080195 • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act(CWA) Section 316(b)Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant- discharge-elimination-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60)days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page 5 of 6 NPDES Permit NC0080195 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I 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." 5. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 6.3111 rv— r.--4 i *A.:://) A ..,„ - . "• � r ! i I r s 'PA (114 ' �- •� �, a Rhyne Rd ♦ , , r - x y ✓/j v 1 `� j - � r / 6+ r ".. • ?per ._.....+�' ,/ •- ~ • +. •� ` « - r ) ' / � r 7 . .h r s �L A _ iI ' - ,_ . . Outfall 001 i ; t• ' [flows southwest] t• t ,yo. {{ i j o 8? - _ r f Lutz D -, . -.. . '-'„,. '-`• ',' I.1 ' ''''•••.'"-'1,„4/0( ,4110" . '6 ^ 1 r Y , C ) -.., '/,'.' .....17,,1;,,„: :-.....Ak' '',•*--„, ....... - ...., a . J9I r �v Ma t UT to Hoyle Creek '� `"� ' Hoyle Creek -- `90- g L [flows southeast] `=, [flows southwest] :__Ls i � • x 4 . ,� - r ., i o tfi '" ;5.,...,.,�.,. __ _ ..fie"'1 ., a � - . . ..,E...1,....__�� �•�� _, f� _ 1r -t 7 _ p srRiGt % ,,,,,, copy!Ight C 20 3 Nat onal Geographic Society\i cubed James Randall Ferrell N Forest Hills Mobile Home Estates WTP �>w"`�i �"tommainmor`�� `t rfli NPDES Permit NC0080195 �p,`1�jll'.�i►r.�1► ��t '��''�.. 101 Lutz Drive, Dallas, NC 28034 =a# ta -`= 00 Receiving Stream: UT to Hoyle Creek 4f Stream Segment: 11-129-15-(1.5) Stream Class:WS-IV 35.3706°N, -81.14°W River Basin:Catawba Sub-Basin#: 03-08-05 SCALE County:Gaston HUC:030501020601 1:24,000 NC Grid/USGS Quad:F14SW/Gastonia North, NC • NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days.These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However,for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods:January through March,April through June,July through September,and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically.Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or Version 11/09/2011.1 NPDES Permit Standard Conditions ' Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the . calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the "daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or"the Division" The Division of Water Resources,Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N=the number of individual values. For purposes of calculating the geometric mean,values of"0"(or"< [detection level]")shall be considered= 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream samples). Version 11/09/2011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance.To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average(concentration limit) The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average(concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or modification;or denial of a permit renewal application[40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301,302,306,307, 308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402,or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308, 318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or • Version 11/09/2011.1 NPDES Permit Standard Conditions • Page 4 of 18 imprisonment of not more than 1 year,or both. In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both. [33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301,302,303, 306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA,shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302, 306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing" (Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures" (Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319. Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations[40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/09/2011.1 • NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances, is held invalid,the application of such provision to other circumstances,and the remainder of this permit, shall not be affected thereby[NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible corporate officer means: (a)a president, secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a.above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager,operator of a well or well field, superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] Version 11/09/2011.1 NPDES Permit Standard Conditions • Page 6 of 18 c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or together with any reports,information,or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert , under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100;and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators,certified by the Water Pollution Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the system,and, for each classification must[T15A NCAC 08G.0201]: a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system,with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year;and c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission (or to the local health department for owners of subsurface systems)countersigned by the designated certified operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible Charge(Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC) of the proper type and grade;or ➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in Responsible Charge(Back-up ORC). Version 11/09/2011.1 • NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor]or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b.and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. Version 11/09/2011.1 NPDES Permit Standard Conditions • Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. Upsets a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met.No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit. c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water,or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/09/2011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g), 33 USC 1314,of the CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this pennit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years, or both[40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: > all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit > copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/0912011.1 NPDES Permit Standard Conditions • Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information[40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41(1)].Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a)(1);or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61]or state statute. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800)662-7956,(800)858-0368 or(919)733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6.of this permit at the time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information[40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011.1 NPDES Permit Standard Conditions • Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system,as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/09/2011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements under Item b.of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter (500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and specific local limits,best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H .0900,and in accordance with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40 CFR 403, 15A NCAC 02H .0900,and the legal authorities,policies,procedures,and fmancial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements.Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H.0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the defmition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.80)(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A NCAC 02H.0903(b)(16), .0906(b)(3)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011.1 . "., - e..�. .-. wT-++i! . ... .. -T.'A,,. ' r-t ...r.... r' ..'C'^' !+w . ..,�l�T^•?+-+ o..—...-.a<._,.). _n_•wT.:�-.�•?*.•N a ....-.5�..Rw wr':ir w^� NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905,and 1 .0906(b)(4)] 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special conditions,and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all 1UPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H.0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC,the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143- 215.1(a)(8)] 7. POTW Inspection&Monitoring of their IUs 4 The Permittee shall conduct inspection, surveillance,and monitoring activities as described in its Division approved pretreatment program in order to determine,independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H.0908(e);40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year; b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year,document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A NCAC 02H.0908. [15A NCAC 02H.0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR 122.44(j)(2)and 40 CFR 403.12] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H.0909,specific local limitations,and other pretreatment requirements.All remedies, enforcement actions and other,shall be consistent with the Enforcement Response Plan(ERP)approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.80)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908. In lieu of submitting annual reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report (PAR)describing its pretreatment activities over the previous calendar year to the Division at the following address: f- k Version 11/09/2011.1 NPDES Permit Standard Conditions' • Page 18of18 NC DENR/Division of Water Resources/Water Quality Permitting Section Pretreatment,Emergency Response, and Collection Systems(PERCS)Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative 1 A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on forms or in a format provided by the Division; • c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(IUs) in significant noncompliance(SNC)with pretreatment requirements,and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of IUs in SNC,a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs,and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period.This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records,water quality records,and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H.0908(f);40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. I Version 11/09/2011.1 AA • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, Ill Governor Director Secretary RECEIVED March 1,2013 DIVISION OF WATER QUALIT Mr.Randy Ferrill MAR 1 8 2013 Forest Hills Mobile Home Estates P.O.Box 19288 MOORESVILWLE REGION�L OFFICE Charlotte,NC 28219 Subject: Correction of NPDES Permit NC0080195 Forest Hills Mobile Home Estates WTP Gaston County Dear Mr.Ferrill: The Division of Water Quality has become aware of an error that occurred during the latest renewal process for the subject permit. The water treatment process at the facility was incorrectly categorized, and as a result the permit included effluent limits and monitoring frequencies that are inappropriate for its wastewater discharge. To correct this error,we are forwarding the attached modified permit. This correction applies the Division's permitting strategy for Greensand Filter water treatment plant discharges(it had been incorrectly permitted as a discharge from a conventional water treatment plant)to the subject permit. The corrected permit removes monitoring for Aluminum,Total Copper and Whole Effluent Toxicity. Because the remaining monitoring requirements and effluent limits remain the same as in the previous permit,this corrected permit shall become effective immediately. This correction is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated October 15, 2007(or as subsequently amended). Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Bob Sledge at telephone number(919) 807-6398 or via e-mail at bob.sledge@ncdenr.gov. Sing rely, /AA- Ciff/(1721 Charles Wakild,P.E. cc: Central Files Mooresville Regional Office/Surface Water Protection Section NPDES Permit File ec: Aquatic Toxicology Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NorthCarolina Phone:919-807-63001 FAX:919-807-6492 Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Acton Employer Permit NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Forest Hills Mobile Home Estates is hereby authorized to discharge wastewater from a facility located at the Forest Hills Mobile Home Estates WTP Rhyne Road (NCSR 1823) West of Stanley Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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 March 1, 2013. This permit and authorization to discharge shall expire at midnight on July 31, 2015. Signed this day March 1, 2013. // C(arIes Wakild, P.E., Dir or Division of Water Quality By Authority of the Environmental Management Commission Permit NC0080195 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions,requirements,terms, and provisions included herein. Forest Hills Mobile Home Estates is hereby authorized to: 1. Continue to discharge treated filter backwash wastewater from a green sand filtration water treatment plant. The facility is located at the Forest Hills Mobile Home Estates WTP, off Rhyne Road(NCSR 1823),west of Stanley, in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek, classified WS IV waters in the Catawba Basin. Permit NC0080195 I f ( .,,. •-''------\.4,--c , C,_r �__ ` q ( / ___----___ (.„----- .!_,..- -------t -0, - : ) ..- ...., () ,,,,,, _Qc ....,,,_ / ECC-7-7 (69°1-A1/7,, /:,--------1(---7-------- - —1, c i___ _,/ 1 g 0 \ P *-t'3 /g ( --I r- ))//),(//)( • J l �j/ l ''''› (: e, , (..,_,... :„."---. / ,..,". 0-...;:7:73.1 ...,..!,-.. \‘....„ \ _ /if- /... .'-------7--Q(2,4, ) (.15:// ,. , </''----"(''' '-\\\:-) 1 -'- \\)-a ---'-----7 `,._-, i �, -/ ,� ,(/90ischarge--roint-_ \! ///////' C' 7—\V v \ (.1 ti--'�;% r 79l i -- ) , ) ./.r. . z.... \,..._\\I 2 /) ----...---7; --- i ' 7-1 s --/Z---1S A. Cs- 1)----',-,- ?_ ---\ ' -..--",4? ___ " ----1-,----- i 0 ? ? \Th , 7---- i ) ; , 1 -\ ( . ' \---7 ____/----/--- )(f/- — ) , . a ((ci \_; -0-N - ,G y("2,/r\i/A, .1--7(-1,21k).7--4097/72: ( c(.2, ,,,,,, ...\\---, ) \ ,\\\.7._ ___..--,<,,________7 ---- > /7 ...._ A �(f t\ /(--jit ? `7.5Lim,„: / \. i // ` ) , . .„,c,\.), ) _i;), )))__ 1 ,\ _.\_,J4 \ ----?-\\\\\,---- \jk (-----/ ---;/3(- 271)-- -.9 \---1.\(---:-:>32) ---2/---'---//--/---4")/ C --._:),,,„,,,,_,, zi,„ 700 _.<7.-.......„_Amer_ cri ), k, f 0 J v D \ --1\\\ 1-- 1"--,0 '\ -,...' ...,. * ** ` / (.." q. `] sJ /,-.- / ► I 1tr` (/ r l 1 �\ n-----.! l \ �\- "- ' ti ! t I \) 7:--j )\\' \''''''''/"' \5 c----- -------ii / ct\ t oii/ ---- r----, \_ , 7' ,-------\\ \ : i , e1;) ,..) , - 2/ i _-, ) ')\\ / %) /77- --,,,,- ( (c-)'A,", ' c fl.\ - / ( I ' ///(V\ _ '-t AD , ill \ 1 r _J \ ,_,),, i (/ ) /i ) ,,k, \<-,•-) ..„--,7 li: . t-, )---,. \\ 1 \ --\•.. / \\\, - --I -- -0 /,'_./ , //- ‘,,( / (.., \,,r---i"\. (7-----\, 1, k ),,.___.-___ 4c, \ \c , / _ , • rj, ,___ _, ) k, / r-, ' /: ( („-:.,/,-..?_,.___) 1 f .._____). C --- _i_l______ -\ ''-/-.'::-1.1 j I"-—? -\\\ ( ifcr f . \ 1. -',,....7' rT7 Li _ \,, / , , ,,,__, \--- Forest Hills Mobile Home Estates Facility , l� Forest Hills Mobile Home Estates WWTP Location °, Latitude: 35°22'14" N State Grid: Gastonia North not to scale Longitude: 81°08'24" W Permitted Flow: N/A Receiving Stream:UT to Hoyle Creek Sub-Basin/HU: 03-08-35 NPDES Permit No. NC0080195 Stream Class: WS-IV Drainage Basin:Catawba River North Gaston County Permit NC0080 195 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Average Maximum Frequency Location 50050- Flow 2/Month Instantaneous Effluent 00530—Total Suspended Solids 30 mg/L 45 mg/L 2/Month Grab Effluent 00400-pH 6.0—9.0 s.u. 2/Month Grab Effluent 50060-Total Residual Chlorine1 17 pg/L 2/Month Grab Effluent 00070-Turbidity 2/Month Grab Effluent 01055- Manganese Quarterly Grab Effluent 01045-Total Iron Quarterly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 µg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts All samples collected should be of a representative discharge. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March,April through June,July through September,and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or Version 11/09/2011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.For pollutants measured in units of mass,the"daily discharge"is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the "daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2;see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N=the number of individual values.For purposes of calculating the geometric mean,values of"0"(or"< [detection level]")shall be considered= 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream samples). Version 11/09/2011 NPDES Permit Standard Conditions Page 3of18 • Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance.To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average(concentration limit) The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average(concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or modification;or denial of a permit renewal application[40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302,306,307,308, 318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402,or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308, 318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or Version 11/09/2011 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. In the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both. [33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall,upon conviction,be subject to a fme of not more than$250,000 or imprisonment of not more than 15 years,or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fme of not more than$500,000 or by imprisonment of not more than 30 years,or both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA,shall,upon conviction of violating the imminent danger provision,be subject to a fme of not more than$1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing"(Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures" (Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319.Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore,the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations[40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/09/2011 NPDES Permit Standard Conditions Page 5of18 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit, shall not be affected thereby[NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section,a responsible corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal,or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager,operator of a well or well field, superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] Version 11/09/2011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or together with any reports,information,or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert07, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete.I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100;and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators,certified by the Water Pollution Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the system,and, for each classification must[T15A NCAC 08G .02011: a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system,with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year;and c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission (or to the local health department for owners of subsurface systems)countersigned by the designated certified operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible Charge(Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or (2) within 120 calendar days following: > receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC) of the proper type and grade;or ➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in Responsible Charge(Back-up ORC). Version 11/09/2011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must: D. Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass,it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. Version 11/09/2011 NPDES Permit Standard Conditions • Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. Upsets a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met.No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is fmal administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR Part 258,Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T,Waste Not Discharged To Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H .0124)to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water,or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these, and all other reports required herein,shall be submitted to the following address: Version 11/09/2011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR/Division of Water Quality/Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years, or both[40 CFR 122.41]. • 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011 NPDES Permit Standard Conditions • Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information[40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41(1)].Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a)(1);or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11/09/2011 • NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800)662-7956,(800) 858-0368 or(919)733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information[40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act, 33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division.As required by the Act,effluent data shall not be considered confidential.Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system,as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/Division of Water Quality/Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/09/2011 • NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the construction,installation,or alteration of any treatment work or disposal system or to construct, install,or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat,equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the defmitions in Part II of this permit,the following defmitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c)or(d)of the CWA. [40 CFR 403.3 (i)and(j)and 15A NCAC 02H.0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge permit. [15A NCAC 02H.0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization. This defmition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system,as defined in 15A NCAC 2T .0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government organization,or municipality, as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)] "Significant Industrial User" or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS and ammonia;or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a Significant Industrial User(SIU);or 6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works(POTWs) Version 11/09/2011 NPDES Permit Standard Conditions Page 15 of 18 • All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit.Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants(BOD,etc.)released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that may cause acute worker health and safety problems;or (8) Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge;the investigation into possible sources;the period of the discharge,including exact dates and times;if the discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions • Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.44(j)(2)] 5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H .0900,and in accordance with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40 CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements.Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division.The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(0(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5,local limits are Version 11/09/2011 • NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905,and .0906(b)(4)] 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols,reporting requirements,appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as • determined by the HWA. [15A NCAC 02H.0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility.Prior to the issuance of an AtC,the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143- 215.1(a)(8)] 7. POTW Inspection&Monitoring of their IUs The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H.0908(e);40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year; b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year,document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A NCAC 02H.0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR 122.44(j)(2)and 40 CFR 403.12] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H.0909,specific local limitations,and other pretreatment requirements.All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908.In lieu of submitting annual • reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report (PAR)describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/2011 NPDES Permit Standard Conditions ' Page 18 of 18 NC DENR/Division of Water Quality/Surface Water Protection Section Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(lUs)in significant noncompliance(SNC)with pretreatment requirements,and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs). These analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of IUs in SNC,a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs,and any other information,upon request,which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period.This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping • The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records,water quality records,and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f);40 CFR 403.12(o)] • 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907. • Version 11/09/2011 • , NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary RECEIVE DIVISION OF WATER QUALITY • June 24, 2011 1 y, %il it L.i Mr. Randy Ferrill P�AvQFE;:;'a;I_L_ z?E�:;±0"fAl OFFICE Forest Hills Mobile Home Estates PO Box 19288 Charlotte, NC 28219 Subject: Issuance of NPDES Permit No. NC0080195 Forest Hills Mobile Home Estates WTP PC-1 Gaston County Dear Mr. Ferrill: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following modifications in the March 16, 2011 draft permit remain in the final permit: • Footnotes have been modified and added. • lnstream Turbidity sampling has been deleted and changed to Effluent monitoring only • Effluent limits and Monitoring requirements for Settleable Solids have been deleted • Total Suspended Residue changed to Total Suspended Solids • Sampling frequencies have been changed for: o Flow from Quarterly to 2/Month o Total Residual Chlorine from Quarterly to 2/Month o Turbidity from Quarterly to 2/Month • The site map has been updated to reflect corrected lat & long values for your discharge point. • Additional monitoring requirements have been added for the following Pollutants of Concern: o Iron - Quarterly sampling o Copper—Quarterly sampling o Manganese — Quarterly sampling • Whole Effluent Toxicity (Monitoring only)—Quarterly sampling 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63871 FAX:919-807-64951 Customer Service:1-877-623-6748 North Carolina Internet:htlpJ/portal.ncdenr.orglweb/wq/home ��������� An Equal Opportunity I Affirmative Action Employer If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. • Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 807-6387 or email at (bob.guerra o(�ncdenr.gov). 'ricer ly, (<1A17,914. oleen H. Sullins Enclosure: NPDES Permit NC0080195 cc: NPDES Unit iresville=Regional:_Qffioe-I ei Pfettit►i n- 'i fGbs `Supervisorwr► Aquatic Toxicity Unit/ Cindy Moore Ken Deaver, ORC ken(c�kaceinc.com 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807.63871 FAX:919-807-64951 Customer Service:1-877-623-6748 NorthCarolina Internet:http://portal.ncdenr.org/web/wglhome NaturallyAn Equal Opportunity\Affirmative Acton Employer • Permit NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT • TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Forest Hills Mobile Home Estates is hereby authorized to discharge wastewater from a facility located at the Forest Hills Mobile Home Estates WTP Rhyne Road (NCSR 1823) Gaston County to receiving waters designated as an Unnamed Tributary to Hoyle Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ill and IV hereof. This permit shall become effective June 24, 2011. This permit and authorization to discharge shall expire at midnight on July 31, 2015. Signed this day June 24, 2011. /1-1<, C en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission • Permit NC0080195 ' SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority tq operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Forest Hill Mobile Homes Estate is hereby authorized to: 1. Continue to discharge treated filter backwash wastewater from a conventional water treatment plant. Wastewater treatment components include: • Dechlor The facility is located at the Forest Hills Mobile Home Estates WTP, at Rhye Road (NCSR 1823) in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into an Unnamed Tributary to Hoyle creek, classified WS IV waters in the Catawba Basin. lk ' (./ ci . \\N -- N'------ 7/./ \\- ,._ ,„----)• 46 82.y 5 • \ \?,______ „.„ r L1T27 , \ • i .-7---(___ - ' ( f ' - , • Outfall 001 �v�-'f ..„.„..„/ / -------,,. , , ,,, .\fa 2 („, ). \--, I ,.-• 7,--7 )( ______--,----;-, ',„„..-",_,) ..._ ..,.., rz ttr ,_, -,,, - ) -:7‘. t " ' �ll l* ��� • f / 1 ,4 ,,,,___\_ .,__, � � A � — „ • , , _„, r i ir,..J* / ., / ,,.. l � _^ y r ho _, i ' /r � �� � 1 , '1— . I '' ''— e. .,,,,,--91,.... ,.....;51/) f ,,, /: i --) /-% \ i \ L2--_-,,,,IC: ), '---,.L---/ ' ,..,....„ ,, , \ •\ ,„_,.................„ ,.\\,..„....„..........„ -...\\ .„ t 7 /r / ( \ , sh... _ ( / - fT-->7 ,,/ ,-.) ,-) ) r — - qp_si_.-_-L-7,, ,, tI 1 „-„,..„..-----,..„--> .., . ..._, i (..._,.....„-- / / /1 ( ! /(1/.1 , - \ . .i __ 7-1 i , i, ...,..____.,)(,),„11,--„„ \-„,„...... , * ''.---\___,----/ 7/ i t,4.-.j, r • ',-.1 ,/,,,,Hl i \ \\,_ i ) / i -:--„...„ cit.:i \ r - _f5 / * t \ ( \•\ \\ rr -\ : \, \._ � --�.• ) ,,L,.------ ---,,\ /.•.'" ,..,-'^•••C' .. \ \'‘. 1 I . / I it, ym .--f ..____. , ....r,, j . c ----\\\,, \\ \ \ t--' \ ( 7--- N...,..------, ) I) 4. I "\, 111\\\\\, c --) \ \\ / . r -`4 ., -\,1 / ) . / i ,_„_.._, ".) \ . . \ . , --._, . -\\...-.--) 1 . ) ,,,---,_? -"c .„„..., ..., `~----- / ' -'M i ‘c.\ \ j ( 14 ,----7 7-') \ \ / 1,-"CO ) ,-'''' ) 1 / /..\ \ \/- (--‘'-'-',, ' 10) i f- .' \,../ ' ( I/ . 1 ° i Forest Hills Mobile Home Estates ;{ 4 , . I Facility Forest Hills Mobile Home Estates WWTP , . . 'i r Location Ai,:., Latitude: 35°22' 14" N State Grid: Gaston North not to scale Longitude: 81°08'24" W Permitted Flow: N/A „ , Receiving Stream:UT to Hoyle Creek Sub-Basin/HU: 03-08-55 NPDES Permit No. NC0080195 Stream Class: WS-IV Drainage Basin:Catawba River North Gaston County Permit NC0080195 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Average Maximum Frequency Location 50050- Flow 2/Month Instantaneous Effluent 00530—Total Suspended Solids 30 mg/L 45 mg/L 2/Month Grab Effluent 00400-pH 6.0—9.0 s.u. 2/Month Grab Effluent 50060-Total Residual Chlorine' 17 pg/L 2/Month Grab Effluent 00076-Turbidity 2/Month Grab Effluent 01105- Aluminum Quarterly2 Grab Effluent 01042-Total Copper Quarterly2 Grab Effluent 01055-Manganese Quarterly2 Grab Effluent 01045-Total Iron Quarterly2 Grab Effluent TGP3B-Whole Effluent Toxicity Quarterly Grab Effluent Monitoring3 Footnotes: 1) The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However,effluent values below 50 ug/L will be treated as zero for compliance purposes. 2) Parameter should be monitored in conjunction with toxicity test 3) Chronic Toxicity Monitoring P/F(Ceriodaphnia Dubia)@ 90%,during the months of March,June,September,and December. See Part I,Condition A.(2.). Further studies will be required to determine the cause of toxicity,if any. The collection of samples shall coincide with the sampling of other parameters. There shall be no discharge of floating solids or visible foam in other than trace amounts All samples collected should be of a representative discharge. • I?ermit NC00'80195 A. (2.) CHRONIC TOXICITY MONITORING (QRTRLY) The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the"North Carolina (Ceriodaphnia Dubia) Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall be performed as a Ceriodaphnia dubia 7day pass/fail test. The tests will be performed 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, DWQ Form AT-1 (original)is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. 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 there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name, permit number,pipe number, county, and the month/year of the report with the notation of"No Flow"in the comment area of the form.The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, 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 Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation &reporting of the data submitted on the DMR&all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction,and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Standard Conditions Page l of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days.These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year.In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June,July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval between grab samples,etc.) on a case-by-case basis.Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 10/29/2010 NPDES Permit Standard Conditions• Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest"daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N =the number of individual values.For purposes of calculating the geometric mean,values of"0" (or"<[detection level]")shall be considered=1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes.Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total discharge. Version 10/29/2010 NPDES Permit Standard Conditions Page 3 of 18 Monthly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average(concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance,or modification;or denial of a permit renewal application[40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s]301,302,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402(b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a)(2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal Version 10/29/2010 NPDES Permit Standard Conditions• Page 4 of 18 penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c) (2)and 40 CFR 122.41 (a)(2)] e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a)(2)] f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes§143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1319(g)(2)and 40 CFR 122.41 (a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part H. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319.Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal,State or local laws or regulations[40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit,shall not be affected thereby[NCGS 150B-23]. Version 10/29/2010 ' NPDES Permit Standard Conditions Page 5 of 18 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit[40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official[40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager,operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative[40 CFR 122.22] Version 10/29/2010 NPDES Permit Standard Conditions Page 6 of 18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition[40 CFR 122.41 (f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b)(2)may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge(ORC)of the water pollution control treatment system.Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system.Back-up ORCs must possess a grade equal to(or no more than one grade less than)the grade of the system[15A NCAC 8G.02011. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 10/29/2010 ' . i NPDES Permit Standard Conditions Page 7 of 18 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. b. Notice[40 CFR 122.41 (m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. Upsets a. Effect of an upset[40 CFR 122.41 (n)(2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 10/29/2010 NPDES Permit Standard Conditions Page 8 of 18 b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E.6. (b)of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit. c. Burden of proof[40 CFR 122.41 (n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge(when promulgated)within the time provided in the regulation,even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR) Form(MR 1, 1.1,2,3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/ Division of Water Quality/ Surface Water Protection Section ATTENTION:Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 10/29/2010 { NPDES Permit Standard Conditions Page 9 of 18 measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et.seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit[40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph,punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both[40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information[40 CFR 122.411: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; Version 10/29/2010 NPDES Permit Standard Conditions Page 10 of 18 c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location[40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41 (1)].Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a)(1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA[40 CFR 122.41 (1)(3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41 (1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 10/29/2010 • . • NPDES Permit Standard Conditions Page 11 of 18 b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance[40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800)662-7956,(800)858-0368 or(919)733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted.The reports shall contain the information listed in Part II.E. 6. of this permit[40 CFR 122.41 (1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information[40 CFR 122.41 (1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the Federal Act,33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than$25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41]. Version 10/29/2010 NPDES Permit Standard Conditions - • Page 12 of 18 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.The report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/ Division of Water Quality/Surface Water Protection Section ATTENTION:Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 10/29/2010 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L)for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L)for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the.most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 10/29/2010 NPDES Permit Standard Conditions , Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b),(c)or(d)of the CWA. [40 CFR 403.3(i)and(j)] Interference Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903(b)(13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation,of the POTW's NPDES permit,or of an instream water quality standard. [15A NCAC 2H.0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903(b)(27)] "Significant Industrial User"or"SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903(b)(34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary,noncontact cooling and boiler blowdown wastewaters)or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern,or; (c) is required to meet a national categorical pretreatment standard,or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works(POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 10/292010 . NPDES Permit Standard Conditions Page 15 of 18 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5(a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times;and if the discharge has not ceased,the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 10/29/2010 ,NPDES Permit Standard Conditions • • Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 2H.0907(a)and(b). [40 CFR 122.44(j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307(b) and (c)and 402(b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA, 40 CFR 403,15A NCAC 2H.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and.0906;40 CFR 403.8(f)(1)and 403.9(b)(1),(2)] 2. Industrial Waste Survey(IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)1,including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU.The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division.The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c.of this Part. 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D,and Section E.5.). [15A NCAC 2H.0906(b)(2)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c)and 15A NCAC 2H.0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols,reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 10/29/2010 NPDES Permit Standard Conditions Page 17 of 18 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-215.1 (a) (8)] 7. POTW Inspection&Monitoring of their"Us The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited pollutants,once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a),Tables IC,ID,and IF,as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2)and 40 CFR 403.12] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906(b)(7)and.0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports,Modified Pretreatment Programs developed under 15A NCAC 2H.0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR/ Division of Water Quality/Surface Water Protection Section Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non-Compliance(SNC); Version 10/29/2010 NPDES Permit Standard Conditions • Page 18 of 18 b.) Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in SNC.These analytical results must be reported on Industrial Data Summary Forms(IDSF)or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules, public notice of SIUs in SNC,and any other information,upon request,which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non- Compliance (SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5) and.0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records,water quality records,and records of industrial impact on the POTW. [15A NCAC 2H.0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906(a)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 10/29/2010 NCDENR Ogo North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 11, 2011 RECEIVED DIVISION OF WATER QUALITY RANDY FERRILL FOREST HILLS MOBILE HOME ESTATE FEB 14 ,_`',;;;I PO BOX 19288 sw, _ =k t CHARLOTTE NC 28219 MOORESVILLE O'rFICE Subject: Receipt of permit renewal application NPDES Permit NC0080195 Forest Hills Mobile Home Estate WTP Gaston County Dear Mr. Ferrill: The NPDES Unit received your permit renewal application on January 31,2011. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit,please contact Bob Guerra at (919) 807-6387. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES MOINtleSurface Water Protection NPDES Unit a d 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-6300\FAX:919-807-64921 Customer Service:1-877-623-6748 North C arol i n a Internet:www.ncwaterquality.org Naturally An Equal Opportunity I Affirmative Action Employer NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Mail the complete application to: RECEIVED N. C. Department of Environment and Natural Resources DIVISION OF I WTER QUALITY Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 F E B 1 4 ?0 ) NPDES Permit Number NCO() $O!9Jr MOOREsv,�LE 1�tv�ONAL OFFICE If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise,please print or type. 1. Contact Information: Owner Name Vrr) Facility Name t-OeYtSk 11,-1116% 1,16 ; 1-loYYtt C s Mailing Address Po , i o d City a1[ ' State / Zip Code Telephone Number (qC459 - agau Fax Number ( ) e-mail Address 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road "h r1 L I'1CJ . C Ncs City eDCLI la S State / Zip Code 1 ASo34 County �^g4on 3. Operator Information: '� Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name AC 1 nve51'mc n+ O ►��C S �.�..(', Mailing Address Po qc}x IQ a Q 8 D LE@ V Cit y ��fl[LwPJIp-1�L JAN 31 ZO11 1 State / Zip Code IBC QSA Telephone Number ( ) 3 5GI - o$at-• PQI -W NT SOURCE BRANCH Fax Fax Number ( ) 4. Ownership Status: Federal ❑ State ❑ Private EX Public El 5. Type of treatment plant: Page 1 of 3 C-WTP 03/05 ' ii r° NPDES For PERMITdischar APPLICATIONassociated water- SHORT FORMplants C - WTP ges with treatment Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) LI Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) • Check here if the treatment process also uses a water softener ❑ 6. Description of source water(s) (i.e. groundwater, surface water) 0112101.lirit)30.40( 7. Describe the treatment process(es) for the raw water: f 06M.. CIaSaC26 ... ptABIL60-10 latj Xillain(106-(1- .b011- 00241' AattriXd 8. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: , q124&00-01/ Of) altatirildia- ibitilAJS Citi 9. Number of separate discharge points: Outfall Identification number(s) 601 10. Frequency of discharge: Continuous ❑ Intermittent ,W If intermittent: Days per week discharge occurs: 4 Duration: O.5 hAA 11. Plant design potable flowrate MGD Backwash or reject flow 0.100 i MGD 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): W ita iut L -blib -to U OttAX_. bit.' (GILL. Caube�._ R,t &)U'L. 13. Please list all water treatment additives, including cleaning chemicals, that have the potential to be discharged. Page 2 of 3 C-WTP 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 14. Is this facility located on Indian country? (check one) Yes ❑ No g 15. Additional Information: • Provide a schematic of flow through the facility,include flow volumes at all joins in the treatment process, and point of addition of chemicals. Qu • Solids Handling Pla 4 UU'• -X'L QA,Q, flO Said-6 `W ,o 16. NEW Applicants Information needed in addition to items 1-15: • New applicants must contact the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No • Analyses of source water collected • Engineering Alternative Analysis • Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. Applicant Certification 0 I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. ;TRaesd name f rson Signing Signature Applicant Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of 3 C-WTP 03/05 2-INCH BALL VALVE C4 I WELL & FILTER PIPING..6„ I� `, c i C-104 SCALE:3/a"=1'-0"} 2-INCH 90 DEG.ELL GALV. NOTE: ALL PIPE PEIy F 2-INCH TEE GALV OF SLAB'MUST BE A,,. 1 , *,.... 36-INCHES FROM OU I 2-INCH90 SURFACE OF WELL C \, • DEG. ELL GALV. %+t 04I gillFILTER AIR COMPRESSOR 1 CONTROLLER t, FOR TANK VOLUME t.. CONTROL I � ?> FINISHED WATER 2-INCH C(IECK VALVE J J,.ah ry‘(�,.,BACKWASH ( 18-INCH RAW AND RINSE ill FILTER CELL WATER FINISHED �� / FLOW _ FLOW WATER -2-INCH TO H.. • METER FILTERS -INCH GALV. 2-INCH 1 AIR LINE TO HYDRO 1,- UNION ' 2-INCH BALL VALVE PNEUMATIC TANK t 2-INCH TEE W/THREADLESS HOSE BIB /11:° ... ,►� /FOR FINISHED WATER SAMPLE RAATER eii BLOWJ FF ! BLOVIVOFF \ 2-INCH TEE TAPPED FOR "CHLORINE INJ. 2-INCH UNION 2-INCH BALL VALVE 2-INCH CHECK 1 COURSE 8-INCH ?-INCH TEE WITH THREADLESS CMU THEN WOOD HOSE BIB FOR WALL. CONCRETE BLOCK V RAW WATER SAMPLE WEEP HOLE AT SLAB 2-INCH TEE 2-INCH HYDROPNEUMAT IC FLOOR DRAIN W/SCREETA NNK 1101•Ilihik 6-INCH WELL SEAL EX.WELL CASING FINISH WATER FEED TO BACKWASH&RINSE DRAIN LINE TO DISCHARGE ; SOC PRIORITY PROJECT: To:Western NPDES Unit Surface Water Protection Section Attention: Charles Weaver Date: March 29, 2010 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No.: NC0080195 PART I - GENERAL INFORMATION 1. Facility and address: Forest Hills Mobile Home Estates Lutz Road Dallas,NC 28034 2. Date of investigation: March 25, 2010 3. Report prepared by: B. Dee Browder, Environmental Engineer 4. Person contacted and telephone number: Randy Ferrill, Owner, (704) 359-8200 Brad Anthony, ORC until Fall 2009 (704) 922-9770 5. Directions to site: From I-77 South travel south toward Charlotte. (10.4 miles). Take the NC-73 exit, Exit 25, toward Concord/Huntersville. (0.3. mile). Turn right onto Sam Furr Rd/NC-73 W. Continue to follow NC-73 W. (8.1 miles). Turn Left onto NC-16 BR. (4.3 miles). Turn Right onto Lucia Riverbend Hwy/NC-273. (0.2 mile). Turn Right onto Stanley Lucia Road. (1.1 miles). Turn right onto Alexis Lucia Road (4.0 miles). Turn right onto Mariposa Road. (0.0 mile). Turn left onto Alexis Lucia Road(2.6 miles). Alexis Lucia Road becomes Alexis High Shoals Road (1.2 miles).Turn left onto Rhyne Road (2.1 miles). Turn right onto Lutz Drive. Turn left(up the hill) after passing the dumpsters. The facility is behind the two trailers. Total Travel Estimate: 54 minutes / 40.08 miles 6. Discharge point(s): Latitude: 35° 22' 14" Longitude: 81° 08' 14" USGS Quad No.: F 14 SW Gastonia North,NC 7. Receiving stream or affected surface waters: UT to Hoyle Creek a. Classification: WS-IV b. River Basin.: Catawba PART II -DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater:N/A MGD b. What is the current permitted capacity: N/A MGD c. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A d. Description of existing or substantially constructed WWT facilities: The existing facility discharges filter backwash water. The facility uses green sand filters to remove excess iron from well water. e. Description of proposed WWT facilities: N/A f. Possible toxic impacts to surface waters: There are no toxic impacts expected. g. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: N/A a. If residuals are being land applied specify DWQ Permit No. PART III - OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including toxicity) requests: None at this time. 2. Important SOC/JOC or Compliance Schedule dates: N/A 3. Alternative analysis evaluation a. Spray Irrigation: N/A b. Connect to regional sewer system:N/A c. Subsurface: N/A d. Other disposal options: N/A PART IV-EVALUATION AND RECOMMENDATIONS The Forest Hill Mobile Home Estates NPDES permit is under review for renewal of their discharge permit for this community. There was no renewal application included with the cover sheet that was forwarded to the MRO for review. The compliance record for this facility has not been perfect or highly non-complaint. The water treatment facility has had significant non-compliance issues in accordance with North Carolina Public Water Supply Section requirements. Also, the treatment system is does not have the necessary equipment needed to properly operate the facility. The potential compliance issues that may occur relating to the NPDES permit and this low performing well system are unknown. The MRO recommends that a request be made to the Public Water Supply Section to advise DWQ about the schedule or plan for upgrades of this facility. The correspondence and records on file at the MRO indicate that Brad Anthony is the ORC for this facility. Mr. Anthony indicated, when I contacted him, that he submitted paperwork to no longer be ORC for this facility in August 2009. The last DMR's on file at MRO for this system are from July 2009. Please include a request for information that confirms that necessary improvements are being implemented that will make the system function properly. 110 Signature of Report Preparer to tell Water Quality Regional Supervisor Date h:\dsr\dsr08\.dsr ATA, NCDENRft North Carolina Department of Environment and Natural Resources Division of Water Quality . Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 8,2010 MAR 1 0 2010 RANDY FERRILL FOREST HILLS MOBILE HOME ESTATE PO BOX 19288 . CHARLOTTE NC 28219 Subject: Receipt of permit renewal application NPDES Permit NC0080195 Forest Hills Mobile Home Estate WTP Gaston County Dear Mr. Ferrill: • The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on March 4, 2010;however, on initial review it was noted that the required Sludge Management Plan, Flow Schematic and 2 additional copies were not included in the submitted paperwork. I am returning the application package and request that the original and 2 copies be returned to this office along with the Sludge Management Plan and Flow Schematic. Upon receipt,a member of the NPDES Unit will further review your application and will contact you if additional information is required. If you have any additional questions concerning renewal of the subject permit,please contact me at (919) 807-6304 or Karen Rust at (919) 807-6400. Sincerely, LL./ta , Dina Sprinkle Point Source Branch cc: CENTRAL FILES esve/Surface Water Protection NPDES Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Naturally�/1►1�����"//� An Equal Opportunity l Affirmative Action Employer N A Michael F.Easley.Govern bt F � TF pWilliam G.Ross Jr..Secretary Y' (r North Carolina Department of Environment and Natural Resources • ,� r Alan W.Klimek.P.E.Director Division of Water Quality DIVISION OF WATER QUALITY • April 25, 2005 Mr. Dean Lutz Forest Hills Mobile Home Estate 950 General Hoke Drive Lincolnton,North Carolina 28092 Subject:NPDES Permit NC0080195 Forest Hills Mobile Home Estates WTP Gaston County Dear Mr. Lutz: Our records indicate that NPDES Permit No.NC0080195 was issued on April 22, 2005 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. For new permits/facilities,the Division may supply an initial small stock of these forms; however, if you fail to receive the forms, please contact this Office as quickly as possible. The forms, including directions for their completion, and other important information are also available at http://h2o.enr.state.nc.us/NPDES/documents.html. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual fee may be required for your facility; if so, you will receive a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance,bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or :.,Carolina ,Iti ifIllj AL TA KTDENR \ C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. To maintain compliance with discharge limitations, proper operation and maintenance of a wastewater treatment facility and the development of a process control program are essential. For those facilities having chlorine tablet disinfection,please be advised that chlorine tablets approved for wastewater treatment use must be used; swimming pool tablets are not approved. Also, be advised that DWQ staff need to have access to the facility's discharge point into the receiving stream;please maintain a path along the outfall line to facilitate that access. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation(and/or criminal penalties)may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit,you should contact this Office immediately. A Special Order by Consent (SOC)may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously,the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, d D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor A:\NPDESLTR.WQ A7LN. NCDENR \c‘o, North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director April 22, 2005 Mr. Dean Lutz Forest Hills Mobile Home Estate 950 General Hoke Drive Lincolnton, North Carolina 28092 Subject: Issuance of NPDES Permit Permit NC0080195 Forest Hills Mobile Home Estates WTP Gaston County Dear Mr. Lutz: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit includes no major changes from the draft permit sent to you on February 16, 2005. Note that the Total Residual Chlorine (TRC) limit in this permit takes effect February 1, 2007. If you wish to explore dechlorination options in order to comply with the limit, consult the enclosed guidance document. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty(30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Gjpp � J 8 number(919) 733-5083, extension 539. t� AND NAT'" • "gOURCES Sincerely, MOORED' ' OFFICE ORIGINAL SIGNED BY SUSAN A \NILSON Alan W. Klimek, P.E. APR 2 5 2005 cc: Central Files Mooresville Regional Office/Surface Water Protection cam, NPDES Unit WATLif, 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 N.Salisbury St.,Raleigh,North Carolina 27604 NorthCarolina Phone: 919-733-7015/FAX 919-733-2496/Internet:h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally Permit NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Forest Hills Mobile Home Estate is hereby authorized to discharge wastewater from a facility located at the Forest Hills Mobile Home Estate WTP Rhyne Road (NCSR 1823) Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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 August 1, 2005. This permit and authorization to discharge shall expire at midnight on July 31, 2010. Signed this day April 22, 2005. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0080 195 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Forest Hills Mobile Home Estate is hereby authorized to: 1. Continue to operate a water treatment plant with a discharge of filter-backwash wastewater. • The facility utilize Green Sand Filters to remove excess Iron from well water This facility is located at the Forest Hills Mobile Home Estate WTP on Rhyne Road (NCSR 1823) near the intersection with NCSR 1837 in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek, classified WS-IV waters in the Catawba River Basin. 0 '8', '86 1 360 000 FEET' \4�' ' �3 J J `� ( '8� • '88 B1'07'30 7..; 1 0. . ' ' 0 -/�I)l�`( ' /_ , ` \,-.0.21: - . , , •�i i/�ji 35'22' .:;-?„.....„. 0 jk..,)\ c..._,....2,L2 ,-.7 ---- )11. 0 4'27 f,---, \---. v . ..,),„) ..___.., ./ .IT i�.�..Q \..'mil i ,,_-- __ (,-- -' . � p,-----,_:_iiiii ,./ 1‘., :\ %,-_-._9 --/. ..,:./„..;-='' '----41- ,1,.' (-------1--'":.'0\\* 4-r• , ! ,- , ,c) -*___:)\ '' I fi (C) I. o,--) ,,I,7._7.,-=-.-..%v.,-/-,I„,j i,; ,_/-i..!,.,.„( -7 ,/,,,t,,,v,pz,.i 1r,.:/..;.:s;:0, L_i.l sc___y_______,_,,.1 i\;k,,,,r., -0,...„((/,7----,/,.k,\.-.._)- .;:.-,;.._..),„,.,.r,.,..-),k-,-.-.. jl1 '- - N\ (... � -^\ �'� limo \ �)`a` '°� .\_i_T,f ,.., ‘ ‘,,1-,.\.,.\.,,,-,-,1\, -,-_/-__-_--.-,: ,,)•._ ):,...„ ,, ,.. ,,, /...,,...,, - n , ., /1 ii, '•..:,.0',.s, .,-., .. ',,- .• --r_-_—• ; ,,,,, ‘ c 7',..._-•••_;'..--,1----.\'''--2 t \i / i-a------., • \( kl / ii;'- \ ,11):'( (e/." ri; ')''`)'-');,/,1 ,.\. .sc....--;::: ) &y,../1 --, ----'-',111 Cla's .,,i\. \-'\yj ( t )1, 's .4: CCC)\\\ --Cr:\‘. i /' 1 IA -.././U, ,,---(._.-..-_—___)--r<lf, \ri ' \\-----/1 7/ ". ri 1/1 L 0 \--,,___//' / 1- . '•cil,f) c \____,..,) ii 11 i r ‘\6.- - / —� ` , a900 FEET I,. , \\ :./3 ,,„,,,,, • . ,, ''' '‘j r---- " -•N -- - ‘ •n i , \ .) ?ig.„72-1..._° _.„-,,,, (........./,....,;42i''''t.,-:--) .....i ( 7-7- 1 C i r--'. .‘ 0 0 °K-r-r-'-• ; /``1 i ]9 �`;,\_�` . ;� \ �� / ,1\`� �\ \.9/ �I� ,� rcR�. \\ 0 11 • 7 '1'. ••• , _____. __ _ -,:•-. , ____ c) ___ N..,__,' .,• _)._ /pi ...L.---\\ ,.. 'sill W,,\--.....,••J ' ' • r --- , - - - - - -= `' .// '11 1)' '10: .. V, --1__ Quad:Gastonia North,NC A too pO rt Facility Latitude:35°22'14" 'V O 7 A __ - -a 4 . Longitude: 81°08'24" Location Forest Hills Mobile Home Stream Class:WS-W Subbasin: 30835 Estate WTP �- Receiving Stream: UT Hoyle Creek ,North il SCALE t24000 Permit NC0080195 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: 'Fr4 x mn' a r wf' "2 a aE f r J h � f q . ".4.. .. .:mum 0ency 9�� 4F Flow Quarterly Instantaneous Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream&Downstream1 Total Residual Chlorine3 28 ug/I Quarterly Grab Effluent Aluminum Quarterly Grab Effluent Footnotes: 1. Upstream= at least 50 feet upstream from the outfall. Downstream=at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 3. Limit takes effect February 1, 2007. Until the limit takes effect, the permittee shall monitor TRC(with no effluent limit). All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended,33 USC 1251,et. seq. Annual Average "+ The arithmetic mean of all "daily'discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24.hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above,influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling • Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division: The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility,or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0"(or"< [detection level]") shall be considered=1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply - The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. • b. The Clean Water Act provides that any person who violates section 301,302,306,307,308,318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act,is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301,302,306,307,308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301,302,303,306, 307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each•day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate • The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi: permit to any circumstances,is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6✓20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13: Permit Modification.Revocation and Reissuance.or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the •classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up.ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to(or no more than one grade less than) the grade . of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must ➢ Visit the facility at least daily,excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: > Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC > A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. • b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E. 6. (24-hour notice). c. Prohibition of Bypass • (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements .' Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures • The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting • Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements • Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to. NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph,punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry • The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (I)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to • notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DM.. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four I-Iour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or(919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 • NPDES Permit Requirements • Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system,as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter(500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit Requirements • Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in • no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)unless the Division,upon request of the POTW,approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; • g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants,except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6J20/2003 • NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively,revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section C. Pretreatment Programs . Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,Section D,and Section E.5.). 4. Headworks Analysis (1•IWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (NP) &Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users,permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20l2003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct(A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection&Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users,compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit- limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31,except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR/DWQ /Pretreatment Unit 1617 Mail Service Center Raleigh,NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs)in Significant Non-Compliance (SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by.the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 NPDES Permit Requirements • Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records,water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report • The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. • • Version 6/20/2003 ti Pt t SOC PRIORITY PROJECT: Yes No X To: Permits and Engineering Unit Water Quality Section Attention: Mary L. Cabe Date: August 21, 1996 NPDES STAFF REPORT AND RECOMMENDATION County: Gaston Permit No. NC0080195 MRO No. 96-165 PART I - GENERAL INFORMATION 1. Facility and Address: Forest Hills Mobile Home Estate 950 General Hoke Drive Lincolnton, North Carolina 28092 2 . Date of Investigation: 08-20-96 3. Report Prepared By: G. T. Chen 4 . Persons Contacted and Telephone Number: Mr. Dean Lutz, Owner of Property, (704) 735-5140 5. Directions to Site: From the intersection of NC Hwy 27 and Alexis-High Shoals Road (SR 1820) in the Town of Alexis, Gaston County, travel w st SR 1820 approximately 1. 15 miles to the junction with P road (SR 1823) . Turn left (south) onto SR 1823 and travel approximately 2 .05 miles to the junction with Hoyles Creek Road (SR 1827) . Forest Hills Mobile Home Estate is located approximately 0.05 mile south of the junction, on the right (west) side of SR 1823. 6 . Discharge Point(s) . List for all discharge points: Latitude: 35° 22 ' 14" Longitude: 81° 08 ' 24" 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. 8. Topography (relationship to flood plain included) : The site contains gently rolling hills and is not located in a flood plain. 9 . Location of nearest dwelling: Approximately 50 feet. r 10. Receiving stream or affected surface waters: Hoyle Creek a. Classification: WS-IV b. River Basin and Subbasin No. : Catawba and 03-08-33 c. Describe receiving stream features and pertinent downstream uses : Existing discharge is to a wet weather ditch which enters Hoyle Creek. Downstream users are not known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: *MGD (Ultimate Design Capacity) *Intermittent Discharge. b. What is the current permitted capacity of the wastewater treatment facility? Not specified. c. Actual treatment capacity of the current facility (current design capacity) ? 0.00025 MGD. 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: Water filter is used to remove excess iron from well water. f. Please provide a description of proposed wastewater treatment facilities: N/A. g. Possible toxic impacts to surface waters: Chlorine may be present in the discharge. h. Pretreatment Program (POTWs only) : N/A. 2 . Residuals handling and utilization/disposal scheme: N/A. 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. NPDES Permit Staff Report Version 10/92 Page 2 r d. Other disposal/utilization scheme (specify) : N/A. 3. Treatment plant classification (attach completed rating sheet) : Discharging filter backwash water, no rating given. 4 . SIC Code(s) : 6515 Wastewater Code(s) : Primary: 22 Secondary: Main Treatment Unit Code: 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only) ? No. 2 . Special monitoring or limitations (including toxicity) requests: None. 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: N/A. Connection to Regional Sewer System: N/A. Subsurface: N/A. Other Disposal Options : N/A. 5. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? There are no known air quality, groundwater or hazardous materials concerns. 6 . Other Special Items: None. NPDES Permit Staff Report Version 10/92 Page 3 PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the subject Permit be renewed as requested by the applicant. SignatueT Report Preparer DF;)0-44//?:.4.4.,..t.-..Water Qualitygional Supervisor E/2 //, ‘ Date NPDES Permit Staff Report Version 10/92 Page 4 GASTONIA NORTH QUADRANGLE F, �0 NORTH CAROLINA-GASTON CO. 1hM`y�`� 7.5 MINUTE SERIES (TOPOGRAPHIC) 41 o SW/4 GASTONIA 15' QUADRANGLE \‘' 10' ' 485 ' 486 1 360 000 FEET 1 1487 i 488 81.07'30" ' J C, o aD _ . ,---- A/--- Ar. . , :1 , 7 f/ ` '\isic� Oi, / 411\.. 2 0• ''� `', !�. 8 mil ,,SG�ia,e 4 • r, I '-''' /2/, : \ (7 ''-7 .:.71,i 1'-/, 'c'il\f6 ‘ .110 -, ... Li ,f 0 ,;-N___,. _..9--,.: \. ‘v r, i '..tiNi ) , e ,/ . 1 , i., i )1',,. ,,(71 _ 2 i.r, Li c 7r;0.1Xr_ 'yli.:_,\ 1 4..4/' (C(M ' kV.)//'39" .7-j k ‘---/K-L.‘'': i n.-"/ il' ). l'r-\ . --).n :1 C C)\ crc \--1 iti ' \..._---'',----.--C-.........,....1/4.,-`-'4, _,....) C,_ VcOT — ,•; 6015 , .,....) \ ,,..?,,,,,3,7.:„..7...„. i -6) 'Csi\_)--.__.,-. Qi — ......-7 ,..-,/,\,,\ _,_._, d,../32 \----- i . sl) -----? . L --,. ( , ' h ''. ' / 10\\I ' 1 ) ''..,C '/szi'l , '''' _____,, ' -.,\I I -'//" c-''' t,7 t.........."--- ‘‘'.‹ -- t'' '< f(---; \•• -. --------‘, ---N \ c'•: ',--. / '----'-' i' / r---/ -::: \-' � 6` FEET Qi )1 ...-.."-.,...\\.:.„7fyj 3 0) ill - . 4.71\ ' .-\ \i \ ) 2_, \( f).____49.77-;Th --,6 ..._1,,,,,,, /---- ...____...1Ncl°° / _if/i.- . ,/.., ,__ 57. .• -il ) \,.\----", -7.-1*.' ::-44.). • 1," --'' "5/ •ri .----vn,i , ,0_,Ace\--:j c\//‘„,-; /3 j r: .7,:- .1.*j ,4 S .,c)1 . ( rti ks \__, i .-- . -. 1.--\2--2,------------ \N„. r 1 ,,," -N ..._5/ #L s‘'-i 'v t �� "11 ,�4- �� J•�' � .`� . - : \ k j.,._..H, • N —--••••----;,""--\\-..,...,0 0 v jr_..,/, '"... it r / ram, J� �� I. - o � r--% Ci i :�;• \ _!..--ii- i, mil/ / J v L f ��\ \\. /y�j �\ �� 7 .�� •—� ' •w\►--. ..20' 1(\ ii,L....,,..:7-/- i , \.,_, , , .._:, , , 1% 9 %��,,) ' • ' �. 11 y It �� I F 1 ,� 63y l.l� •�..�• I 43909• M \� `� Y ` e '\---‘. . ,___ .,---, .___4 C4? ' State of North Carolina ,/ Department of Environment, Health and Natural Resources 1Division of Water Quality � 4161734!7AAr James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p i H N Fl 1" A. Preston Howard, Jr., P.E., Director 0August 8, 1996 N.C. DEPT. OF \�' j g ENVIRONI+�IENT, HEALTH; \ & NATURAL RESOURCP:S �n � I Mr. C. Dean Lutz AUG 14 1996 • 102 General Hoke Drive Lincolnton,North Carolina 28092 DIVISION OF ENVIRONMENTAL t:ANAGG„if MODRESVD.LE REGIONAL OFFICE Subject: NPDES Renewal Application Permit No. NC0080195 Forest Hill Mobile Home Estate, Inc. Gaston County Dear Mr.Lutz: The Division acknowledges receipt of your NPDES permit application, Short Form , and a check (#1187) for$240 received on August 8, 1996. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. I am by copy of this letter, requesting that our regional Office prepare a Staff Report containing recommendations regarding this discharge. This application has been assigned to me for review. If you have any questions, I can be contacted at (919)733-5083, extension 518. Sincerely, M L. Ca he NPDES Group cc: iitotooregville Regional Offiee/Water Quality Section (with attachments) Permits &Engineering Unit Central Files 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 N.C. DEPT. OF ENVIRONMENT, HEALTH, Staff Review and Evaluation & NATURAL RESOURCES NPDES Wastewater Permit AUG 14 1996 FACILITY INFORMATION Facility Forest Hills Mobile Home Estates NPDES No. NC0080195 DIVISION OF ENVIRONMENTAL `iAIE SEMENT Design Flow(MGD) 0.000250 MOOAESVRIE REGIONAL OFFICE Facility Class 0 STREAM CHARACTERISTICS Stream Name Hoyle Creek Stream Class W S-I V Sub-basin 03-08-35 Drainage Area (mil) 27.2 S7Q10 (cfs) 5.2 W7Q10 (cfs) 10 30Q2(cfs) 11 IWC (%) 0.0075 Proposed Changes Parameters Affected Basis for change(s) Added monitoring and Flow, TSS, SS, pH, Memo from Coleen Sullins for frequencies Turbidity,Iron,TRC filter backwash. Compliance Schedule: N/A Special Condition(s): Keeping nuisance condition clause. Permits&Engineering Comments: Changed Hoyle Creek classification from WS-III to WS-IV. Index #11-129-15-(1), 8/3/92. WLA,3/13/91,is still filed as a proposed discharge and there is no compliance and no DMR data. Request regional comment on whether this is an active discharge or not. Facility has not requested an application renewal yet. Left messages with Mr. Dean Lutz, (704)735-1291,3/12 and 3/18/1996 to send application and$240 renewal fee. He has not contacted me. 5/6 Talked with Mike Parker - Facility permitted since '91. Will check with PWS to see if active. 7/17 This is an active discharge. Sent letter to facility to send in fee and application. 8/8 Received application. iteotto you want to streamline this one or do a stietimeremrE N66 449 Please comment on monitoring, do you think instream is requ' . .r ,,r ,d+` discharge and dilution? Recommend renewal of NPDES permit. Prepared by: - Permit No. NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT, TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Forest Hill Mobile Home Estate, Inc. is hereby authorized to discharge wastewater from a facility located at Forest Hill Mobile Home Estate at the intersection of NCSR 1823&NCSR 1837 Northeast of Dallas Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on July 31,2001. Signed this day DRAFT A.Preston Howard,Jr.,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission • Permit No. NC0080195 SUPPLEMENT TO PERMIT COVER SHEET Forest Hill Mobile Home Estate,Inc. is hereby authorized to: 1. Continue to discharge filter backwash from a facility located at Forest Hill Mobile Home Estate,at the intersection of NCSR 1823 &NCSR 1837, northeast of Dallas, Gaston County, (See Part III of the Permit),and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek which is classified Class WS-IV waters in the Catawba River Basin. 0' 485 486 1 360 000 FEET I 481 488 81°07'30" \,i II 0 0 - i. i L// I6 ein. 4 --''CI--:*/(7)1-23.K70.$ pia .4k1/4 te \ 4ir ce �QQ w ��.‘ (0y; ., I ' I '• K-it, , , r 7 1 c)• 0 7 U \I C... , \ , 0/%- li -- 'uo _,..eta. 7 i-.- _,_ , -,,,,, ;55,- , 700 _.-- ..------..,_,, r (.10 l 4; _ 13 1 4( .&. Cl-' M ei li,r r , 11 -- - ,(a t iiiiri ,..., 0 A. (os •.. \ a,,,...1 f ' _ 0o I' 590000 I I r / 4s= ,� FEET 1 l 4 ) '\ ` '� 0--------------3 . O f % �� 0 i -.kNC',A ) o i l°0 0 1 • �� r `\ 4 �75 X, .. _• / O O in `iiiVVVII/ '0 1 / --- o o l , Q. ? ) ' (. •‘16% \-I J ---.I c 0.- / n 75-kr ciiin 1. - _ z L_.....______„, . --q, i „ ,tig41\\J --). Yro)---14 \ 7°* ----- -',-7----,-- ---) ':::__., ,.: L_____,_.\\ __ _______:,,, 2 , A7 01:7 it _ )_..) tN 1 • 1-, ,1 r7 _ 17) )>*-:-.7-:•:".----0--5T) 1- I 1 .--4‘‘ ‘9-.-2/1 ROAD CLASSIFICATION SCALE 1:24 000 PRIMARY HIGHWAY LIGHT-DUTY ROAD,HARD OR 0 1 MILE HARD SURFACE IMPROVED SURFACE __,= . SECONDARY HIGHWAY 0 7000 FEET HARD SURFACE =NM= UNIMPROVED ROAD == = , 1 0 1 KILOMETER Latitude 35°22'14" Longitude 81°08'24" '°" Map # F14SW Sub-basin 030835 CONTOUR INTERVAL 20 FEET Stream Class WS-IV QUAD LOCATION Forest Hill Mobile Home Park Discharge Class 100% Industrial NC0080195 Receiving Stream Hoyle Creek/Catawba River Gaston County Design Q 250 r;Pn Permit expires 7/31/01 WWTP A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample *Sample Mon. Avg, Daily Max Mon. Avg, Daily Max, Frequency Type Location Flow Quarterly Estimate E Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E Settleable Solids 0.1 m I/I 0.2 m 1/I Quarterly Grab E Turbidity** Quarterly Grab E PH Quarterly Grab E Iron Quarterly Grab E Total Residual Chlorine Quarterly Grab E * Sample Locations: E-Effluent,U-Upstream 50 feet from the discharge, D-Downstream 50 feet from the discharge. ** The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III aunt No NC0080195 $- I nuisance anditions develop at the discharge location soda=must be tarn immediately le'Correct the per. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the pemiittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day, Units (specify) Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avq. Daily Max, Frequency Type Location Flow Total Suspended Solids 30.0 mg/I 45.0 mg/I Settleable Solids 0.1 m I/I 0.2 m I/1 Turbidity a\NC(..7-L 6C-4 **The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. N.C.DEPARTMENT OF ENVIRONMENT,HEALTH,AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT,P.O.BOX 29535,RALEIGH,NC 27626-0535 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE-SHORT FORM C To be filed only by persons engaged in manufacturing and mining Do not attempt to complete this form before reading the accompanying instructions C 00 s,0 / Please print or type 1. Name,address,location,and telephone number of facility producing discharge A. Name Forest Hills Mobile Home Estate B. Mailing address: 1. Streetaddress 950 General Hoke Dr. 2 City Lincolnton 3. State N.C. r.._�, Lincoln s. 7m 28092 C Location: 1 Shee Rhyne Rd. 2. City Dallas 3. County Gaston 4. State N.C. D. Telephone No. (7l)4) 73 5—S 140 Area /— �C '/f3 �� Code 2. SIC ve bla ) 3. Number of employees 1 If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit,proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above,check here and supply the information asked for below. After completing these items,please complete the date,title,and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City-• 4. County 5. State 6. ZIP 5. [Principal product,❑raw material(Check one) 6. Principal process: ;/Ye kJ J fv. ./r.P�di ern �►r�: 7. Maximum amount of principal product produced or raw material consumer per(Check one) Amount 1-99 100-199 200-499 500-999 1000-4999 5000-9999 10,000- 50,000 or Basis 49,999 more (1) (2) (3) (4) (5)j (6) (7) (8) P. Day B. Month C. Year 8. Maximum amount of principal product produced or raw material consumer,reported in item 7,above,is measured in (Check one) A. pounds B. tIts C 0 barrels D. 0 bushels E. 0 square feet F. gallons G. 0 pieces or units H other,specify 9. (a) Check here if discharge occurs all year U,or (b) Check the month(s)discharge occurs: 1. 0January 2. February 3. 0March 4. 0 April 5. 0 May 6 0 June 7. 0 July 8. 0 August 9. 0 September 10. 0 October 11. 0 November 12. 0 December ;_ (c) Check how may days per week: 1. D 1 2. 0 2-3 3 0 4-5 4. 12 :-' 10. Types of waste water discharged to surface waters only(check as applicable). Discharge per operating day ,(,� Flow,gallons per operating day Volume treated discharging y7 cent A. Sanitary,daily averages B. Cooling water,etc. daily average -R •, — D. Maximum per operating day for total discharge(all types) 11. If any of the three types of waste water identified in item 10,either treated or untreated,are discharged to places other than surface waters,check below as applicable. LO A. Municipal sewer system gpd cr' - B. Underground well gp 1 C Septic tank %xi z-,� D. Evaporation lagoon or pond gpd t E. Other,specify gpd 12. Number o arate discharge points: A. B. 02-3 C 04-5 D. 06ormore 14. Name of receiving water or water. J _ 15. Does your discharge contain or is it possible for your discharge to contain one or more of the follo • substances Ltd as a result ofyour operations,activities,or proccs ammonia,cyanide,al • llium, cadmium,chromium,cupi,ei,lead,mercury,nickel,selenium,zinc,phenols,oil and grease,an chlorine(residual).) A. 2Yes B. ONo I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true,complete,and accurate. • (2 i eiPV 2.4T- Printed nAme of Person Signing .t Title " a ils; 1/ / cl rifo Date Appficatiott Signed 'QleP Signature of Applicant f North Carolina General Statute 143-215.6(b)(2)provides✓ that Any person who knowingly makes any false statement representation,or certification in any application,record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies, tampers with,or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall be guilty of a misdemeanor punishable by a fine not to exceed$10,000,or by imprisonment not to exceed six months,or by both. (18 U.S.C.Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5 years,or both,for a similar offense.) OF W ATF9 Michael F.Easley 0 pG Governor William G.Ross,Jr.,Secretary North Carolina Department of Environment and Natural Resources p 'C • Kerr T.Stevens,Director Division of Water Quality DIVISION OF WATER QUALITY July 9, 2001 Mr. Dean Lutz Forest Hills Mobile Home Estate 950 General Hoke Drive Lincolnton, North Carolina 28092 Subject: NPDES Permit No. NC0080195 Forest Hills Mobile Home Estate WTP Gaston County,NC Dear Mr. Lutz: Our records indicate that NPDES Permit No. NC0080195 was issued on June 29, 2001 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5. Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form(DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment /1 unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant NCDENR ustomer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 800 623-7748 FAX (704) 663-6040 July 9, 2001 Page No. 2 operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. • Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation(and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, 'D.23ts-r›A--1 1 D. Rex Gleason, P.E. \Water Quality Regional Supervisor Enclosure DRG:dee AAFORHILNP.LTR • • OF W ATFR Michael F. Easley Governor (,) pC' p R William G. Ross,Jr., Secretary NCNorth Carolina DeNertipprttof O i 9,,e_r end Natural Resources p + AND NATI!: PES`..;URCIVrr T. Stevens, Director MOORS' • - ` OfWM9ion of Water Quality June 29,2001 JUL 0 9 2001 Mr. Dean Lutz Forest Hills Mobile Home Estate 950 General Hoke Drive Lincolnton,North Carolina 28092 WATER i ies Subject:Issuance of NPDES Permit NC0080195 Forest Hills Mobile Home Estate WTP Gaston County Dear Mr. Lutz: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Charles Weaver at telephone number (919) 733-5083,extension 511. Sincerely, Original Signed By David A. Goodrich Kerr T. Stevens cc: Central Files NPDES Unit Point Source Compliance Enforcement Unit N.C.Division of Water Quality/NPDES Unit Phone:(919)733-5083 1617 Mail Service Center,Raleigh,NC 27699-1617 fax:(919)733-0719 Internet:h2o.enr.state.nc.us DENR Customer Service Center. 1 800 623-7748 • Permit NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Forest Hills Mobile Home Estate is hereby authorized to discharge wastewater from a facility located at the Forest Hills Mobile Home Estate WTP Rhyne Road (NCSR 1823) Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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 August 1, 2001. This permit and authorization to discharge shall expire at midnight on February 28, 2005. Signed this day June 29, 2001. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission • Permit NC0080195 SUPPLEMENT TO PERMIT COVER SHEET The Forest Hills Mobile Home Estate is hereby authorized to: 1. Continue to operate a water treatment plant with a discharge of filter-backwash wastewater. This facility is located at the Forest Hills Mobile Home Estate WTP on Rhyne Road (NCSR 1823) near the intersection with NCSR 1837 in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek, classified WS-IV waters in the Catawba River Basin. • • • 31-0730" 486 1 360 000 FEET; .57 '88 ,....e..,, 35'22' (21"3.-, . • (-/,,--s-14.21.., .' 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'‘‘ ''.----.' )yrz.--.... ,,,7* -----'. ,,s'rsk__4‘ CY . .----.N.• jiZ., i f T l- ..:...... • i i \,._.,,t,„„ ( \ C---,'-----, .- 1 // 't: ,, ' '•'i \L---..] . _ \.‘-'1-•• ="..717,11r. •°°------\--"s-j---..:77) ---‘'----'. /. -)-lifit'l • ''''"• \*-‘- ' . i'•\ • • . ---- -- -- 7/...__;--_)-S7-------. :-.:•-. . .°° I ...'; ':II/ '1/a • \'''' ---1._ .\-.. \ _.)'\.41'. , - • '7 : t----- . .-./ 1.- ,.--• s ....._,___-:-.._.-... .** „ , ,",/ .......--, ",-/ ( .7; ) i./../z•Z/"Th--)1 .1 i k iii 11 _.-"i ' `-'.i ' ' \'''s ‘-----"s' . Quad:Gastonia North,NC NC00801 95 A Facility . ::Z.-r-.AV • '-'1''' '.. . AO,„1,',- • -,,- , ,. • . .:,,,,,,,,,,-„,..— -ZIP.•,,,...+7 4, ; Latitude:35'22'14" Longitude:81°08'24" Forest Hills Mobile Home Location Stream Class:WS-W -49- Subbasin:30835 Estate WTP SCALE t2s4000 1 Receiving Stream: UT Hoyle Creek North 1 • Permit NC0080 195 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency Flow Quarterly Instantaneous Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream&Downstream1 Total Residual Chlorine Quarterly Grab Effluent Aluminum Quarterly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I (continued) 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 STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or"the Division" Means the Division of Water Quality,Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended, 33 USC 1251,et. seq. 5. Mass/Day Measurements a. The "monthly average discharge"is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average"in Part I of the permit. 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. Part II Page 2 of 11 6. 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. 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 Part II • Page 3 of 11 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single,continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four(4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 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. Part II Page 4 of 11 • 1. 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. 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. Part II • Page 5 of 11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. 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: (I) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality,State,Federal,or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3)The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part II Page 6 of 11 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 NCAC Chapter 8G .0200. 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,NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50%complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II • Page 7 of 11 4. 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 (I) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The permittee submitted notices as required under Paragraph c.of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 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. Part I1 Page 8 of 11 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 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: NC DENR / Division of Water Quality /Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements 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 I0% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Part II • Page 9 of 11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation,or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. Part II • Page 10 of 11 • 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. 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. Part II • Page 11 of 11 6.b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. PART III • OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter(200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (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 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty(60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. i rsiate of North Carolina Department of Environment, C t I ) t fi Health and Natural Resources • • = g Division of Water Quality r` , ,, ,.. James B. Hunt, Jr., Governor . Jonathan B. Howes, Secretary 1:30 I-11Ni I:1 i.: ,,, A. Preston Howard, Jr., P.E., Director Nr�TZrr �Et�l 't �A r November 18, 1996 SOURCES _ - Mr. C.Dean Lutz NOV I i996 ‘ � 102 General Hoke Drive tlr Lincolnton,North Carolina 28092 siS t aFENTAL �r�` , .11 `� Subject: NPDES Permit Issuance v� Permit No. NC0080195 K Forest Hill Mobile Home Estate,Inc. , Gaston County ... , -.3 Dear Mr.Lutz: x In accordance with your application for discharge permit received on August 8, 1996 by the Division,we 1' are forwarding herewith the subject permit to discharge under the subject state-NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983 and a , as subsequently amended. ' 7 3 If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30)days following receipt of this letter.This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings,Post Office Drawer ffil • 27447,Raleigh,North Carolina 27611-7447. Unless such demand is made,this decision shall be final and binding. ,f Please take notice that this permit is not transferable except after notice to the Division of Water Quality. Part II,E.4. addresses the requirements to be followed in case of change in ownership or control of this < discharge. The Division of Water Quality may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the t, Division of Water Quality or permits required by the Division of Land Resources,the Coastal Area Management , `:' Act or any other Federal or Local governmental permit that may be required. .. If you have any questions concerning this permit,please contact Mary Cabe at telephone number(919) 733-5083,extension 518. Sincerely, ;0- Original Signed By David A. Goodrich , ,- A. Preston Howard, Jr., P. E. g' 4 , cc: Central Files Mr. Roosevelt Childress, EPA Mooresville Regional Office/Water Quality Section Permits&Engineering Unit , ek- Facility Assessment Unit ',I P.O.Box 29535, Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 k An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper 5' ' -91 Permit No. NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Forest Hill Mobile Home Estate, Inc. is hereby authorized to discharge wastewater from a facility located at Forest Hill Mobile Home Estate at the intersection of NCSR 1823&NCSR 1837 Northeast of Dallas Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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. The permit shall become effective January 1, 1997. This permit and the authorization to discharge shall expire at midnight on July 31,2001. Signed this day November 18, 1996. DV`urii'Ur,3 .st`zy j 6 f. r,; k) v t . Cfi;a.,' A.Preston Howard,Jr.,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0080195 SUPPLEMENT TO PERMIT COVER SHEET Forest Hill Mobile Home Estate,Inc. is hereby authorized to: 1. Continue to discharge filter backwash from a facility located at Forest Hill Mobile Home Estate,at the intersection of NCSR 1823 &NCSR 1837,northeast of Dallas,Gaston County, (See Part III of the Permit),and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek which is classified Class WS-IV waters in the Catawba River Basin. <86 1 360 000 FEET i 487 488 81'07'30" 0' }SS r 1 { ! ��� /'�� V \�82Ar �, `J�/�'/��`I 35'22' , '•; (771-71 A. ' 0 /7(10 1 -,\ -- •Ce((,-(! •\'' tvr.----N-')(r.,, , /,f ff �. � s O p \ \ ,*: ; ; j i —.1:.'iN . .i. p,__) \t% * ePt) . ' )7')1 ijr/.7 ( P!),\'‘ 1 / / , i( ,,,-;-. IA\J ,. .> \\ .A....2 ‘,/ \ I (I/ I • :,• 7 7-: / • '''s,'-Z17 /i/...5) '-/ 1 ' 0\ '-. • ?'7;)'„ ‘ 1./ 4V/p?..j U ‘) \ (19d/\\\ I 11\V Lt\''' \ rj 1 .. .- vr-,-,-__ \---- _,, -- 0 i s_l 1---r...„- ri, \ ^ __. , ! � a i � ( (71 „ �• p � / 11' ' � \ ✓ /" \co PP r !•l/ l "�� L �;�, /7::" -_i' / 1J d3913\ , i b' , i,, j1. ) 1:2r • 5)\ • 4\sr „7--sp • \ \ \ 0 -,,,,:-..Nj i 2 . "/,-f- '-- '' ' .,_/ /pL , ""/-45 ,I 1 ;7/.--qhil • ,'-- . - 00 -- 7 i- . \, f,...,,e,_v --,\ ,-,7,,,,,,, L //,,. (0\ r vo ;---- l. , ,\- ,7-i- 1 �- J / `�� f f 590 000 ( \ \\ IDL---:'.:LT \ _� =6- FEET t �"\� 1 '-'-'1 \ / O /-.r ' , r• :=3_.... ._,.__J II \...//", ' •,\).: -z-7- ,./\"), '\,_ C \( ) ra„..-, # 4.' \c) °f°((—)11).1 . • • .'c• \''''' .1 ,11 .• 4 . ........J --1 j• \- gy\,.„ ,, ---- \ z (\...,_. \ .1,.....ta.,/--,--i°7.. \'' . - . .!, '---=--')' ‘ • P. \ ,_,- (Tett\ r ti�-•� , 'I `.^�� _ .._.i , �`y__-,�Th � �' is /r 11\\�i ROAD CLASSIFICATION SCALE 1:24 000 . PRIMARY HIGHWAY UGHT-DUTY ROAD,HARD OR 0 1 MILE HARD SURFACE IMPROVED SURFACE .7 " - 0 7000 FEET SECONDARY HGHWAY ,� HARD SURFACE Ca0 UNIMPROVED ROAD s� 0 1 KILOMETER Latitude 35°22'14" Longitude 81°08'24' t-.; 44 I I Map # F14SW Sub-basin 030835 CONTOUR INTERVAL 20 FEET Stream Class WS-IV QUAD LOCATION Forest Hill Mobile Home Paris Discharge Class 100% Industrial NC0080195 Receiving Stream Hoyle Creek/Catawba River % Gaston County Design © . l'- 2-- Permit expires 7/31/01 WWTP r _ � A. ().EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample *Sample Mon. Avg, Daily Max Mon. Avg, Daily Max. Frequency Type Location Flow Quarterly Estimate E .Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E Settleable Solids 0.1 m i/I 0.2 m l/I Quarterly Grab E ,: Turbidity** Quarterly Grab U, D PH Quarterly Grab E iron Quarterly Grab E Total Residual Chlorine Quarterly Grab E * Sample Locations:E-Effluent,U-Upstream 50 feet from the discharge, D-Downstream 50 feet from the discharge. ** The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. 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 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or"the Division" Means the Division of Water Quality, Department of Environment,Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act, as amended,33 USC 1251,et.seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore,an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday-Saturday)on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as 'Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as"Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week(arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum"under"Other Limits"in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by 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). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part 11 Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11.Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12.Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. SECTION B. GENERAL CONDITIONS 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. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$125,000. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II,C-4)and "Power Failures" (Part 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. beverability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. Part II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq. 11. Signatory Requirements All applications, reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million(in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3)The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification.Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A,Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. PartII Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c.and d.of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice,if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II,E.6.of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C)The permittee submitted notices as required under Paragraph c.of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. PartII Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs,or other relevant evidence that (1)An upset occurred and that the permittee can identify the cause(s)of the upset; (2) The permittee facility was at the time being properly operated; and (3)The permittee submitted notice of the upset as required in Part II,E.6. (b)(B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified,or revoked and reissued,to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge(when promulgated)within the time provided in the regulation,even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than+ 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g),33 USC 1314,of the Federal Water Pollution Control Act,as Amended,and Regulation 40 CFR 136;or in the case of sludge use or disposal,approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as maybe required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; 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. PartII Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part 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. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2)Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b.above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. • Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than$10,000 per violation, or by imprisonment for not more than two years per violation,or by both. • PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall,upon written notice from the Director of the Division of Water Quality,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1)One hundred micrograms per liter(100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter(500 ug/1)for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and one milligram per liter(1 mg/1)for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1)Five hundred micrograms per liter(500 ug/1); (2)One milligram per liter(1 mg/1)for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty(60)days of notification by the Division. r PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. • State of North Carolina Department of Environment, Health and Natural Resources 1 • • Mooresville Regional Office ItucT A James B. Hunt, Jr., Governor p E H N i Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY • November 19, 1996 Mr. C. Dean Lutz 102 General Hoke Drive Lincolnton, North Carolina 28092 Subject: NPDES Permit No. NC0080195 Forest Hill Mobile Home Estate, Inc. Gaston County, NC Dear Mr. Lutz : Our records indicate that NPDES Permit No. NC0080195 was issued on November 18, 1996 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4 . Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation) , you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1) , plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s) . 919 North Main Street, FAX FAX 704 663 6040 Mooresville,North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 eMn2==MM 50%recycled/10%post-consumer paper //lir Mr. Dean Lutz November 19, 1996 Page Two The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215. 6 of the North Carolina General Statutes. A civil penalty of up to $10, 000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded or transferred to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, ' 12gfil:da 441111"7‘)/D. Rex Gleason, . Water Quality Regional Supervisor Enclosure DRG:ls ( ) Permit No. NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Forest Hill Mobile Home Estate, Inc. is hereby authorized to discharge wastewater from a facility located at Forest Hill Mobile Home Estate at the intersection of NCSR 1823 &NCSR 1837 Northeast of Dallas Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek 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. (")The permit shall become effective { � • This permit and the authorization to discharge shall expire at midnight on my 31,2001. Signed this day DRAFT A.Preston Howard,Jr.,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0080195 SUPPLEMENT TO PERMIT COVER SHEET Forest Hill Mobile Home Estate, Inc. is hereby authorized to: 1. Continue to discharge filter backwash from a facility located at Forest Hill Mobile Home Estate, at the intersection of NCSR 1823 &NCSR 1837, northeast of Dallas,Gaston County, (See Part III of the Permit),and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek which is classified Class WS-IV waters in the Catawba River Basin. '88 81'07'30" 0' A8' 486 1 360 000 FEET '87 (../ 8 • - . i 35 22 ) '':\j.::Inii 4,f,.. ', s'l '\, • --b-Ccy ') ,,,---, '''•- --,7+r, el,_,, % li•-,',. ''‘ 1 ----? L__, '> ‘:.; C .L i'' : r,../'1M . :::. ."'/ -'f :' /' 1 d°‘ if ' \ \ ' :f ':::. 1' r \\ 5 • r• • , !,, .•7 r/ In i `/ ; � /; � � ` nI , / \ , ; , , / r _;; c�,�,6 )1: / i' 7., ,, , „ ,iv ` ]93— , �,1 / / fi ��� i \ \ ,, � 1 ., ,, ....., •..... ..../ � I-•7 , / N \ ��' /ems/�V" '\\` ' \� �� j - -ES' 1 -FF.cti ... ^ , ter\ .,`` '_ -- \ ...\✓ ` -----1�--.A 1' \ �-�-''/-1 - qI ,-----:.: -`\.\-.2'::: ,, , .../ , -. --..7 7 \...// '` - �' (//7::?' 1 ). 5ooj�a :tib FEET ,/.,;,;/...../..i,/,.%\L-..., ..„ ' / ! - -- �� 1'0 1 v 100 i v .y �1' ; �� I I i `/ '-1;‹i .,; Co 0 ter: ''.•:'_- / N.: / ,', C..)'--. \e'..1.--4-:,,,^"..----::‘? \.1 1,1'1'; S _.-''.N.,..,:: Q.1.)( -3‘11 . __ , .....,.,Th_v_..,--- _ ; _____:_::-------z\_77./_,:--- --,z,3, -..,- //1!:,‘,c- )r- _--).1:\N / \ .' , - N .7,,,--.._____ ___-_-: t..(7,77 D. /%...„../...____)/,..- _-=-_- _,,,, ! ._: Ti://,),„7.,,,c1.,,, ,, ,\:\ ...-,, L--;_.\;) ) -\\--\' i • _, — t (/ . __ ....,- / _____;:s., , .,.. --___,..,\ , , ....." , ,,,,, . , ROAD CLASSIFICATION SCALE 1:24 000 PRMUGHT•DUTY ROAD HARD OR 0 1 MILE t*.X)F^'.FACHiGH AY IMPROVED SURFACE 11111111111111111. - HARD SJRF A'.,E .w�+.r....r+... 0 7000 FEET rMAx JAszy ACE HWAY UNIMPROVED ROAD = = = I F : I , 'M II: .73 E -A 1 0 1 KILOMETER Latitude 35°22'14" Longitude 81°08'24' E- 72 1F=--'4 I I Map # F14SW Sub-basin 030835 CONTOUR INTERVAL 20 FEET Stream Class WS-IV QUAD LOCATION Forest Hill Mobile Home Park Discharge Class 100% Industrial NC0080195 Receiving Stream Hoyle Creek /Catawba River % Gaston County • Design CD _ Permit expires 7/31/01 WWTP A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristicx Discharge Limitations Monitoring Requirements Measurement Sample ' Sample Monthly. Avg, Daily Max. Frequency TYDO Location Flow Quarterly Estimate E Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E Settleable Solids 0.1 m I/1 0.2 m 1/I Quarterly Grab E Turbidity" Quarterly Grab U, D Total Residual Chlorine Quarterly Grab E Iron Quarterly Grab E * Sample locations: E-Effluent,U-Upstream 50 feet from discharge,D-Downstream 50 feet from discharge. * * The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. ppv Part III ermit No. NC0080195 E. If nuisance conditions develop at the discharge location actions must be taken immediately to correct the problem. Permit No. NC0080195 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES N. C. DEPT. OF NATURAL DIVISION OF ENVIRONMENTAL MANAGEMENT REEPT=:O AND COMIZUN; • :(VAUNT PERMIT TO DISCHARGE WASTEWATER UNDER THE KIX 3 1 1991 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM, yIsiGN MANAGEMENT MOORESVILLE RECI NAL OFFICE 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, Forest Hill Mobil Home Estate, Inc. is hereby authorized to discharge wastewater from wfacility located at Forest Hill Mobile Home Estate at the intersection of NCSR 1823 &NCSR 1837 northeast of Dallas Lincoln County to receiving waters designated as an unnamed tributary to Hoyle Creek in the Catawba River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on July 31, 1996 Signed this day • George T.Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0080195 SUPPLEMENT TO PERMIT COVER SHEET Forest Hill Mobil Home Estate, Inc. is hereby authorized to: 1. Continue to discharge filter bachwash from a facility located at Forest Hill Mobile Home Estate,at the intersection of NCSR 1823 & NCSR 1837, northeast of Dallas, Inifterrin County (See Part III of this Permit), and 6u4 J-0 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek which is classified Class WS-III waters in the Catawba River Basin. • IllGASTONIA 43 NORTH (QUADRANGLE NORTH � I CAROLINA—GASTON CO. "� 7.5 MINUTE SERIES ,5u 5�\) SW/4 GASTONIA IS• QUAOPOGRAPHIC) 4jc ; 1 '86 1360000 FEET i \,0 r C''''N%., 0 ( ( '87 / 48 81°07'30" 35°22'30„ ) • 0 0 N ') ; ... - -- - ''' /n - IBi6' \\ .' �/ ;: :/ s \' ' ' �14 /�`• g K7 C 5 G`,o�,v�t� s7. c !_, 'tip ; p ( G�• Ili , /i.�\\ ' ,`1 `� \,\ I / a' \, / �O 1•Y'� ey----7, ., ,. ,, .. ,. .-i__,,,,.. ,, ,, oicl /, , .\ ., „_, ,7_ ((-_-_,(-7. . .-,.,:,--.,,,: iii >:_,L- 6?,7_---, ,-/ : i 11( 7 // i;,,,0(-7(4 '\'`'-st\ i- . '1 ° ''''\) `4---/ /....1 '1i ,r'.04:\,),,,7.,' ...-:7; b i( ) . ;;;;9/1$s--t..-_i., i (c.....,- . .. I. ----," . ,e. (- \,./( --,,,,, ..(i ‘ r_.__ ....;-T.,, • ,i 7 Qei� ._/ �' I/i r _ ,\jam'' \I - 1\\ \�\ I i `.(li: /3913 1 //�' te , `�\�..} .�t ) <-\It I. : r• ' . ---\:, c. -1 -,-_____-.:;,"' ,_\\,‘', z--- ) / -7'. q GJ / 1 ��` . / %1 _� rr /� ..i _.- it •• J ItJ � • _ \ • �001. f I / d�� � is �r jii �:� _ \ '✓ = c FEE, •/ 1 \\ 1111// 7• 1___::-.L.:-.7:1„. -.-------., ' :, ' ) . 3. \-:'—'(::::: C) � /�/ %� �: ... :\ It \' / - i. "•,e ms :- - ,r•f\ C ) )) r� _ r l • t11 •▪ /- •� • i)'• i 1 i I , i BM � /! 665 'l `� A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day, Units (specify) Measurement Sample *Sample Mon. Avg, Daily Max Mon. Avg, Daily Max. Frequency Type Location Flow Total Suspended Solids 30.0 mg/I 45.0 mg/I Settleable Solids 0.1 m I/I 0.2 m I/I Turbidity **The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. PFPV' Part III Permit No. NC0080195 D. If nuisance conditions develope at the discharge location actions must be taken immediately to correct the problem. • • 417:1d� 0 I DEPT, pF 1VATL'RA J r�.yilelf�` o l rtt:SO ttcrs , L COMMCIJI 't Y 1 N ll State of North Carolina tENT `'�� - 3 1991 Department of Environment, Health and Natural Reso>�j s of EuJ10-Na+Egi, Division of Environmental Management MOORES!� 1 �ARAGEMENj 512 North Salisbury Street•Raleigh,North Carolina 27611 Illf RE&W,yl( OFFICE James G.Martin,Governor George T.Everett,Ph.D William W.Cobey,Jr.,Secretary Director August 30, 1991 C. Dean Lutz 102 General Hoke Drive Lincolnton, NC 28092 Subject: Permit No. NC0080195 Forest Hill Mobile Home Estate, Inc. Gaston County Dear Mr.Lutz: In accordance with your application for discharge permit received on February 6, 1991, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original Signed By Donald Safrit for George T. Everett cc: Mr. Jim Patrick,EPA Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer • Permit No. NC0080195Cn:.gU11'7Y STATE OF NORTH CAROLINA ir DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCSDEpT DIVISION OF ENVIRONMENTAL MANAGEMENT 'Zr. oI_„• c CI NC RAl. Dl VLLOPMZ, PERMIT TO DISCHARGE WASTEWATER UNDER THE ` - - 3 199i NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMISI"N OF r,oiai;,rRr„t M yas ORESVIUE RE;;Ii,1l,L OffICEME Ell 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, Forest Hill Mobil Home Estate, Inc. is hereby authorized to discharge wastewater from a facility located at Forest Hill Mobil Home Estate at the intersection of NCSR 1823 &NCSR 1837 northeast of Dallas Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek in the Catawba River Basin in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts I. II, and III hereof. This permit shall become effective August 30, 1991 This permit and the authorization to discharge shall expire at midnight on July 31, 1996 Signed this day August 30, 1991 Original Signed By Donald Safrit for George T. Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission 1 ' Permit No. NC0080195 SUPPLEMENT TO PERMIT COVER SHEET Forest Hill Mobil Home Estate, Inc. is hereby authorized to: 1. Continue to discharge filter bachwash from a facility located at Forest Hill Mobil Home Estate, at the intersection of NCSR 1823 &NCSR 1837, northeast of Dallas, Gaston County (See Part III of this Permit), and Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek which is classified Class WS-III waters in the Catawba River Basin. r. ci) • -..1EimpicFE:GL=GiCP=ZWEgbi ‘,6‘,,i: GASTONIA NORTH QUADRANGLE i ' NORTH CAROLINA— a� �� I 7.5 MINUTE SERIES GASTON CO. e°�sl\� (TOPOGRAPHIC) �'�� 1. '86 1 360 SW/4 CASTONIA 15' QUADRANGLE �O 1 DOO FEET( '87 _ '� 81°07'30" • .• ,.2.\' I .%% 0„ 9; ,I:_ , --..`.. _ .••-.,,. •-• - ,-------"j,„.3i - r.-..-... .') ; ;,/.'' ---:_-_:...'.--:' i �. J b�SG�o�rv�c it;'a(�(� 1 1 a _\., •.. _ �✓ -., ...„,767.• • .� L (\ /� ) 1 i\ • r i k j ( ----; . -, (7,--.:_,,, -iti' /!(-- (Z /0 �// .\--- III/�-� ..��' :i y �- spot_. 'I : i ...! II\ t i iiioc-----7, . \\..... , .1 \-: ));-%--- /." )i ,f-o-\ ‘'-,c'a .--:, 4II 1 (1 .0 n?.-_____ ( .._,,, ,-,." .., ,:-.,----;,) 1„..::. :-.).0 i__/,..•. .__.,„).i;r, ...- .----, (, il i .;.;',.?_,(--J) !-,11/1 1%.-----7_,,,,•-• •r`,...:_-_-:•------/- .1 (( • . 5!0- -. 1 '.•-_ ---: ' !-/ .. ) -Ns. 1 --',,,i; i.,(c-j*, ri.._....,(--- -. .., , „ (a..•:.: . 3913 , ) v --•------,,, ? ,,..- •••• •(...,_>___ i... •/2 ..-- 1 1 o S. ., ‘1.:,.../r: „.........:--i-7.. , .. "1,-<y:?::::::::,...r. ‘1.,-("-' ......i--,, ,..1 1 i ( ;...::. '''_: -. 1.:\L:• 590 000 - : \-2 "<j)\ .) . ,1.1.-:-1 -------7(j-- (. "-- (\4 ft.-, •--, ,-.. (------_,, ,. . /, „,..... ,_ .......„:„. b.,,-...,,, -,-_,.........„ s..-/J -., L.•,...- ,, ,. .. ••.,..-- , ,.-, t -• .. ,,,,. , --7.,.. ,. (-- � ^� / „� _� \ �./ ;s.? s��.�d ies FEET \n P e-) L:.) ...•7`-•,.., -. '-` '.7.--- ' V\---/)<; )\--",-_, ) ( n • ,.,,,,.....___..... . ...,:,,,,.._,- ,_ ,_ , hi,---7.----:=,-,.. . . —_. ) ,-- , , . , •\( , ,\,..• ,... ....___ .. ....----- • . ., ‘.......„ ---i •.• -,•v P — p -'--7••- i. < fit} ,'. ��' i ;% --- ^Th , , i .111 1 - ar -- i -_ I . II i . 7R; %.gmInWllty- .: . ,:fl' (u"_. -- t�. 1 A. ().EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day, Units (specify) Measurement Sample *Sample Mon. Avg, Daily Max Mon. Avg. Daily Max. Frequency Type Location Flow Total Suspended Solids 30.0 mg/I 45.0 mg/I Settleable Solids . 0.1 m 1/I 0.2 m I/I Turbidity * * * * **The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A 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. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday- Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. Part II Page 2 of 14 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. 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 Units" 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 Units" 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 Units" 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. 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. Part II Page 3 of 14 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. 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. 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. Part II Page 4 of 14 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 (I). 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)(l) 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, 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. I Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] Part II Page 5 of 14 c. Under state law, a daily 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 § 143-215.6 (a)1 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge 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. Part II Page 6 of 14 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 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 discharge that has not requested renewal at least 180 days prior to expiration, or any discharge 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 Part II Page 7 of 14 equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, 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 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, 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. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. 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. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 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: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) 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. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the 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 A l"1'ENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq,the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. 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. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, 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). 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part II Page 13 of 14 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). 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, 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. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B)Any upset which exceeds any effluent limitation in the permit. (C)Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. Part II Page 14 of 14 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/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. Part HE Permit No. NC0080195 D. If nuisance conditions develope at the discharge location actions must be taken immediately to correct the problem. 4 s t 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. 1- k To: Permits and Engineering Unit Water Quality Section Date: March 13 , 1991 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No. :: NCa080195 MRO No. 91-30 PART I - GENERAL INFORMATION 1. Facility and Address: Forest Hill Mobile Home Estate CFO 102 General Hoke Drive Lincolnton, North Carolina 28092 2. Date of Investigation: March 8 , 1991 3 . Report Prepared By: Allen Hardy, Environmental Engineer I 4. Person Contacted and Telephone Number: Gary Maleck, Water Equipment Corporation; 704/527-8686 5. Directions to Site: From the Town of Stanley travel west on Mauney Hill Road (S. R. 1823 ) to the intersection of Hoyles Creek Road (S. R. 1837 ) . The site is on the left just prior to this intersection. 6 . Discharge Point(s) , List for all discharge Points: - Latitude: 35° 22 ' 14" Longitude: 81° 08 ' 24" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No. : F 14 SW l7/'�S/r72,�� N0-, � , /�/�- 7 . Size ( land available for expansion and upgrading) : The land available for expansion and upgrading appeared to be limited. 8. Topography (relationship to flood plain included) : The site contained gently rolling hills and was not located near a flood plain. 9 . Location of Nearest Dwelling: The nearest dwelling was approximately 50 feet from the proposed discharge location. 10. Receiving Stream or Affected Surface Waters: a. Classification: WS-III b. River Basin and Subbasin No. : Catawba; 03-08-33 Page Two c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a dry ditch which funneled into a road culvert and then formed into a larger ditch covered with heavy vegetation and undergrowth. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% Industrial a. Volume of Wastewater: 250 gals/day (Design Capacity) b. Types and quantities of industrial wastewater: The wastewater will be produced from the backwashing of a filter used to remove iron from potable drinking water. The backwashing will occur at most 2-3 times a week and typically twice a week. c. Prevalent toxic constituents in wastewater: The only constituent that may be toxic is iron (Fe) . The need for the filters was due to high concentrations of iron in the water. d. Pretreatment Program (POTWs only) : N/A 2 . Production Rates (industrial discharges only) in Pounds: N/A 3 . Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment ( specify whether proposed or existing) : There is no formal treatment prior to discharge. 5. Sludge Handling and Disposal Scheme: N/A 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet) . N/A 7. SIC Code(s) : 6515 Wastewater Code(s) : Primary: 22 Secondary: PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only) ? No 2. Special monitoring requests: No 3 . Additional effluent limits requests: No Page Three 4 . Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? No air quality or groundwater concerns are expected nor is hazardous waste utilized at this facility. 5. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Forest Hill Mobile Home Estate, Inc. , is proposing to discharge backwash water from a filter used to remove iron from a potable water supply well. The backwash will occur on an average of two ( 2) times a week at 250 gals/backwash. There did not appear to be any problems with the proposed discharge or its location provided that a nuisance problem does not develop. The permit should include a clause stating that if nuisance conditions develop then actions should be immediately taken. to correct the problem. It is recommended that the permit be issued to include any monitoring deemed necessary upon review and approval by the Permits and Engineering Unit and the Groundwater Section. , 14-c 91 Signature of Report Pre rer Date C) / �-^'� 3//'�fl Water Quali Regional Supervisor Date • :"4"1"111117";;;;;,•-•.-----,..--- —1'- izgilLFEL:E=41444; 41;t414 s v ---- - GASTONIA NORTH QUADRANGLE ECAROLINA-GASTON CO. SERIES (TOPOGRAPH8lIC.0)7,30,, ° 7.5NOm i i 1 I CASTONIA 15' QUADRANGLE i / 1 RINTsflUwT/4 . 1.186 1 360 00.0 FEET1 i j ' 1 — 35°1/42\2'30" frig! . 487 • ' ' ' ,--,- - )°1-' 1 \) ., . , . 0 , _ - . s. 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OF sun NATOg� 1111111117/ CO; \D ..OPMENT State of North Carolina o�ulsi° • Department of Environment, Health, and Natural R �,�`CEMENT Division of Environmental Management `LE `i���1�+� OFFICE 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.Martin,Governor ( George T.Everett,Ph.D. William W.Cobey,Jr.,Secretary Director S 2 7— 'c? U a Cep— fit. CA S 2/13/91 Mr. C. Deal Lutz Forest Hill Mobil Home Estate, Inc. Subject : NPDES Permit Application 102 General Hoke Drive NPDES Permit No.NC0080195 Lincolnton, NC 28092 Forest Hill Mobil Home Estate Dear Lutz : -= (J-ehs�o✓t County This is to acknowledge receipt of the following documents on February 13, 1991: q Application Form _ Engineering Proposal (for proposed control facilities) , Request for permit renewal, '_Application Processing Fee of $400.00, q Other Blueprint of site. , The items checked below are needed before review can begin : Application Form - Engineering proposal (see attachment) , - Application Processing Fee of - Delegation of Authority (see attached) - Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will returned to you and may be resubmitted when complete . This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application . I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this applications, please contact the review person listed above . Sincerely, ��j �' e/ ,�/l CC: Mooresville Regional Office M. Dale Overcazc'* Pollution Prevention Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES • RONMENTAL MANAGEMENT COMMISSION TIONAL•POLLUTANT DISCHARGE ELIMINATION SYSTEM _ I APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE •-—SHORT"FORM C`' FOR d-I o a 1 o q AGENCY USE DATE RECEIVED To be filed only by persons engaged in manufacturing and mining �?1 1 1 01 z I DI( YEAR MO. DAY ci• • 43 Do not attempt to complete this form before reading accompanying instructions ,.,1(y00•G0 Please print or type _Sfj • 1. Name, address, location, and telephone number of facility producing discharge A. Name _FG•Ir ` -err"%\cli \ t\ 0 w. c B. Mailing address ` 1. Street address /O2 C�-C�1v�c��-� \ \c\Z 2. City L ..v`c 3. State N_Cr . 4. County 5. ZIP 2$09Z C. Location: M �v 1. Street 1 ' . o , v•.C . 1 - 2. City Qo.\\c>_c 3. County .etb, 4. State N . D. Telephone No. ?OS( yr(4)-6S/O3 -� Area Code 2. SIC (Leave blank) 3. Number of employees E. If all your waste is discharged into a publicly owned waste treatment and to the best of your knowledge you are not required to obtain a discharge permit. proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here a and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State \\ 6. ZIP`` 5. ,Principal product, Draw material (Check one) 1 -VN)c S tJ cp�c.\\le- ' _ oA-t="e '6. Principal process �� \�-v-c�"�nv� c� SQ\� � hr- 7. Maximum amount of principal product produced or raw material consumed per (Check one) Amount Basis 1-99 100-199 200-499 500-999 1000- 5000- 10,000- 50,000 4999 9999 49,999 or more (1) (2) (3) (4) (5) (6) (7) (8) • A. Day U. Month C. Year PREVIOUS EDITION MAY Pr USE I) UNTIL. SUPPLY IS E.XIIAUST LU H. Max Ham •nmuuyit. of print.1paI prinks( I. ',r'o,lurell or rnw maier1aI rnn•.unr•d, rryoiI .iI 1n Item /, above, Is measured In ((heck one): A.o pounds 8.0 tons C.o barrels 0.0 bushels E.0 square feet F.Xgallons G.0 pieces or units H.0 other. specify • '14414‘ 9. (a) Check here if discharge occurs all year X, or (b) Check the month(s) discharge occurs: l.o January 2.0 February 3.0 March 4.o Apri 1 5.0 May 6.0 June 1.0 Ju ly 8.0 Augus t 9.0 September 10.0 0ctoher 11.o November 12.0 December (c) Check how many days per week: 1.01 24(2-3 3.0 4-5 4.0 6-7 10. Types of waste water discharged to surface waters only (check as applicable) • Volume treated before Flow, gallons per operating day discharging (percent) Discharge per - operating day 0.1-999 1000-4999 5000-9999 10,000- 50,000- None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary, daily average B. Cooling water, etc. " daily average C. Process water. daily average 0. Maximum per operat- ing day for total discharge (all types) 11. If any of the three types of waste identified in item 10,either treated or untreated, are discharged to places other than surface waters, check below as applicable. 1`) ' Average flow. gallons per operating day • Waste water is - - discharged to: 0.1-999 1000-4999 5000-9999 10.000-49,999 50.000 or more (1) (2) (3) (4) (5) A. Municipal sewer system B. Underground well C. Septic tank D. Evaporation lagoon or pond E. Other, specify 12. Number of separate discharge points: A.Xl B.0 2-3 C`.`0 4-5 0.0 6 or more 13. Name of receiving water or waters 1)v. As c. \_- \2N \\nr-c Lrc--e.\� 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel , selenium, zinc, phenols, oil and • . grease, and chlorine (residual). A.Oyes B.0 no I certify tha I am familiar with the information contained in the application and that to ti- , :st of my knowledge and belief such information is rue, complete, and accur. •. 4 E 'L WES Printed Nam• of Pr so gg Title()C�Ii11,1741E1 J Date Applicat :n Si ned Signature 0 .Applicant 4orth Carolina General Statute 143-215.6(b) (2) provides,.-that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, )r other document files or required to be maintained under Article 21 or regulations of the nvironmental Management Commission implementing that Article, or who falsifies, tampers with, )r knowly renders inaccurate any recording or monitoring device or method required to be )perated or maintained under Article 21 or regulations of the Environmental Management Commiss Lmplementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to excec8 .10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 prov + punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both North Carolina Department of Environment.Health,and Natural Rinouran Division of Envtrontnental Health,Public Water Supply Secnon ADDRESS INFORMATION Date Form Completed O AND MMD D T Y OPERATOR INFORMATION 6 ° �` 9 "'' w LOCATION: County: 3 6 EHNR Region: Comments 0.__ Description/directions Address(Actual street address—No P.O. Boxes) City State Zip N C - RESPONSIBLE PERSON: Comments Name FoErsr kI LL MHP LJ Address 4%a55' C Q 9 5-0 G E NV gie 4 t- K o - )I v Ohl/ Address(additional line if needed) City State Zip G � NC oL WIT oAt/ '4 '8o9 . - Work Phone Home Phone - Do ? 3 5'1sf1 q , OWNER: New Owner_1(L(Y,N) If yes,give date assumed ownership: M M D D Y Y Comments Type: '7 1=Fed Govt 3=State Govt 5=Mixed Public/Private 7=Homeowners Assoc Name 2=Private Local Govt 6=Non-Profit Assoc 8=Sanitary District 9=Other 17nit' 4s L a v Address Address(additional line if needed) • City State Zip Work Phone Home Phone DEHNR 3802(Revised 12/93) Public Water Supply Section(Review 12/96) Pages - .� County: Gasps•� s North Carolina Department of Environment,Health,and Natural Resources Division of Environmental Health,Public Water Supply Section ACTION REPORT OF Date Form Completed M=� CONTACT/INSPECTION OF PWS o a q 6 R=Reactivate D=DeaC°vat` System Name 'ti F0tr51- ft 1t L. fip _ a. /� w 5 Reported/Inspected by: i r l a U. 'tt 'I l 4/I.i 5 vl Activity Deactivation Date Deactivation Reason TA=Active MMDDY v A=Abandoned/Discontinued O=Other 1=Inactive D=Dupliated w/another ID U=Unqualified M=Merged Type Explain: C=Comm N=Non-C P=NTNC A=Adj Non on-site contacts: /` F e_l ehone Date of Contact: 0 a 0 a q Correspondence Reason(s):X appropriate reason(s) (Only physical on-site contacts will be keyed.) Oth er ❑=Sanitary Survey/Inspection ❑=Regularly Scheduled ❑=Training ❑=Sample Collection ❑=Laboratory Certification ❑=Technical Assistance(non-specified) ❑=Emergency Assistance ❑=Variance/Exemption/Other Compliance Schedule Related ❑ Engineering Determination/Advice =Other ❑=Investigation(Complaint,Violation,etc.) /7f7Q ❑=Laboratory Inspection I't°l S �'` 1 e ❑=Informal System Inspection ❑=Permit(Qualification,Review,Compliance) • Person Contacted: ('/II Comments/Recommendations: '4/e recx Chia-ye cee 4 Px71--Paie DEHNR 3800(Revised 12/93) Public Water Supply Section(Review 12/96) Permit No. NC0080195 STATE OF NORTH CAROLINAIlk C. DEPT. OF N t•ruoA� DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOD ""` c A ,, DIVISION OF ENVIRONMENTAL MANAGEMENT ':'""'� PERMIT JUL 1 0 j991 TO DISCHARGE WASTEWATER UNDER THE DIVISION OF Eki;; ;y V ..,i .. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMWDQRESVII(E frf&iu;iA( OFFi 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, Forest Hill Mobil Home Estate, Inc. is hereby authorized to discharge wastewater from a facility located at Forest Hill Mobil Home Estate at the intersection of NCSR 1823 &NCSR 1837 northeast of Dallas Gaston County to receiving waters designated as an unnamed tributary to Hoyle Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on July 31, 1996 Signed this day DiVi F I George T. Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission Iy Permit No. NC0080195 SUPPLEMENT TO PERMIT COVER SHEET Forest Hill Mobil Home Estate, Inc. is hereby authorized to: 1 . Continue to discharge filter bachwash from a facility located at Forest Hill Mobil Home Estate, at the intersection of NCSR 1823 & NCSR 1837, northeast of Dallas, Gaston County (See Part III of this Permit), and Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Hoyle Creek which is classified Class WS-III waters in the Catawba River Basin. ------_-. 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( • ' • : • •..-. . V ...." .1 ' V r • ... - I: 1 ,in c-,• .I1 ' 1, • . • • . "?' • ., . . .5\ , •0 , ' • . . C.,- . ....-- • • • • . , ..... •. . . , i• :-• •- ! 1. - : • :, '-: • ' :1 ..' -"-,/ ) '--s '- 4 Ikz ' ' ' - -' " --4. ---.' '20' . f i 1 1 -100,--" .........----* ,-- .. • . 1• . - ' ---:7.-1-...1 :_•-_- .i. . -. . s,• c'. 1 --. .. :-. .665 . • ); i,.; _1,-.-.-----.. 1 . ; • .._ 4 - _ .. . 0, . , •-•••11,,, . -. ,,,-, * : . . . illi -'------- ,/ : s----% 'II L'' •. , ill' ....1., . t. 1 '•..%, '`---., A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080195 During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day. Units (specifvl Measurement Sample *Sample Mon, Avg. Daily Max Mon. Avg, Daily Max. Frequency Type Location Flow Total Suspended Solids 30.0 mg/I 45.0 mg/I Settleable Solids 0.1 m I/I 0.2 m I/I Turbidity * * * * **The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. • There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0080195 D. If nuisance conditions develope at the discharge location actions must be taken immediately to correct the problem.