HomeMy WebLinkAboutNCG590006_Regional Office Historical File Pre 2018 (6) PAT MCCRORY
Governor
DONALD R.VAN DER VAART
Secretary
Water Resources S.JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
RECEIVED/NCDENR/DWR
July 18, 2016 9 2 01 E
CERTIFIED MAIL 7009 2250 0000 8087 1115 INOROS
RETURN RECEIPT REQUESTED MOORESV!LLE REGIONAL OFFICE
Mr.Thomas J Roberts, President
Aqua North Carolina, Inc.
202 Mackenan Ct
Cary,NC, 27511
Subject: Notice of Violation NOV-2016-PC-0257
Failure to Register& Submit Electronic Discharge Monitoring Reports(eDMRs)
Maplecrest WTP
NPDES Permit NCG590006
Gaston County
Dear Mr.Roberts:
Per the terms of your NPDES permit,you were required to register for, and begin using,the eDMR system
by 5/24/2016. Our records indicate that as of the date of this letter,the subject facility is not registered and
not submitting data electronically.
Failure to register and begin submitting reports electronically is a violation of the terms of your permit,
subjecting you to a possible assessment of civil penalties. In order to reduce the risk of receiving additional
enforcement action, you must complete your registration and submit your July 2016 DMR electronically on
or before August 31,2016.
The Division has prepared a website devoted to all aspects of eDMR, including registration for its use,
obtaining an eDMR user account, and answers to frequently asked questions. You are encouraged to visit the
website at: http://deq.nc.gov/about/divisions/water-resources/edmr. Should you have further questions
regarding eDMR after reviewing the website's content,or have need of further assistance,you should contact
Derek Denard at 919-807-6307 or derek.denard@ncdenr.gov.
Thank you for your cooperation in this matter.
rely,
/
S.Jay Zimmerman, P.G.
` ector, Division of Water Resources
cc: NPDES File
Central Files
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000
Ai, .
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
• RECEIVED
DIVISION OF WATER QUALITY
August 30,2010
SEP - 7 2010
Thomas J. Roberts,President,COO SWP SECTION
Aqua North Carolina Inc. MOORESVILLE REGIONAL OFFICE
4163 Sinclair Street
Denver, North Carolina 28037
Subject: Issuance of NPDES Permit
NC0086193
Maplecrest Subdivision Well#3 WTP
Gaston County
Dear.Mr. Roberts:
Division personnel have reviewed and approved your application for renewal of the subject permit.Accordingly,we are forwarding the
attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15,2007
(or as subsequently amended).
This final permit contains no changes from the Draft permit mailed to you on June 23,2010.
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.querra(cilncdenr.gov).
Sincerely,
(Coleen H.Sullins
Enclosure: NPDES Permit NC0086193
cc: o,E.,.n l+ill ,, „Pt)' 7 I:a'Vtal4tPfskt . r' Rob Krebs
Mooresville Regional Office/Surface Water Protection—Samar Bou-Ghazale
NPDES Unit
Central files
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:Ilportal.ncdenr.orglweblwglhome • Naturally
An Equal Opportunity\Affirmative Action Employer
Permit NC0086193
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,
Aqua North Carolina, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Maplecrest Subdivision Well #3 Water Treatment Plant
SR 2797 (Forest Wood Court)
South of Gastonia
Gaston County
to receiving waters designated as an Unnamed Tributary to Catawba 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 October 1, 2010.
This permit and authorization to discharge shall expire at midnight on August 31, 2015.
Signed this day August 30, 2010.
Coleen H. Sullins, Director
orDivision of Water Quality
By Authority of the Environmental Management Commission
Permit NC0086193
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.
Aqua North Carolina, Inc. is hereby authorized to:
1. Continue to operate an existing 0.00126 MGD greensand water treatment plant with a
discharge of filter backwash utilizing the following treatment components:
• Groundwater source well
• Filtering through two (2) Green sand filters
• KMn04 injection for Iron removal
• Backwashing of Filters using finished water
• Chlorination / De-chlorination of effluent
2. This facility is located at the Mapelcrest Subdivision Well #3 on SR 2797 (Forest
Wood Court), South of Gastonia in Gaston County.
3. Discharge from said treatment works at the location specified on the attached map
into an unnamed tributary to Catawba Creek, classified C waters in the Catawba River
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Aqua North Carolina, Inc. Facility
Maplecrest Subdivision (Well #3) WTP Location ` ' Y
Latitude: 35°12'36" N State Grid: Belmont South not to scale
Longitude: 81°06'40" W Permitted Flow: N/A•
Receiving Stream: UT to Catawba Creek Stream Class: C North
NPDES Permit No.NC0086193
Drainage Basin: Catawba River Basin Sub-Basin: 03-08-37 1 V o rt}h Gaston County
Permit NC0086193
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 Maximum Measurement Sample Sample
• •
Average Frequency Type Location
50050- Flow 2/Month Instantaneous' Effluent
00530-Total Suspended 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent
Solids
00400-pH 6.0—9.0 s.u. 2/Month Grab Effluent
50060-Total Residual 17 ug/L 2/Month Grab Effluent
Chlorine
00076-Turbidity 2/Month Grab Effluent
01045-Total Iron Quarterly Grab Effluent
01055-Total Manganese Quarterly Grab Effluent
Footnotes:
1. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to total flow.
2. The Division shall consider all effluent TRC values reported below 50 ug/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 ug/L.
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
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
Version 7/2009
NPDES Permit Standard Conditions
Page 2 of 18
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system,or
(4) Constant time/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. 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.
Version 7/2009
NPDES Permit Standard Conditions
Page 3 of 18
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.
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.
Version 7/2009
NPDES Permit Standard Conditions
Page 4 of 18
b. The CWA provides that any person who violates section[s] 301, 302,306, 307, 308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a 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 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.
[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 1219
(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
Version 7/2009
NPDES Permit Standard Conditions
Page 5 of 18
of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills,even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities,liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal,State or local laws or regulations [40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit,shall not be affected thereby[NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request,copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
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
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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]
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.
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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 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.
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 Pemuttee'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)]
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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.
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. 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
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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/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 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://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field-certified parameters must hold the appropriate field parameter
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 122.41]:
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 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;
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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.
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)].
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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].
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.
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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/DWQ/ Central Files
1617 Mail Service Center
Raleigh,NC 27699-1617
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 pg/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
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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 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 (b) (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)]:
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NPDES Permit Standard Conditions
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, 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 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 may 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, nonbiodegradable 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 WWTP,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 WWTP.
The Permittee shall report such discharges into the WWTP 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
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NPDES Permit Standard Conditions
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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 discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended(which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user,the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program,for approval as required
under section D below as well as l5A 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 (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)],including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a 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 B,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
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NPDES Permit Standard Conditions
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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.
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(Al)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 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 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 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)]
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.
[15A NCAC 2H.0906(6)(7) and.0905; 40 CFR 4038(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.
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NPDES Permit Standard Conditions
Page 18 of 18
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR/DWQ /Pretreatment,Emergency Response,and Collection Systems Unit(PERCS)
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 Industrial Users (IUs) 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)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (IUs) 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 IUs 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 Industrial Users (IUs) 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. 115A NCAC 2H .0903(b)(35). .0908(b)(5) and .0905 and 40
CFR 403.8(f)(2)(vii)1
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 15 NCAC 2H.0114 and 15A NCAC 2H.0907.
Version 7/2009
SOC PRIORITY PROJECT: Yes_No X
To: Western NPDES Program Unit
Surface Water Protection Section
Attention: Dina Sprinkle
Date: March 22, 2010
NPDES STAFF REPORT AND RECOMMENDATION
County: Gaston
Permit No. NC0086193
PART I - GENERAL INFORMATION
1. Facility and address: Maplecrest Subdivision WTP
Aqua North Carolina Inc
4163 Sinclair Street
Denver,North Carolina 28037
2. Date of investigation: March 18,2010
3. Report prepared by: Samar Bou-Ghazale, Environmental Engineer II
4. Persons contacted and telephone number: Mr. Scott Williams, ORC, (704) 507-3389.
5. Directions to site: From the intersection of New Hope Road (NC Highway 279) and
Beaty Road(SR 2439) in Gastonia, Gaston County,travel south on SR 2439
approximately 1.1 miles to the junction with Maplecrest Drive (SR 2792) on the right
(west). Turn right (west) onto Maplecrest Drive and proceed approximately 0.25 mile to
the junction with Forest Wood Court(SR 2797). Proceed north on Forest Wood Court
approximately 0.1 mile. Well No.3 is located at the end of Forest Wood Court.
Well No.2 is located approximately 500 feet southwest of the junction of Woodhurst
Court(SR 2795) and Duncan Lane (SR 2794) in the subdivision.
6. Discharge point(s). List for all discharge points:
001 (Well No. 3)
Latitude: 35° 12' 36" Longitude: 81° 06' 40"
Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on
map.
USGS Quad No.: G 14 NE USGS Name: Belmont,NC
r �
Page Two
7. Site size and expansion are consistent with application? N/A
8. Topography(relationship to flood plain included): The site has moderate slopes. The
sites are not located in the flood plain area.
9. Location of nearest dwelling: Approximately 200 feet from the well No. 3.
10. Receiving stream or affected surface waters: Unnamed tributary to Catawba Creek
a. Classification: C
b. River Basin and Subbasin No.: Catawba and 03-08-37
c. Describe receiving stream features and pertinent downstream uses: The discharge
from Well No. 3 (via outfall No.001) is to an unnamed tributary to Catawba Creek.
Downstream uses are typical for class C waters.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: Intermittent discharge.
b. What is the current permitted capacity of the wastewater treatment facility? N/A
c. Actual treatment capacity of the current facility(current design capacity)?
0.00126 GPD
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: The existing WWT facilities consist two (2) green sand filters,
KMnO4 injection for Iron removal and tablet de-chlorination for backwash water.
f. Please provide a description of proposed wastewater treatment facilities: None
proposed.
g. Possible toxic impacts to surface waters: None that we are aware.
h. Pretreatment Program(POTWs only): N/A.
2. Residuals handling and utilization/disposal scheme:No residuals generated.
3. Treatment plant classification: Discharge of filter back wash water. No rating given.
Page Three
4. SIC Code(s): 9999 Wastewater Code(s): 22 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)? Public monies were not used in the construction of this
facility.
2. Special monitoring or limitations (including toxicity) requests: None at this time.
3. Important SOC, JOC or Compliance Schedule dates: (please indicate)N/A.
4. Alternative Analysis Evaluation: N/A
PART IV -EVALUATION AND RECOMMENDATIONS
The permittee,Aqua North Carolina Inc., is requesting renewal of the subject permit.
The permit allows the discharge of filter backwash water from two sand filters used in the
removal of Iron from well water. Please note that well #2 is no longer active and the treatment
facility is not being used at this time. Also a tablet de-chlorination has been added for the
backwash water prior to discharge.
Pending review and approval by the Western NPDES Program Unit, It is recommended
that the NPDES permit be renewed as requested.
GY
Signature of Repo r r
Surface Water Protection Regional Supervisor
Date
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 8, 2010
THOMAS J ROBERTS
PRESIDENT AND COO
AQUA NORTH CAROLINA INC
4163 SINCLAIR STREET
DENVER NC 28037 •
Subject: Receipt of permit renewal application
NPDES Permit NC0086193
Maplecrest WTP
Gaston County
Dear Mr. Roberts:
The NPDES Unit received your permit renewal application on March 4, 2010. 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
akglIllaiilliiiPilimlfilftke/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:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 North Carolina
Internet:www.ncwaterquality.org
An Equal Opportunity`,Affirmative Action Employer Naturally
VAQUA_
North Carolina
Aqua North Carolina,Inc.
4163 Sinclair Street F:704.489.9409
Denver, NC 28037 www.aquanorthcarolina.com
February 23, 2010
NC Department of Environment and Natural Resources
Division of Water Quality
NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Application for Permit Renewal
Aqua North Carolina, Inc.
Maplecrest Subdivision WTP
NPDES No. NC0086193
Gaston County
Gentlemen:
Attached are three (3) copies of the completed application Short Form C —WTP,
and a location map. This letter and attachments are our request to renew the
subject permit.
Well #2 is no longer active with the Public Water Section records and therefore
the treatment facility is not being used.
Because this facility does not generate sludge in the treatment process, a sludge
management plan is not applicable.
If you need any additional information or assistance, please feel free to contact
our Regional Compliance Manager, Michael Melton @ 704-489-9404 ext. 57238
or by e-mail at MAMelton@aquaamerica.com.
Sincere!
Thomas J. Ro erts
President & COO
An Aqua America Company
• NPDES PERMIT APPLICATION - SHORT FORM C - WTP
For discharges associated with water treatment plants
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number NC0086193
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 AQUA NORTH CAROLINA INC
Facility Name MAPLECREST SUBDIVISION WTP
Mailing Address 202 MACKENAN CT
City CARY
State / Zip Code NC
Telephone Number (704) 489-9404 EXT. 57238
Fax Number (704)489-9409
e-mail Address DAGentry@aquaamerica.com
2. Location of facility producing discharge:
Check here if same as above ❑
Street Address or State Road MAPLECREST DR
City SOUTH OF GASTONIA
State / Zip Code NC / 28056
County GASTON
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 AQUA NORTH CAROLINA INC
Mailing Address 202 MACKENAN CT
City CARY
State / Zip Code NC / 27511
Telephone Number (704)489-9404 EXT 57238
Fax Number (704)489-9409
4. Ownership Status:
Federal ❑ State ❑ Private ® Public ❑
Page I of 3 C-WTP 06/2009
NPDES PERMIT APPLICATION - SHORT FORM C - WTP
For discharges associated with water treatment plants
5. Type of treatment plant:
❑ Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by
filtration and disinfection)
❑ Ion Exchange (Sodium Cycle Cationic ion exchange)
® 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)
groundwater
7. Describe the treatment process(es) for the raw water:
Groundwater Source Well #3 (outfall 001)
• KMn04 injection for Iron removal
• Filtering through two (2) green sand filters
• Chlorination of finished drinking water
8. Describe the wastewater and the treatment process(es) for wastewater generated by the
facility:
• Estimated backwash flow is approximately 1,000 to 1,500 gpd.
• All backwash is put through a de-chlorination unit
9. Number of separate discharge points: 1 Outfall Identification number(s) 001
10. Design capacity of the wastewater treatment facility: .00126 MGD.
Frequency of discharge: Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: 7 Duration: 40 minutes
Estimate the total amount of wastewater discharged to waters of the State:
Daily Average 0.00126 MGD Daily Maximum 0.00126 MGD
11. Wastewater produced with each backwash or reject flow occurrence: 0.00126 MGD.
Average number of times backwashing occurs per day: 1 (monthly average)
Design capacity of the Water Treatment Plant to produce potable water: 0.037 MGD.
If producing less than design, average amount of potable water produced? .01155 MGD.
(monthly average)
12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including j
latitude and longitude): 001-Catawba Creek-Lat. - 35 degrees, 12 minutes, 36 seconds
Long. -81 degrees, 06 minutes, 40 seconds
Page 2 of 3
C-WTP 06/2009
NPDES PERMIT APPLICATION - SHORT FORM C - WTP
For discharges associated with water treatment plants
13. Critical low flow of receiving stream (summer 7Q10): N/A cfs
If unknown, contact USGS by calling toll-free 1-888-ASK-USGS (1-888-275-8747)
or using the USGS website at http://nc.water.usgs.gov/
14. Please list all water treatment additives, including cleaning chemicals or disinfection
treatments that have the potential to be discharged.
Chlorine (sodium hypochlorite)
KMN04- (Regenerate for Fe/ MN)
Please answer the following basic questions about your additives: (circle one)
Does the facility backwash with fluoridated, finished water? ''' . So i .,
�
tea. � . �
Does the facility use zinc orthophosphate as a corrosive inhibitor? res t,,No Soxefxmes
Does the facility use chloramination (add ammonia) as a disinfectant? eye o ometime$
Does the facility backwash with chlorinated, finished water? Yes ' No SoetLimes
15. Is this facility located on Indian country? (check one)
Yes ❑ No
16. Additional Information:
> Provide a schematic of flow through the facility, include flow volumes at all points in the
treatment process, and point of addition of chemicals.
> Solids Handling Plan
17. NEW Applicants
Information needed in addition to items 1-15:
> New applicants must contact a permit coordinator with the NCDENR Customer Service Center.
Was the Customer Service Center contacted? ❑ Yes El 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.
18. Applicant Certification
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Thomas J. Roberts President & COO
Pri n e of Pe n S' .n Title
t ' \\\C\C) Dor.0
Signature of A licant 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 06/2009
Maplecrest WTP 001 3 mth Season FINAL 12 Units Measure
(Avg.) 2009 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 12-mth Ave. Ave. MONTH AVE meet
TSS 0.0 5.0 0.0 3.2 14.1 9.6 5.4 8.9 5.5 7.0 5.2 5.2 5.7 5.7 MG!L
4, , % „,w„flow s 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 0.00126 L 0.00126 0.00126 °Celsius
`_ wit--''1�t r _ .: *
Maplecrest WTP 001
Units Measure-
(Maxj 2009 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daily Max Daily'Max DAILY MAX ment
TRC 13.0 <10 13.0 <10 <10 <10 <10 15.0 15.0 14.0 15.0 <10 14,2 14.2 MG/L
TSS <2.0 10.0 <2.0 6.4 21.3 11.7 5.6 12.3 5.6 9.0 5.2 5.4 9.3 +' 9.3 #/100ML
s
pH 6.6 6.7 6.6 6.7 6.8 6.9 6.8 6.8 6.7 7.2 7.2 6.7 6.8 y " f, 6.8 MG/L
Well#3
Well#2-no longer active
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;tude:35°l2'36"(001-Well 3)
lode:81°06'40" 001-Well 3) Facility c l:t/sl, ;�.x� , , -
Latitude:35°11'24"(002-Well 2) . N C 0 0 8 61 93 ,v F�Ia��,1�` ,�+t
Location
Longitude:81°06'42"(002-Well 2) ,-,,„ -, ,�•_
1 .. ,.
Quad# G14NE ;
Receiving Stream:Catawba Creek(001) Heater Utilities
UT Stream ass:Cba ek(002) Maplecrest WTP A ,O 11
StreamClass:C fv I Lr] SCALE 1 :24000 ,
Subbasin:30837 I `
Permit NC0086193
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.
Heater Utilities, Inc., is hereby authorized to:
1. Continue to discharge greensand filter-backwash wastewater from a drinking-
water purification system at Well #3 (outfall 001) and a drinking-water
purification system at Well #2 (outfall 002). These wells are located at the
Maplecrest Subdivision south of Gastonia on Maplecrest Drive in Gaston County.
2. Discharge from said treatment works at the locations specified on the attached
map into an unnamed tributary to Catawba Creek (outfall 002) and Catawba
Creek (outfall 001). Both streams are classified C waters in the Catawba River
Basin.
e6
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van de Vaart
Governor Secretary
August 28,2015 RECEIVEDJNCDENR/DWR
OCT 9 2015
Thomas J. Roberts, President/CEO
Aqua North Carolina, Inc. WQROS
MOORESVILLE REGIONAL OFFICE
202 Mackenan Court
Cary,North Carolina 27511
Subject: NPDES Certificate of Coverage NCG590006
under General Permit NCG590000
Maplecrest Subdivision-Well#3 WTP
Forest Wood Court [SR 2797], Gastonia ('<(IICe5
Gaston County
Dear Mr. Roberts: /)JCOO'c(/f 3
General Permit Coverage. In accordance with your application for discharge, the Division is
forwarding herewith the subject Certificate of Coverage to discharge under the subject state-NPDES
general permit. This permit is issued pursuant to the requirements of North Carolina General Statue
143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection agency dated August 1, 2007 (or as subsequently amended).
The following information is included with your permit package:
■ A copy of the Certificate of Coverage for your discharge with a Supplement
• A copy of General Wastewater Discharge Permit NCG590000
• A copy of a Technical Bulletin for the General Wastewater Discharge Permit NCG590000
If any parts, measurement frequencies or sampling requirements contained in this general permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual
permit application. Unless such demand is made,the certificate of coverage shall be final and
binding.
Please take notice that this Certificate of Coverage (COC) is not transferable except after notice to
the Division of Water Resources. The Division of Water Resources may require modification or
revocation and reissuance of the certificate of coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Resources or
permits required by the Division of Land Resources, Coastal Area Management Act or any other
Federal or Local governmental permit that may be required.
Certificate of Coverage Supplemental Information and DMR(eDMR) submittals:
The Supplement page attached to the COC outlines the facility's Water Treatment Plant(WTP)
type, discharge flow volume, receiving stream class& supplemental classifications(i.e. Trout Class,
NSW), and the Whole Effluent Toxicity testing requirements, if applicable. Most important,the
Supplement to COC page identifies the specific Effluent Limitations and Monitoring Requirements
sheet your facility is subject to comply with, Section B. (1.)through B. (4.). Any changes made to
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Phone:919-807-63001 Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper
the water purification process,the wastewater treatment process, or chemical usages at the facility
require that the permittee notify the Division in writing. Such notifications shall be sent to the
DWR/NPDES Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
All facilities are required to submit monthly Discharge Monitoring Reports. Moreover, the
Permittee shall begin submitting discharge monitoring reports electronically using DWR's eDMR
Application System no later than 270 days from the effective date of this COC [deadline: May23,
2016]. The permittee shall list its COC number(see subject heading), as its NPDES Permit Number
on all DMRs (eDMRs). For more information on Electronic Reporting and where to send signed
forms, see general permit Section C.
The Permittee is expected to construct any wastewater treatment facilities necessary to provide
adequate treatment in order to comply with State Water Quality Standards and permit limitations set
forth in this general permit. It is not necessary to obtain an Authorization to Construct from the
Division for wastewater treatment systems at WTPs per Session Law 2011-394 adopted on July 1,
2011.
NPDES Permit Contact. If you have any questions concerning the requirements of this permit,
please email Joe Corporon L.G. [joe.corporon@ncdenr.gov] or call his direct line 919-807-6394.
incer. y,
.401,
Jay Zimmerman P.G., Di ector
Division of Water Resources,NCDENR
cc: Central Files
NPDES General Permit Files/COC NCG590006
OQPS attn,Michael Parker,.�,Supervisor/
mo/Wo.. _
Technical Assistance and Certification
ec: AQUA North Carolina, Inc.; Colton Janes [cjanes@aquaamerica.com]
Gaston County Health and Human Services [samantha.dye@gastongov.com]
COC NCG590006
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
CERTIFICATE OF COVERAGE NCG5 90006
Under GENERAL PERMIT NCG590000
TO DISCHARGE WASTEWATERS FROM GREENSAND OR CONVENTIONAL TYPE WATER TREATMENT
PLANTS AND OTHER DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
Aqua North Carolina, Inc.
is hereby authorized to discharge filter-backwash wastewater generated at a rate of 0.00128 MGD,
utilizing greensand filter technology for the production of potable water at rate of 0.047 MGD,
these facilities located at the
Maplecrest Subdivision — Well #3 WTP
Forest Wood Court [SR 2797], Gastonia
Gaston County
to receiving waters designated as an unnamed tributary(UT)to Catawba Creek in the Catawba River
Basin, in accordance with the effluent limitations, monitoring requirements, and other application
conditions set forth in Parts I, II, and III of General Permit NCG5900000 as attached.
This certificate of coverage shall become effective August 28, 2015.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 28, 2015.
/410,
y Zimmerman P.G., Director -'
Division of Water Resources
By Authority of the Environmental Management
Commission
1IPage
• I
COC NCG590006
SUPPLEMENT to COC
The Division and the Permittee shall apply this Supplement to document compliance under General Permit
NCG590000.In accord with the Permit and the application to discharge,this Supplement shall identify below
the Effluent Limitations and Monitoring Requirements specifically appropriate to this facility's treatment-
system technology.
NOTE: The Permittee is required to notify the Division of any modifications to water-purification processes,
to wastewater-treatment processes and/or,to chemical usage at the plant.Notification shall be submitted in
writing to the DWR/NPDES Unit with a request to modify this COC, as warranted. Identify:
1. Type of Water-Purification Treatment System: X Greensand Conventional
2. Design Flow(MGD): 0.047 MGD [wastewater ave.0.00128 MGD]
(or provide maximum, monthly-average flow for the past three years)
3. Receiving-Stream Classification: C
(Identify Supplemental Classifications, i.e., Trout, NSW, WS, and designated
lakes or reservoirs; discharges to HQW and ORW not permittable)
4. General Permit Effluent Limitations and Monitoring Requirements in accord
with your proposed modification.
X GREENSAND WTP discharging to FRESHWATER [See Part 1, Section B. (1.)]
GREENSAND WTP discharging to SALTWATER [See Part 1, Section B. (2.)]
CONVENTIONAL WTP discharging to FRESHWATER [See Part 1, Section B. (3.)]
CONVENTIONAL WTP discharging to SALTWATER [See Part 1, Section B. (4.)]
All WTP facilities are required to submit monthly Discharge Monitoring Reports (DMRs). In
addition, beginning no later than 270 days from the COC effective date, the permittee shall submit
monthly DMRs electronically by implementing the Division's Electronic Discharge Monitoring
Report(eDMR)program. Please see Part 1, Section C for eDMR information.
For Conventional Systems Only[Greensand systems do not require WET test]:
5. This facility is required to perform annual Whole Effluent Toxicity(WET) Testing:
Chronic WET test [See Part 1, Section D. (2.)]
or
Acute WET test [See Part 1, Section D. (3.)]
Using an effluent concentration of % utilizing WET-test organism:
Ceriodaphnia dubia Mysidopsis bahia Pimephales promelas
[water flea] [mysid shrimp] [fathead minnow]
2IPage
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(NC Hwy 279) #N-�� •y 4411. Pls7 •VII h�
1l ) ' ' . ///. =�:f•,\* Olt f . i , 1 �'• �,�.•.\\ S h i\
6 .6 ,//7 7( :21_,-.:,_e- Lt. IN;do, .N, .."-'1.11111/4 • " ,
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--C.-"C.----\ \ ° fe ,:j, i---/,__ _JJ /- .. .' c /
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;C �.i-_ ) 1 r 1
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,,.,/ - ''' ' -'-1 \ --_/.--)-., (.„,,d,,
1r.....:-_-_.\ ;:-_,._21, ).---.. .--..J. / 7„--y 0 1 ?
fVft
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/ i (flows SE) -
----' )7 (6,--70
/-"----- ---7-Firigg-\ )) :, (
, ir-- '4. 1 1—'1 / 7------___,-7 '(- '")--- ?\,:trz...;:m .--,-\ ( (f, \\_
11 Beaty Road - ''o%/ ),f\\ -----f'-'44
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Aqua North Carolina, Inc. Facility � .
Maplecrest Subdivision - Well #3 WTP Location " $, �a'�:.
Latitude: 35°12'32" Longitude: 81°06'43" not to scale k,
Quad/State Grid: Belmont/Gl4SE HUC: 03050101
Receiving Stream: UT to Catawba Creek Stream Segment: 11-130
Drainage Basin: Catawba River Basin Sub-Basin: 03-08-37 1 North General COC NCG590006
Stream Class: C Gaston County
SM
March 2, 201 5
Wren Thedford
NC DENR / DWR/ NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-0167
Re: Application for Permit Renewal
Aqua North Carolina, Inc.
Maplecrest Subdivision Well #3
NPDES No. NC0086193
Gaston County
Ms. Thedford:
Enclosed are three (3) copies of the completed application Short Form C- WTP.
This submittal includes the necessary attachments for your office to renew the
subject permit.
If you need any additional information or assistance, please feel free to
contact our Regional Compliance Manager, Michael A. Melton @ 704-489-9404
ext. 57238 or by e-mail at MAMelton@aquaamerica.com.
Sinc ly
Thoma J. Roberts
President & COO
Enc
202 MacKenan Court,Cary, NC,27511 • 919.467.8712 • AquaAmerica.com
NPDES PERMIT APPLICATION - SHORT FORM C - WTP
For discharges associated with water treatment plants
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number NC0086193
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 Aqua North Carolina, Inc.
Facility Name Maplecrest Subdivision-Well #3 WTP
Mailing Address 202 Mackenan Ct
City Cary
State / Zip Code NC/27511
Telephone Number (919) 653-5770
Fax Number (919) 460-1788
e-mail Address TJRoberts@aquaamerica.corn
2. Location of facility producing discharge:
Check here if same as above ❑
Street Address or State Road SR 2797 (Forest Wood Court)
City Gastonia
State / Zip Code NC/ 28056
County Gaston
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 Aqua North Carolina, Inc.
Mailing Address 4163 Sinclair Street
City Denver
State / Zip Code NC / 28037
Telephone Number (704)489-9404
Fax Number (704)489-9409
Page 1 of 3 Version 5/2012
NPDES PERMIT APPLICATION - SHORT FORM C - WTP
For discharges associated with water treatment plants
4. Ownership Status:
Federal ❑ State ❑ Private ® Public ❑
5. Type of treatment plant:
❑ Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by
filtration and disinfection)
❑ Ion Exchange (Sodium Cycle Cationic ion exchange)
® 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)
Groundwater Well
7. Describe the treatment process(es) for the raw water:
Raw water is treated by an existing 0.00126 MGD greensand water treatment plant with a
discharge of filter backwash utilizing the following treatment components:
• Ground water source well
• Filtering through two (2) Green sand filters
• Potassium Permanganate (KMn04) injection for iron removal
• Backwashing of Filters using finished water
• Chlorine / De-chlorination of effluent
8. Describe the wastewater and the treatment process(es) for wastewater generated by the
facility:
Wastewater discharge from said treatment works at the location specified on the attached
map into an unnamed tributary to Catawba Creek, classified C waters in Catawba River
Basin.
9. Number of separate discharge points: 1
Outfall Identification number(s) 001
10. Frequency of discharge: Continuous ❑ Intermittent El
If intermittent:
Days per week discharge occurs: 1 Duration: 102 minutes
11. Plant design potable flow rate 0.047 MGD
Backwash or reject flow 0.00128 MGD
12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including
latitude and longitude):
Unnamed Tributary to Catawba Creek
Page 2 of 3 Version 5/2012
NPDES PERMIT APPLICATION - SHORT FORM C - WTP
For discharges associated with water treatment plants
13. Please list all water treatment additives, including cleaning chemicals or disinfection
treatments, that have the potential to be discharged.
Alum / aluminum sulfate Yes No X
Iron sulfate / ferrous sulfate Yes No X
Fluoride Yes No X
Ammonia nitrogen / Chloramines Yes No X
Zinc-orthophosphate or sweetwater CP1236 Yes No X
List any other additives below:
Chlorine
Potassium Permanganate
14. Is this facility located on Indian country? (check one)
Yes ❑ No E
15. Additional Information:
• Provide a schematic of flow through the facility, include flow volumes at all points in
the water treatment process. The plan should show the point[s] of addition for
chemicals and all discharges routed to an outfall [including stormwater].
• Solids Handling Plan
16. NEW Applicants
Information needed in addition to items 1-15:
• New applicants must contact a permit coordinator with 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
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.
Tho J. Roberts President and COO, Aqua North Carolina, Inc.
P ' t d me of P on n' T'tle
Signature of plicant to
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 Version 5/2012
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Inc.• Facility t�i� ;s t :x,z '
Maplecrest Subdivision (Well #3) WTP Location g ai i,i iar;,
•
Latitude: 35°12'36" N State Grid: Belmont South - not to scale , .
Longitude: 81°06'40" W Permitted Flow: N/A NPDES Permit No.NC008G 193
Receiving Stream: UT to Catawba Creek Stream Class: C ]�I J
Drainage Basin: Catawba River Basin Sub-Basin: 03-OS-37 I o rtI L Gaston County
L'
SOC PRIORITY PROJECT: No
To: Permits and Engineering Unit
Water Quality Section
Attention: Carolyn Bryant
Date: April 20, 2005
NPDES STAFF REPORT AND RECOMMENDATION
County: Gaston
MRO No.: 05-20
Permit No.NC0086193
PART I-GENERAL INFORMATION
1. Facility and address: Maplecrest Subdivision WTP
Heater Utilities,Inc.
Post Office Drawer 4889
Cary,North Carolina 27519
2. Date of investigation: April 6, 2005
3. Report prepared by: Samar Bou-Ghazale,Environmental Engineer I
4. Persons contacted and telephone number: Mr. Mike Dycus, ORC,Heater Utilities,(704)
489-9404
5. Directions to site: From the intersection of New Hope Road(NC Highway 279) and
Beaty Road(SR 2439)in Gastonia, Gaston County,travel south on SR 2439
approximately 1.1 miles to the junction with Maplecrest Drive(SR 2792) on the right
(west). Turn right(west)onto Maplecrest Drive and proceed approximately 0.25 mile to
the junction with Forest Wood Court(SR 2797). Proceed north on Forest Wood Court
approximately 0.1 mile. Well No.3 is located at the end of Forest Wood Court.
Well No.2 is located approximately 500 feet southwest of the junction of Woodhurst
Court(SR 2795) and Duncan Lane(SR 2794)in the subdivision.
6. Discharge point(s). List for all discharge points:
001 (Well No. 3)
Latitude: 35° 12'36" Longitude: 81° 06'40"
Page Two
002 (Well No.2)
Latitude: 35° 11'24" Longitude: 81° 06'42"
Attach a U.S.G.S.map extract and indicate treatment facility site and discharge point on
map.
USGS Quad No.: G 14 NE USGS Name: Belmont,NC
7. Site size and expansion are consistent with application? N/A
8. Topography(relationship to flood plain included): The site has moderate slopes. The
sites are not located in the flood plain area.
9. Location of nearest dwelling: Approximately 200 feet from the well No. 3, and 75 feet
from well No. 2.
10. Receiving stream or affected surface waters: Unnamed tributary to Catawba Creek
a. Classification: C
b. River Basin and Subbasin No.: Catawba and 03-08-37
c. Describe receiving stream features and pertinent downstream uses: The discharge
from Well No. 3 (via outfall No.001)is to an unnamed tributary to Catawba Creek.
The discharge (via outfall No. 002) from Well No. 2 is to a natural drainage ditch
which enters an UT to Catawba Creek. Note that Well No. 2 has not been in
operation since last year. Downstream uses are typical for class C waters.
PART II-DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: Intermittent discharge.
b. What is the current permitted capacity of the wastewater treatment facility? 750
GPD.
c. Actual treatment capacity of the current facility(current design capacity)? 750
GPD
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: The existing WWT facilities consist of iron/manganese green
sand filters.
f. Please provide a description of proposed wastewater treatment facilities: None
proposed.
�� c
r
Page Three •
g. Possible toxic impacts to surface waters: None that we are aware.
h. Pretreatment Program(POTWs only): N/A.
2. Residuals handling and utilization/disposal scheme: No residuals generated.
3. Treatment plant classification: Discharge of filter back wash water. No rating given.
4. SIC Code(s): 9999 Wastewater Code(s): 22 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)? Public monies were not used in the construction of this
facility.
2. Special monitoring or limitations(including toxicity)requests: None at this time.
3. Important SOC,JOC or Compliance Schedule dates: (please indicate) N/A.
4. Alternative Analysis Evaluation: N/A
PART IV-EVALUATION AND RECOMMENDATIONS
The permittee,Heater Utilities,has requested that the subject permit be renewed. The
permit allows the discharge of filter backwash water from sand filters used in the removal of Iron
and Manganese from well water. There have been no changes to the permit since the permit was
last renewed.
Pending a final review and approval by the NPDES Unit, it is recommended that the
permit be reissued to the applicant as requested.
Signature of Report Preparer
Surface Wat Protection Regional Supervisor
,/o
Date
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baC (CO2) Maplecrest WTP
:a Class:C^• 30537 I North SCALE 1 :24000
O,,,A r � Michael F.Easley,Governor
r
pG �`' William G.Ross Jr.,Secretary
�!� ` North Carolina Department of Environment and Natural Resources
•
> "I J
O -c ,9 Alan W.Klimek,P.E.Director
1. Division of Water Quality
January 21,2005
Jerry H.Tweed
Vice President
P.O. Drawer 4889
Cary,North Carolina 27519
Subject: Receipt of permit renewal application
NPDES Permit NC0086193
Maplecrest Subdivision WTP
Gaston County
Dear Mr.Tweed:
The NPDES Unit received your permit renewal application on January 18,2005. 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. The requirements in
your existing permit will remain in effect until the permit is renewed (or the Division takes other action).
If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083,
extension 363. •
Sincerely,
C...)
Carolyn Bryant 6dLt"}sC- ----
Point Source Branch
cc: CENTRAL FILES
Mooresville Regional Office/Water Quality Section .S
NPDES Unit
Ni Carolina
,7Vneaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
Heater 202 MacKenan Court
Cary,North Carolina 27511
phone:919.467.7854
Utilities NORm. fax:919.460.1788� WATER AND WASTEWATER SERVICES P.O.Drawer 4889,Cary,NC 27519
January 11, 2005
Mr. Charles Weaver
North Carolina DENR
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Permit Renewal - NPDES Permit No. NC0086193
Maplecrest Subdivision WTP
Dear Mr. Weaver:
Enclosed is the original and two copies of the permit renewal application for
the above-described discharge permit. This permit involves the discharge of backwash
water from iron/manganese removal filters at a community well serving Malpecrest
subdivision in Gaston County. These filters are backwashed onto the ground near the
well lots located in the subdivision. There are two filters on each well with an
estimated backwash of 650 gallons per backwash. These filters are backwashed
approximately two times per week for a total weekly backwash at the two discharge
points of 5,200 gallons per week (four filters x 650 gallons x 2 backwashes per
week) .
There is no pretreatment of the backwash water prior to the discharge and no
solids removal or sludge management plan.
If I can provide further information, please do not hesitate to contact me at
919-467-8712, Ext. 37.
Sincerely,
6 6
Je y H. Tweed
Vice President
JHT/rt
Enclosure
NPDES PERMIT APPLICATION - SHORT FORM C-WTP
For discharges associated with conventional water treatment plants
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number INC0086193
Please print or type
1. Contact Information:
Facility Name Heater Utilities, Inc. (Maplecrest Subdivision WTP)
Owner Name Heater Utilities, Inc. Attn: Jerry Tweed
Street Address P.O. Drawer 4889
City Cary,
State / Zip Code North Carolina 27519
Telephone Number ( 919 ) 467-7854
Fax Number ( 919 ) 460-1788
e-mail Address jhtweed(d),aquaamerica.com
Operator Name Mike Dycus c/o Heater Utilities, Inc.
Street Address P.O. Box 859
City Denver
State / Zip Code North Carolina 28037
Telephone Number ( 704 ) 489-9404
2. Location of facility producing discharge:
Facility Name (If different from above) Maplecrest Subdivision WTP
Street Address or State Road Liberty Court and Duncan Lane
City / Zip Code Gastonia
County Gaston
3. Standard Industrial Classification (SIC) Codes: 4941
4. Principal process(es): Filter backwash from community well water system
5. Ownership Status:
Federal State Private X Public
6. Check here if discharge.is continuous
If not continuous,
Frequency of discharge during the day: One Per Day
Frequency of discharge during the month (week): Two Days per Week
7. Number of separate discharge points: Two separate wells and discharge points (see map)
8. Description of source water(s) (i.e. groundwater or surface water) Groundwater
Page 1 of 2 Version-08/03
r.
NPDES PERMIT APPLICATION - SHORT FORM C-WTP
For discharges associated with conventional water treatment plants
9. Name of receiving stream(s) (Provide of map of exact location of each outfall, including latitude and
longitude:
Unnamed tributary to Catawba Creek
10. List all permits, construction approvals and/or applications (check all that apply and provide
permit numbers or check none if not applicable):
Type Permit Number Type Permit Number
Q None 1-1 Non-Attainment
UIC Q Ocean Dumping
X I NPDES NC0086193 Q Dredge/Fill Permits
PSD Q RCRA
NESHAPS Q Other
11. Is this facility located on Native American lands? (check one)
YES NO X
12. Please list all water treatment additives, including cleaning chemicals, that have the
potential to be discharged.
Chlorine
13. For NEW water treatment plants, please submit all analyses of source water collected.
N/A
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.
Jerry H. Tweed Vice President
Printed name of Person Signing Title
ASup-ed 1/t3 /6'5.
Sig t re o pplicant Date
No Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or
ce ification 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 $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.)
Page 2 of 2 Version-08/03
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sving stream:Catawba creek(001) Heater Utilities ,.4}- %'
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(al Class:C North SCALE 1 :24000
pasir_• 30837
' f
Michael F.Easley.Gove or
pF W ATFq William G.Ross Jr..Secretary
O� pG North Carolina Department of Environment and Natural Resources
Cp Alan W.Klimek.P.E.Director
> — Division of Water Quality
-c
DIVISION OF WATER QUALITY
August 23,2005
Mr. Michael Myers
Heater Utilities, Inc.
P.O. Box 4889 •
Cary,North Carolina 27519
Subject:NPDES Permit NC0086193
Maplecrest Subdivision WTP
Gaston County
Dear Mr. Myers:
•
Our records indicate that NPDES Permit No.NC0086193 was issued on August 15, 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 are 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,
One
Noatu ary ►
IsTMENR
N.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
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.
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,
Etift-(2,
)D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
A:\NPDESLTR.WQ
• WO°"7 -61' Michael F.Easley,Governor
N�OEPT.OF F' V!PONMEN DNAT� ]r.,Secretary
North Catp]i� e�tyof Envuop ep, Resources
0 `C / IMW Ww a A'ARt�� Khme .E.Director
vision water Quality
AUG 1 8 200'i
August 15,2005
Mr.Michael Myers
Heater Utilities,Inc.
PO Box 4889 WATER Q CITY SECTION
Cary,North Carolina 27519
Subject: Issuance of NPDES Permit NC0086193
Maplecrest Subdivision WTP
Gaston County
Dear Mr.Myers:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on June 22,2005.
This permit includes a TRC limit that will take effect on March 1,2007. If you wish to install dechlorination
equipment,the Division has promulgated a simplified approval process for such projects. Guidance for
approval of dechlorination projects may be viewed online at http://www.nccgl.net/news/ATCoverview.html.
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
Karen Rust at telephone number(919) 733-5083,extension 361.
Sincerely,
Ate r .
Alan W.Klime/G
cc: Central Files
Mooresville Regional Office/Surface Water Protection Section
NPDES Files
Nam` Carolina
turn/!y
N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Phone: (919)733-7015 Customer Service
Internet httpJAt2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 Fax: (919)733-0719 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
•
Permit NC0086193
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,
Heater Utilities, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Maplecrest Subdivision WTP
Maplecrest Drive
South of Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Catawba Creek and
Catawba 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 September 1, 2005.
This permit and authorization to discharge shall expire at midnight on August 31, 2010.
Signed this day August 15, 2005.
Ai VI
-�,r
Alan W. Klimek, P. E., Dire
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0086193
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.
Heater Utilities, Inc., is hereby authorized to:
1. Continue to discharge greensand filter-backwash wastewater from a drinking-
water purification system at Well #3 (outfall 001) and a drinking-water
purification system at Well #2 (outfall 002). These wells are located at the
Maplecrest Subdivision south of Gastonia on Maplecrest Drive in Gaston County.
2. Discharge from said treatment works at the locations specified on the attached
map into an unnamed tributary to Catawba Creek (outfall 002) and Catawba
Creek (outfall 001). Both streams are classified C waters in the Catawba River
Basin.
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Permit NC0086193
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During he tion, the Perm
is
aauthorizted to discharge from beginning ooutfallsn the effective
001 Vand 002.tSuch discharges shall be limihis permit and lasting until ted wand monitored by the
Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
(Parameter Codes) Monthly Daily Measurement Sample Type Sample Location
Average Maximum Frequency
Flow1 Monthly Instantaneous Effluent
(50050)
Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent
(00530)
Total Residual Chlorine2 17µg/L 2/Month Grab Effluent
(50060)
Total Manganese Monthly Grab Effluent
(01055)
Total Iron Monthly Grab Effluent
(01045)pH3 2/Month Grab Effluent
(00400)
Footnotes:
1. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to the total
flow.
2. The limit for total residual chlorine will take effect March 1, 2007, only if chlorine is used.
3. The pH shall not be less than 6 standard units nor greater than 9 standard units.
All samples should be collected from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Permit NC0086193
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expiration,the Permittee is
authorized to discharge from outfalls 001 and 002. Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
(Parameter Codes) Monthly Daily Measurement Sample Type Sample Location
Average Maximum Frequency
Flows Monthly Instantaneous - Effluent
(50050)
Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent
(00530)
Total Residual Chlorine2 1714/L 2/Month Grab Effluent
(50060)
Total Manganese Monthly Grab Effluent
(01055)
Total Iron Monthly Grab Effluent
(01045)
pH3 2/Month Grab Effluent
(00400)
Footnotes:
1. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to the total
flow.
2. The limit for total residual chlorine will take effect March 1, 2007,only if chlorine is used.
3. The pH shall not be less than 6 standard units nor greater than 9 standard units.
All samples should be collected from a representative 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.
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NPDES Permit Requirements
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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 nil collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated 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.
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NPDES Permit Requirements
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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)]
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NPDES Permit Requirements
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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.
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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]
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•
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 Tide 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code,Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et.al.
14. 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
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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 (rn) (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
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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
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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;
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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 (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 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 DMR.
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6. Twenty-four Flour 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
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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
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• 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
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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 (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. The Permrittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
5. Industrial User Pretreatment Permits (IUP) &Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users,permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
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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
Page16of16 ``
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
o� W A rFR Michael F.Easley
\- �G F"'^ Governor
y �>! William G.Ross,Jr.,Secretary
CO C NCDENR
North Carolina Department of Environment and Natural Resources
'c" Gregory J.Thorpe,Ph.D.,Acting Director
NC Divtsrotrol'Water Quality
ANC'. _
October 31,2001
Mr.Jerry H.Tweed NOV 0 8 2001
Heater Utilities,Inc.
P.O.Box 4889
Cary,North Carolina 27519
Subject: NPDEP&Vait Modifications
Permit NC0069035/Southgate WTP
Permit NC0084468/Keltic Meadows WTP
Permit NC0086142/Oakley Park WTP
Permit NC0086193/Maplecrest WTP
Dear Mr.Tweed:
Personnel in the NC DENR Mooresville Regional Office have reviewed the subject permits and discovered a
common typographical error in them. The Effluent Limits and Monitoring Requirements page in each permit
mistakenly lists units of measure for Settleable Solids as milligrams per liter (mg/L). Accordingly,the Division has
modified the subject permit as follows:
> The Effluent Limits and Monitoring Requirements page for each permit has been corrected. The Settleable
Solids limits are now correctly expressed in milliliters per liter(ml/L).
Please find enclosed the revised effluent pages,which should be inserted into your permits. The old pages may
then be discarded. All other terms and conditions contained in the original permits remain unchanged and in full
effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and
the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency.
If any parts,measurement frequencies or sampling requirements contained in this permit modification are
unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30) days
following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North
Carolina General Statutes,filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh,North
Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding.
If you have any questions concerning this permit modification,please contact Charles Weaver of the NPDES
Unit at(919) 733-5083,extension 511.
Sincerely,
regory J.Thorpe,Ph.D.
cc: Central Files
Mooresville Regional Office,Water Quality Section
Point Source Compliance Enforcement Unit
NPDES Unit
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer Visrr US ON THE INTERNET CO http://h2o.enr.state.nc.us/NPDES
Permit NC0086193
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfalls 001 and 002. Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Daily Measurement Sample Type Sample Location1
Average Maximum Frequency _
Flow Quarterly Estimate Effluent
Total Suspended Solids 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&Downstream
Iron Quarterly Grab Effluent
Footnotes:
1. Upstream= immediately upstream of outfall 001. Downstream= at least 100 feet downstream from outfalls
001 & 002.
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.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
' 1
rt
SOC PRIORITY PROJECT: NO
To: Permits and Engineering Unit
Water Quality Section
Attention: Christie R. Jackson
Date: September 12, 2000
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Gaston
NPDES Permit No.: NC0086193
MRO No.: 00-63
PART I - GENERAL INFORMATION
1. Facility and Address: Maplecrest Subdivision WTP
Heater Utilities
202 MacKenan Court
Cary, NC 27519
2. Date of Investigation: July 13, 2000
3. Report Prepared By: B. Dee Browder, Environ. Engr. I
4. Person Contacted and Telephone Number: Tony R. Parker,
(704) 489-9404 61-) o — ; 6`1
5. Directions to Site: From the intersection of New Hope Road (NC Highway 279)
and Beaty Road (SR 2439) in Gastonia, Gaston County, travel south on SR 2439
approximately 1.1 miles to the junction with Maplecrest Drive (SR 2792) on the
right (west). Turn right (west) onto Maplecrest Drive and proceed
approximately 0.25 mile to the junction with Liberty Court (SR 2797). Proceed
north on izibertsEei= approximately 0.1 mile.
Pecs rt.0„�) c .
Well No.3 is located a e end of Liberty Court.
Well No.2 is located approximately 500 feet southwest of the junction of
Woodhurst Court (SR 2795) and Duncan Lane (SR 2794) in the subdivision.
6. Discharge Point(s), List for all discharge Points:
001 (Well No. 3)
Latitude: 35° 12' 36"
Longitude: 81° 06' 40"
Page 2
002 (Well No.2)
Latitude: 35 ° 11' 24"
Longitude: 81° 06' 42"
Attach a USGS Map Extract and indicate treatment plant site and discharge
point on map.
USGS Quad No.: G 14 NE Belmont, NC
7. Site size and expansion area consistent with application: N/A
8. Topography (relationship to flood plain included): The sites are not located in a
flood plain area. The two well sites have moderate slopes.
9. Location of Nearest Dwelling:
001 (Well No. 3)
Approximately 200 feet from the site.
002 (Well No.2) AW1 id op tr1/,i A-1 7?fts Mc:
Approximately 75 feet from the site.
10. Receiving Stream or Affected Surface Waters: UT to Catawba Creek
a. Classification: C
b. River Basin and Subbasin No.: Catawba 03 - 08 - 37
c. Describe recei ing stream features and pertinent downstream uses:
The o sed discharge from an existing water purification facility Well
No. ' outfall No.001) is to an unamed tributary to Catawba Creek.
The proposed discharge (via outfall No. 002)from Well No. 2 is to a
natural drainage ditch which enters an UT to Catawba Creek.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of Wastewater: 0.001485 MGD (Design Capacity)
b. What is the current permitted capacity: 0.001485 MGD
c. Actual treatment capacity of current facility (current design
capacity): 0.001485 MGD
•
Page 3
d. Date(s) and construction activities allowed by previous ATCs
issued in the previous two years: N/A
e. Description of existing or substantially constructed WWT
facilities: The existing WWT facilities consist of iron/manganese
green sand filters.
peemx,iirny
f. Description of proposed WWT facilities: N/A
g. Possible toxic impacts to surface waters: There are no toxic
impacts expected. _
h. Pretreatment Program (POTWs only): Not Needed.
2. Residual handling and utilization/disposal scheme:
a. If residuals are being land applied specify DEM Permit No. N/A.
Residuals Contractor: N/A
Telephone No. N/A
b. Residuals stabilization: PSRP N/A PFRP N/A
c. Landfill: N/A
3. Treatment Plant Classification: Discharge of filter backwash water, no
rating given.
4. SIC Code(s): 4941 Wastewater Code(s): 22
5. MTU Code(s): 51101
PART HI - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds or are any
public monies involved (municipals only)? No
2. Special monitoring or limitations (including toxicity) requests: None at this
time.
3. Important SOC/JOC or Compliance Schedule dates: N/A
Submission of plans and specifications
Begin Construction
Complete construction
p
Page 4
4. Alternative Analysis Evaluation
a. Spray Irrigation: Sites not suitable for Spray Irrigation
b. Connect to regional sewer system: None available
c. Subsurface: Sites not suitable for Subsurface injection
d. Other disposal options: None available
PART IV - EVALUATION AND RECOMMENDATIONS
Heater Utilities requests renewal of their NPDES Permit for the operation and
discharge of filter backwash water from two water treatment filters serving drinking
water wells located in the Maplecrest Subdivision in Gastonia, Gaston County.
Renewal of the Permit is redoj e
// )
1 i Zi Zoao
Signature of Report Preparer 1 1 Date
/ ,; /
1 ; l i' . '- L/ C..:
/ 4�
Water Quality Regional Supervisor Date
h:\dsr\dsr99\
State of North Carolina \/ \l
Department of Environment ,� •
and Natural Resources �.tiVL OMMENT, ,r
Division of Water Quality NATUItA.L R OURCf>Y — — —
James B. Hunt, Jr., Governor MAY 31 VW NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director ullsoN ofsieumumNORTH CAROLINA DEPARTMENT OF
MnntE ENVIRONMENT AND NATURAL RESOURCES
May 19, 2000
Mr.Jerry H. Tweed
Heater Utilities, Inc.
202 MacKenan Court
Cary,North Carolina 27511
Subject: NPDES Permit Renewal Application
Permit NC0086193
Maplecrest Subdivision WTP
Gaston County
Dear Mr. Tweed:
The NPDES Unit received your permit renewal application on February 23,2000. Thank you
for submitting this package.
The permit renewal for this facility will be assigned to a member of the NPDES Unit staff.
That staff member will contact you if further information is needed to complete the permit renewal.
Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a
year and is delaying all permit renewals. Our remaining permit writers are currently reviewing
Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan
updates ahead of permit renewals. This is necessary due to a variety of factors,including mandatory
deadlines in the statutes which govern our program.
If this staff shortage delays reissuance of NC0086193 the existing requirements in your permit
will remain in effect until the permit is renewed (or the Division takes other action). We appreciate
your patience and understanding while we operate with a severely depleted staff. If you have any
additional questions concerning renewal of the subject permit,please contact me at (919) 733-5083,
extension 538.
Sincerely,
Christie R.Jackson
NPDES Unit
cc: gviit K . ..: .�.�•R Atv t.
»L`
'D ,File
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 538 (fax)919 733-0719
VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Christie.Jackson@ncmail.net
1:;;;;111111FP-
..
Iuleatel 1, U ^n trii)
202 MacKenan Court
,J Cary,North Carolina 27511
i i phone:919.467.7854
Utilities
fax:919.460.1788
WATER AND WASTEWATER SERVICES FEB 3 2000 P.O.Drawer 4889,Cary,NC 27519
CE:NR - li TER OUA !TY
February 22, 2000
Mr. Charles H. Weaver, Jr.
NCDENR/Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Permit Renewal - NPDES Permit No. NC0086193
Dear Mr. Weaver:
Enclosed is the original and two copies of the permit renewal
application for the above-referenced discharge permit. This permit involves
the discharge of backwash water from iron removal filters at two community
wells in Maplecrest subdivision in Gaston County. These filters are
backwashed onto the ground near the well lots located in the subdivision.
There are two filters on each well with an estimated backwash of 650 gallons
per backwash. These filters are backwashed approximately two times per week
for a total weekly backwash at the two discharge points of 5,200 gallons per
week (four filters x 650 gallons x 2 backwashes per week) .
There is no pretreatment of the backwash water prior to discharge and no
solids removal or sludge management plan.
If I can provide further information, please do not hesitate to contact
me at 919-467-8712, Ext. 37.
Sincerely,
444
erry H. Tweed
Vice President
JHT/rt
Enclosure
ipppr 'or •
NPDES PERMIT APPLICATION - SHORT FORM C
For maufacturing or commercial facilities with a discharge <1 MGD (or WTPs) �
N. C. Department of Environment and Natural Resources I
Division of Water Quality/NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617 N I
North Carolina NPDES Permit Number NCO() 86193
Please print or type Q' •
1. Applicant and facility producing discharge
A. Name Heater Utilities, Inc. / Maplecrest Subdivision
B. Mailing address of applicant:
• 1. Street address 202 MacKenan Court, P.O. Drawer 4889
2. City Cary 3. County Wake
4. State NC 5. Zip Code 27519
C. Location of facility:
1. Street Liberty Court and Duncan Lane
2. City Gastonia 3. County Gaston
4. State NC 5. Zip Code No Mail i ng Address
D. Telephone Number ( 919 ) 467-7854
E. Fax Number ( gig ) 460-1788
F. e-mail address JTWEED@HUINC.COM
2. Standard Industrial Classification (SIC) code(s):
3. Number of employees: N/A (Single Family Subdivision) .
4. Principal product(s) produced: Filter Backwash Water from Water Purification System.
Principal raw material(s) consumed: N/A
5. Principal process(es): Filtration of Well Water Supply for Subdivision
6. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or units of production)
Product Produced or Raw Material Consumed Product Produced or Raw Material Consumed
(AVERAGE) (PEAK)
per Day
per Month
per Year
•
7. (a) Check here•if discharge occurs all year El , or
(b) Circle the month(s) in which discharge occurs: January February March April
May June July August September October November December
(c) Days per week discharge occurs: 2 days per week x 5,200 qpd (2 discharge points, one at
NOTE: If the facility has separate discharge points(outfalls)or multiple industrial processes,include a schematic diagram each
of wastewater flow at the facility. well .
Page 1 of 2 Version-6-99
.. .
NPDES PERMIT APPLICATION - SHORT FORM C -711111111111111111
For maufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
8. Types of wastewater discharged to surface waters only(check as applicable).
Discharge per operating day Flow Volume treated before discharging
(GALLONS PER OPERATING DAY) (PERCENT)
Sanitary- daily average
Cooling water, etc. -daily average
Process water- daily average 5,200 gals. per week
(2 days x 2.600 gals. ) Zero
Maximum per operating day for
total discharge (all types)
9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places
other than surface waters, record the amount(s) discharged below:
A. Municipal sewer system gpd
B. Underground well gpd
C. Septic tank gpd
•
D. Evapor4on lagoon or pond gpd
E. Other, specify gpd
10. Number of separate discharge points: 2
11. Name of receiving stream(s): Unnamed tributary to Catawba Creek
12. Does your discharge contain or-is it possible for your discharge to contain one or more of the following
substances added as a result of your operations, activities, or processes? Circle all that apply:
aluminum ammonia beryllium cadmium chromium chlorine (residual)XX
copper ' cyanide lead mercury nickel oil and grease
phenols selenium zinc None of the above
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Jerry H. Tweed Vice President
Printed name of Person Signing Title
z/24949
Si., . re o`'.plicant Date
•rth 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$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.)
Page 2 of 2 Version-6-99
I 0
.r1
1
NORTH CAROLINA DEPARTMENT OF
'� ENVIRONMENT AND NATURAL RESOURCES
NCDENR MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 20, 2000
JAMES B. HUNT JR.
GOVERNOR
Mr. Jerry Tweed
Heater Utilities, Inc.
BILL HOLMANPO Box 4889
SECRETARY Cary, North Carolina 27519 ._
Subject: NPDES Permit No. NC0086193
Maplecrest S/D WTP
Gaston County
Dear Mr. Tweed:
Our records indicate that NPDES Permit No. NC0086193 was issued on October
9, 2000 for the discharge of wastewater to the surface waters of the State from your facility.
The purpose of this letter is to advise you of the importance of the Permit and the liabilities
in the event of failure to comply with the terms and conditions of the Permit. If you have
not already done so, it is suggested that you thoroughly read the Permit. Of particular
importance are Pages 4 and 5 .
Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your
discharge. Your discharge must not exceed any of the limitations set forth. The section
headed "Monitoring Requirements" describes the measurement frequencies, sample types
and sampling locations. Upon commencement of your discharge (or operation), you must
initiate the required monitoring. The monitoring results must be entered on reporting forms
furnished or approved by this Agency. If you have not received these forms, they should
be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as
possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1),
_ plus instructions for completing the form. It is imperative that all applicable parts be
completed, and the original and one copy be submitted as required.
Please be advised that an annual administering and compliance monitoring fee may
be required for your facility. You will soon be receiving a statement from our Raleigh
Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement
,„ , action or possible revocation of your permit.
The remaining parts of the Permit set forth definitions, general conditions and 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
" .-4 certified wastewater treatment plant operator if you are operating wastewater treatment
�1 , ..r„- facilities. Any changes in operation of wastewater treatment facilities, quantity and tv e e,of
y .n
s
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Imo, + c.�- I. AMERlLA
Wenn
"i,. " ,, 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
���"w� ""h PHONE 704-663-1699 FAX 704-663-6040
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
•
Mr. Mark Bumgarner
October 20, 2000
Page No. 2
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. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
A:\HEATNPD.LTR
DRG/de
State of North Carolina
Department of Environment tea. ,k tA, •
and Natural Resources Of ViRf"WmAlvr kieg y
Division of Water Quality
James B. Hunt, Jr., Governor 00 20 aft C D E R
Bill Holman, Secretary wISIUK nF NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, DirectorA�sVIRONMENT AND NATURAL RESOURCES
faakt.344W IOW Ofilr
October 9,2000
Mr.Jerry H.Tweed
Heater Utilities,Inc.
P.O. Box 4889
Cary,North Carolina 27519
Subject:Issuance of NPDES Permit NC0086193
Maplecrest Subdivision WTP
Gaston County
Dear Mr.Tweed: CVO
Division personnel have reviewed and approved your permit renew application. 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 Carolina2,7699-6714). 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
BILL REID
Kerr T. Stevens
cc: Central Files
IlLoresvilb111.111111111.10111..11111111M
NPDES Unit
Point Source Compliance Enforcement Unit
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer VISIT us oN THE INTERNET @ http://h2o.enr.state.nc.us/NPDES
Permit NC0086193
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,
Heater Utilities, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Maplecrest Subdivision WTP
Maplecrest Drive
south of Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Catawba Creek and
Catawba 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 November 1, 2000.
This permit and authorization to discharge shall expire at midnight on August 31, 2005.
Signed this day October 9, 2000.
ORIGINAL SIGNED BY
BILL REID
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0086193
SUPPLEMENT TO PERMIT COVER SHEET
Heater Utilities, Inc., is hereby authorized to:
1. Continue to discharge filter-backwash wastewater from a drinking-water
purification system at Well #3 (outfall 001) and a drinking-water purification
system at Well #2 (outfall 002). These wells are located at the Maplecrest
Subdivision south of Gastonia on Maplecrest Drive in Gaston County.
2. Discharge from said treatment works at the locations specified on the attached
map into an unnamed tributary to Catawba Creek (outfall 002) and Catawba
Creek (outfall 001). Both streams are classified C waters in the Catawba River
Basin.
.
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Subbamn:30837
Permit NC0086 193
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfalls 001 and 002. Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Daily Measurement Sample Type Sample Locations
Average Maximum Frequency
Flow Quarterly Estimate Effluent
Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab Effluent
Settleable Solids 0.1 mg/I 0.2 mg/I Quarterly Grab Effluent
Turbidity2 Quarterly Grab Upstream&Downstream
Iron Quarterly Grab Effluent
Footnotes:
1. Upstream= immediately upstream of outfall 001. Downstream=at least 100 feet downstream from outfalls
001 & 002.
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.
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 II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or"the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
3. 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 l 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 II
Page 4 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section
311 of the Clean Water Act.
12.Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
I. 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
US.0 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.
ran Li
Page 5 of 14
2. Duty to Mitigate •
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part I1, C-4)and "Power Failures" (Part 11,
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of
the Federal Act,33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges,nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal,State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances,and the remainder of this permit,shall not be affected thereby.
•
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying,revoking and reissuing,or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
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:
(I) 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 I5A 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._J 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 1
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.
•
• Part II
Page 8 of 14
3. 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.
Part II
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 Iimitations 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 may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions
of this permit; •
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act,any substances or parameters at any location.
Part II
• Page 12 of 14
SECTION E. REPORTING REOUIREMENTS
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)
(I).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit,including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part 11. D.2
of this permit)or 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";
0)One hundred micrograms per liter(100 ug/1);
(2)Two hundred micrograms per liter (200 ug/l) 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";
(I)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.
•
•
ANA. �, ° e` �® G FEE
_
A. The permittee must pay the annual administering and compliance monitoring fee
within 30 (thirty)days after being:bled by the.Division...Failure to pay the fee in
a tinee1y manner in accordance with 15A NCAC 2H..0105(b)(4) may cause this
Division to initiate action to revoke the permif.
State of North Carolina
Department of Environment •
and Natural Resources '
Division of Water Quality
James B. Hunt, Jr., GovernorIt1CDEI
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
January 7, 2000
JERRY H.TWEED
Heater Utilities '� �+ '4t4!
P.O. BOX 4889
CARY, NC 27519
Subject: Renewal of NPDES Permit NC0086193
Maplecrest Subdivision
GASTON County
Dear Permittee:
The subject permit expires on August 31, 2000. North Carolina Administrative Code (15A NCAC
2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the
current permit.
To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than
March 4, 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least
$250.00. Larger penalties may be assessed depending upon the delinquency of the request.
If any wastewater discharge will occur after August 31, 2000 (or if continuation of the permit is desired),
the current permit must be renewed. Operation of wastewater treatment works or continuation of discharge after
August 31, 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil
penalties of up to$25,000 per day.
If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert
Farmer of the Division's Compliance Enforcement Unit at(919) 733-5083, extension 531. You may also contact
the Mooresville Regional Office at(704) 663-1699 to begin the rescission process.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must
submit with the permit renewal application. If you have any questions, please contact me. My telephone
number, fax number and e-mail address are listed at the bottom of this page.
Sincerely,
/ )7.
Charles H. Weaver,Jr.
NPDES Unit
cc: Central Files
NPDES File
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 511 (fax)919 733-0719
Visrr US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net
NPDES Permit NC0086193
Heater Utilities
GASTON County
The following items are REQUIRED for all renewal packages:
❑ A cover letter requesting renewal of the permit and documenting any changes at the
facility since issuance of the last permit. Submit one signed original and two copies.
❑ The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
❑ If an Authorized Representative (see Part II.B.11.b of the existing NPDES permit) prepares
the renewal package, written documentation must be provided showing the authority
delegated to the Authorized Representative.
❑ A narrative description of the sludge management plan for the facility. Describe how
sludge (or other solids) generated during wastewater treatment are handled and
disposed. If your facility has no such plan (or the permitted facility does not generate
any solids), explain this in writing. Submit one signed original and two copies.
The following items must be submitted ONLY by Industrial facilities
discharging process wastewater:
❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the
Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in
accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of
March 4, 2000, submit the application package without the PPA. Submit the PPA as
soon as possible after March 4, 2000.
The above requirement does NOT apply to municipal or non-industrial
facilities.
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee
required with your application package.
Send the completed renewal package to:
Mr. Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
State of North Carolina
•T 1 1 c vi s,
Department of Environment i
and Natural Resources Alf
Division of Water Quality
James B. Hunt, Jr., Governor IICDEIIR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
August 12, 1999
Mr.Jerry H.Tweed
Heater Utilities, Inc.
P.O. Box 4889 1229
Cary, North Carolina 27519
t
Subject: NPDES Permit Modification - Ownership Change
Permit NC0086193
Maplecrest Subdivision WTP
Gaston County
Dear Mr. Tweed:
•
In accordance with your request received June 22, 1999, the Division is forwarding the subject permit
modification. This modification documents the change in ownership at the subject facility. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued under
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.
If any parts, measurement frequencies or sampling requirements contained in this permit modification
are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the
North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 276 1 1-7447. Unless such demand is made, this decision shall be final and binding.
This permit does not affect the legal requirement to obtain other permits which may be required by the
Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or
Local government permit that may be required. If you have any questions concerning this permit, please contact
Charles Weaver at the telephone number or address listed below.
Sincerely, -
2)14e.7„t„....=4/14...41,d.L.....
rr T. Stevens
cc: Central Files
1ooresville Regional Office,Water amititty Section
NPDES Unit
Point Source Compliance Enforcement Unit
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 511 (fax)919 733-0719
An Equal Opportunity Affirmative Action Employer Charles_Weaver@ h2o.enr.state.nc.us
•
Permit NC0086193
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,
Heater Utilities, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Maplecrest Subdivision
Maplecrest Drive
south of Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Catawba 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 12, 1999.
This permit and authorization to discharge shall expire at midnight on August 31, 2000.
Signed this day August 12, 1999.
fill:at,/ _
../AW T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0086193
SUPPLEMENT TO PERMIT COVER SHEET
Heater Utilities, Inc., is hereby authorized to:
1. Continue to discharge filter-backwash wastewater from a water purification
system at Well #3 (outfall 001) and a proposed water purification facility at Well
#2 (outfall 002). This facility is located at the Maplecrest Subdivision south of
Gastonia on Maplecrest Drive in Gaston County.
2. Discharge from said treatment works at the locations specified on the attached
map into an unnamed tributary to Catawba Creek (outfall 002) and Catawba
Creek (outfall 001). Both streams are classified C waters in the Catawba River
Basin.
/,' 'S'i s., J veo:',f,; / --• .... / 4 (ti. E.F:fki I)
' Ay/(Alp. : g‘il
ft b
A ' �,+11tq:ic
•
r1 414":°\1110° , ....„: ,A or.,
e'-i.) _
.:x::!,111 ,,,,,, s.•/ ... ..
\io4 / ,
' T1.4':;..i;;ift,-k.' ,,:.Y.,::4'1:.1,'..-k'k s. -j c!ra.'7::.,,
,
� (Well 3
a6 e ' Discharge �..../ t . .„..,, : .,.. ,., ,,,..,..,
,A
ar ,
I,,,..„-=-4,,,rk
i... ) ,
,--i:::,..,,- , '3'4.:::*Ws.:,
38 ...,, ., . a
12 30 .,� ,,;::tr �tf � i 'llifilk \`�� h 1
i''
7 — yi,r , " ', ‘ : We;l l 2
„,r1:;.• °.. , . Discharged_
if?
•
Ai nit 1 }, t ; f
r � . . , eya.
m rra, Oa ^ii .:� /�• ��� r, t.
/ \�Ni e
l�
3895 . )11SA �► Cr
/
_
Latitude:35°12'36"(001-Well 3) '1
I,orgitude 81006'40'(001-Well 3) AFacility_
Latitudes 35°11'24"(002-Well 2) N C o o 8 619 3 M ,
Longitude:81°os'42"(002-Well 2) LO c ati o n
Quad# G14NE
Receiving Steam Catawba Czeek(001) Heater Utilities $
UT ( ) Maplecrest
SC W TP North SCALE 1 :24000
Subbasin:30837 i
Permit NC0086 193
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfalls 001 and 002. Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUEN ' _. Witt MoNfteittiNdittelthheittlitt
CHARACTERISTICS
Monthly Daily Measurement Sample Type Sample Location1
Aterage .. Maximum frequency
Flow Quarterly Estimate Effluent
Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab Effluent
Settleable Solids 0.1 mg/I 0.2 mg/I Quarterly Grab Effluent
Turbidity2 50 NTU Quarterly Grab Upstream&Downstream
Iron Quarterly Grab Effluent
Footnotes:
1. Upstream=immediately upstream of outfall 001; Downstream= at least 100 feet downstream from outfalls
001 &002.
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.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Y1 State of North Carolina
Department of Environment
0, and Natural Resources AT7A
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary D E N R
A. Preston Howard, Jr., P.E., Director
June 29, 1998 :L S
JU1.
Ms.Jocelyn M.Perkerson
Mid South Water Systems
P.O.Box 127 !Or. '� r r :. • , •;
Sherrill Ford,North Carolina 28673 E- }
Subject: NPDES Permit Modification
Permit No. NC0086193
Mid South Water Systems-
Maplecrest Subdivision
Gaston County
Dear Ms.Perkerson:
The June 18, 1998 letter sent to your office contains the incorrect monitoring frequency for flow.
We are forwarding herewith a modification to the subject permit.
Please find enclosed an amended effluent sheet. The monitoring frequency for flow should be
revised to quarterly based on the water treatment plant having<5000 gpd filter backwash. All other terms
and conditions contained in the original permit remain unchanged and in full effect. This permit
modification is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency.
If 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 276 1 1-7447. Unless such a demand is made, this
permit shall be final and binding.
If you have any questions or need additional information, please contact Jacquelyn M. Nowell,
telephone number(919)733-5083,extension 512.
Sincerely,
04. 9ydiveL_____
.Preston Howard,Jr.,P.E.
cc: Central Files
VilleRigional Office,Water 47.1atIft Point Source Compliance Enforcement Unit
Aquatic Toxicology Unit NPDES Unit
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
A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS- FINAL Permit No. NC0086193
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 and 002. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
Monthly Weekly Daily Maximum Measurement Sample Sample
Average Average Frequency _ . Type _ Location1
Flow (MGD) Quarterly Estimate E
Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E
Settleable Solids 0.1 ml/I 0.2 ml/I Quarterly Grab E
Turbidity 25 NTU Quarterly Grab U,D
Iron (mg/I) Quarterly Grab E
Notes:
1 Sample Locations: E-Effluent, U—Immediately upstream of discharge of Outfall 001 only, D—100 ft. downstream of discharge(Outfalls 001 and 002)
There shall be no discharge of floating solids or visible foam in other than trace amounts.
State of North Carolina
V' Division of Water Quality
.,
Jv
�,.y 2 James B. Hunt, Jr., Governor
� Wayne McDevitt, Secretary D E N R
A. Preston Howard, Jr., P.E., Director •
June 18, 1998 JUN 1993
Ms.Jocelyn M.Perkerson 14i
Mid South Water Systems
,,
P.O.Box 127 .
Sherrill Ford,North Carolina 28673
Subject: NPDES Permit Modification ,
Permit No. NC0086193
Mid South Water Systems-
Maplecrest Subdivision
Gaston County ,
Dear Ms.Perkerson:
On May 11, 1998,the Division of Water Quality issued NPDES Permit No. NC0086193 to Mid
South Water Systems—Maplecrest Subdivision. We have received your letter requesting modifications.
Accordingly,we are forwarding herewith modifications to the subject permit.
Please find enclosed two amended permit pages, the supplement to permit cover and effluent
sheet. The supplement cover page has been revised and upstream monitoring for outfall 002 has been
deleted. The monitoring frequency for flow will remain weekly based on Division procedures. All other
terms and conditions contained in the original permit remain unchanged and in full effect. These permit
modifications are issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and
the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency.
If 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 276 1 1-7447. Unless such a demand is
made,this permit shall be final and binding.
If you have any questions or need additional information,please contact Jacquelyn M. Nowell,
telephone number(919)733-5083,extension 512.
Sincerely,AL .
.Preston Howard,Jr.,P.E.
cc: Central Files
Mooresville Regional Office,Water Qu It)t Point Source Compliance Enforcement Unit
Aquatic Toxicology Unit NPDES Unit
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
Permit No. NC0086193
SUPPLEMENT TO PERMIT COVER SHEET
Mid South Water Systems-Maplecrest Subdivision WTP
is hereby authorized to:
1. Discharge filter backwash from a water purification facility at Well No.3 (outfall
001) and from a proposed water purification facility at Well No. 2 (outfall 002)
located at Maplecrest WTP, on Maplecrest Drive, Gastonia, Gaston County (See
Part III of this Permit), and
2. Discharge from said facility at the locations specified on the attached map into an
unnamed tributary to Catawba Creek (outfall 002) and into Catawba Creek
(outfall 001) which are classified C waters in the Catawba River Basin.
A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS- FINAL Permit No. NC0086193
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 and 002. Such discharges shall be limited and monitored by the Permittee as specified below:
l= .
MnhfibigWeeklvk
....................................................................................................... ..... ... ..... @. .... ..... .....f .......'� ........ .........E #ltllt� ........
Flow (MGD) Weekly Estimate E
Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E
Settleable Solids 0.1 m1/I 0.2 mVl Quarterly Grab E
Turbidity 25 NTU Quarterly Grab U,D
Iron (mg/I) Quarterly Grab E
Notes:
1 Sample Locations: E-Effluent , U—Immediately upstream of discharge of Outfall 001 only, D—100 ft.downstream of discharge(Outfalls 001 and 002)
There shall be no discharge of floating solids or visible foam in other than trace amounts.
State of North Carolina
Department of Environment '�
and Natural Resources n / • •
,,,,c,,,,,„5,
Division of Water Quality I V
James B. Hunt, Jr., Governor D E N R
v L ►, Wayne McDevitt, Secretary
V A. Preston Howard, Jr., P.E., Director rr.c ' 'T. or
A/f • NA'' '2"(lit
\..- May 11, 1998 MAY 5 1998
Ms. Jocelyn M.Perkerson
Mid South Water Systems Aug or rtiv Lti:frkI 'I::1:jIrNT
P.O. Box 127
Sherrill Ford,North Carolina 28673
Subject: NPDES Permit Issuance
Permit No. NC0086193
Mid South Water Systems-
Maplecrest Subdivision
Gaston County
Dear Ms.Perkerson:
In accordance with the application for discharge permit received on October 30, 1997, the
Division is 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 U.S.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 a demand is
made,this permit shall be final and binding.
Please take notice that this permit is not transferable. Part II,E.4. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Water Quality or permits required by.the Division of Land Resources, Coastal Area
Management Act,or any other Federal or Local governmental permits may be required.
If you have any questions or need additional information, please contact Jacquelyn M. Nowell,
telephone number(919)733-5083,extension 512.
Sincerely,
Original Signed By
David A. Goodrich
A.Preston Howard,Jr.,P.E.
cc: Central Files
lingge:rti- ;t . _ Point Source Compliance Enforcement Unit
Aquatic Toxicology Unit NPDES Unit
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
Permit No. NC0086193
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,
Mid South Water Systems—Maplecrest Subdivision
is hereby authorized to discharge wastewater from a facility located at
Maplecrest Subdivision
On Maplecrest Drive
south of Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Catawba 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 June 1, 1998
This permit and authorization to discharge shall expire at midnight on August 31, 2000
Signed this day May 11, 1998
Original Signed By
David A. Goodrich
A. Preston Howard, Jr.,P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
ti•
Permit No. NC0086193
SUPPLEMENT TO PERMIT COVER SHEET
Mid South Water Systems-Maplecrest Subdivision WTP
is hereby authorized to:
1. Continue to discharge filter backwash from a water purification facility at Well
No.3 (outfall 001) and from a proposed water purification facility at Well No. 2
(outfall 002) located at Maplecrest WTP, on Maplecrest Drive, Gastonia, Gaston
County (See Part III of this Permit), and
2. Discharge from said facility at the locations specified on the attached map into an
unnamed tributary to Catawba Creek (outfall 002) and into Catawba Creek
(outfall 001) which are classified C waters in the Catawba River Basin.
'1,1-...A. / .,:''.1F•"" '-'7 &It.4 1. -F:H v .' ":.. ..--,\--)r '
404 1 .
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yfl! Volgoir<-. . : ' -:-'-A';';':'-''' 71 • ,•-
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) .:.,,i,, i...., :. tr. 9 IL. , 6°
3895 „_-,._. i L '1‘ i __NI>14,4(
Latitude 35°12'36" 001 (Well #3) Longitude 81°06'40" 001 (Well #3)
N 35°11'24" 002 (Well #2) 81°06'42" 002 (Well #2)
ROAD CLASSIFICATION SCALE 1 : 1000
PRIMARY HIGHWAY UGHT•DUTY ROAD.HARD OR 0 1 MILE
HARD SURFACE .11111111111 IMPROVED SURFACE 1--..-1. 1 1
SECONDARY HIGHWAY 0 7000 FEET
HARD SURFACE l====1 UNIMPROVED ROAD = = = I—.--—I I—""4 I— t
1 0 1 KILOMETER
Map # G 14NE Sub-basin 30837 1---1 ~I I I
CONTOUR INTERVAL 20 FEET
Stream Class C QUAD LO ATI r,
Mid-South Water Systems
Discharge Class 22 NC0086193
Receiving Stream UT to Catawba Creek Gaston County
Design Q 1000 GPD Maplecrest Subdivision
A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0086193
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 and 002. Such discharges shall be limited and monitored by the Permittee as specified below:
���t,UENT CHllHA 'EHI�'CICS _ > ; ;>< U'fiM1tS: : I�IIi�NITORfNG.�tEQU1R1=Nfl�h1TS ; ..,.:..
Month tail' Ma�cimum: : :Measurem Sam I . .:.. Sam Is..
w•
y .
Flow (MGD) Weekly Estimate E
Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E
Settleable Solids 0.1 mUl 0.2 ml/I Quarterly Grab E
Turbidity 25 NTU Quarterly Grab U,D
Iron (mg/I) _ Quarterly Grab E
Notes:
1 Sample Locations: E- Effluent , U—Immediately upstream of discharge, D—100 ft.downstream of discharge
Thera 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 II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or"the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
3. 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 II
Page 4 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section
311 of the Clean Water Act.
12.Toxic Pollutant •
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the 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 $125,0(X).
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. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances,and the remainder of this permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying,revoking and reissuing, or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
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. I 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.
Part II
Page 8 of 14
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system,which is not a designed or established or operating
mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c.and d.of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II,E.6.of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against
a permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or 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.
Part II
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 may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act,any substances or parameters at any location.
Part II
Page 12 of 14
• SECTION E. REPORTING REOUIREMENTS
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. MonitoringReports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2
of this permit)or 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/l);
(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/l);
(2)One milligram per liter(1 mg/1)for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alternatives to Wastewater 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.
Permit No. NC0086193
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,
Mid South Water Systems—Maplecrest Subdivision
is hereby authorized to discharge wastewater from a facility located at
Maplecrest Subdivision
On Maplecrest Drive
south of Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Catawba 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 June 1, 1998
This permit and authorization to discharge shall expire at midnight on August 31, 2000
Signed this day May 11, 1998
Original Signed By
David A. Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
A
Permit No. NC0086193
SUPPLEMENT TO PERMIT COVER SHEET
Mid South Water Systems-Maplecrest Subdivision WTP
is hereby authorized to:
1. Continue to discharge filter backwash from a water purification facility at Well
No.3 (outfall 001) and from a proposed water purification facility at Well No. 2
(outfall 002) located at Maplecrest WTP, on Maplecrest Drive, Gastonia, Gaston
County (See Part III of this Permit), and
2. Discharge from said facility at the locations specified on the attached map into an
unnamed tributary to Catawba Creek (outfall 002) and into Catawba Creek
(outfall 001) which are classified C waters in the Catawba River Basin.
//Fr -
SOC PRIORITY PROJECT: Yes No X
To: Permits and Engineering Unit 6J4
Water Quality Section
Attention: Jacquelyn M. Nowell
Date: December 3 , 1997
NPDES STAFF REPORT AND RECOMMENDATION
County: Gaston
Permit No. NC0086193
MRO No. 97-080
PART I - GENERAL INFORMATION
1 . Facility and Address : Mid South Water Systems
Maplecrest Subdivision WTP
Mid South Water Systems, Inc.
Post Office Box 127
Sherrills Ford, North Carolina 28673
2 . Date of Investigation: 12-02-97
3 . Report Prepared By: G. T. Chen
4 . Persons Contacted and Telephone Number: Mr. Tony Parker,
(704) 478-2785
5 . Directions to Site: From the intersection of New Hope Road
(NC Highway 279) and Beaty Road (SR 2439) in Gastonia, Gaston
County, travel south on SR 2439 approximately 1 . 1 miles to the
junction with Maplecrest Drive (SR 2792) on the right (west) .
Turn right (west) onto Maplecrest Drive and proceed
approximately 0 .25 mile to the junction with Liberty Court (SR
2797) . Proceed north on Liberty Court approximately 0 . 1 mile .
Well No. 3 is located at the end of Liberty Court . However,
Well No. 2 is located approximately 500 feet southwest of the
junction of Woodhurst Court (SR 2795) and Duncan Lane (SR
2794) in the subdivision.
6 . Discharge Point (s) . List for all discharge points:
001 (Well No. 3)
Latitude: 35° 12 ' 36" Longitude: 81° 06' 40"
002 (Well No. 2)
Latitude: 35° 11' '24" Longitude: 81° 06 42"
Attach a U.S.G.S. map extract and indicate treatment facility
site and discharge point on map.
USGS Quad No. : G 14 NE USGS Quad Name: Belmont, NC
II/Ir
7 . Site size and expansion are consistent with application?
Yes.
8 . Topography (relationship to flood plain included) : The sites
for an existing water purification facility and a proposed
water purification facility have moderate slopes; the sites do
not appear to be in flood plains.
9. Location of nearest dwelling: Approximately 200 feet .
10 . Receiving stream or affected surface waters : UT to Catawba
Creek
a. Classification: C
b. River Basin and Subbasin No. : Catawba and 03-08-37
c . Describe receiving stream features and pertinent
downstream uses : The proposed discharge from an existing
water purification facility at Well No. 3 (via outfall
No. 001) is to an unnamed tributary to Catawba Creek.
The proposed discharge (via outfall No. 002) from Well
No. 2 is to a natural drainage ditch which enters an UT
to Catawba Creek. However, the water purification
facility for Well No. 2 has not yet been built . General
"C" classification uses downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1 . a. Volume of wastewater to be permitted: Existing facility
0 . 001 MGD; proposed facility 0 . 001 MGD.
b. What is the current permitted capacity of the wastewater
treatment facility? None.
c. Actual treatment capacity of the current facility
(current design capacity) ? 0 . 001 MGD.
d. Date (s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years : N/A.
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities : Existing
water purification facility consists of iron/manganese
green sand filters.
f . Please provide a description of proposed wastewater
treatment facilities : Same as above.
g. Possible toxic impacts to surface waters: None.
NPDES Permit Staff Report .
Version 10/92
Page 2
h. Pretreatment Program (POTWs only) : N/A.
2 . Residuals handling and utilization/disposal scheme:
a. If residuals are being land applied, please specify DWQ
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 : Accumulated solids, if any, will be removed
and disposed in a county landfill .
d. Other disposal/utilization scheme (specify) : N/A.
3 . Treatment plant classification (attach completed rating
sheet) : Discharge of filter backwash water, no rating given.
4 . SIC Code (s) : 4941
Wastewater Code (s) :
Primary: 22 Secondary:
Main Treatment Unit Code: 51101
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.
NPDES Permit Staff Report
Version 10/92
Page 3
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.
PART IV - EVALUATION AND RECOMMENDATIONS
Mid South Water Systems, Inc. requests an NPDES Permit for the
operation and discharge of filter backwash water from an existing
(Well No. 3) and a proposed (Well No.2) water purification facility
located in Maplecrest Subdivision in Gastonia, Gaston County.
Since the receiving stream, which receives the filter backwash
water from the existing water purification facility, is located
within 100 feet of the well, Mid South Water System, Inc. requests
a variance to discharge within 50 to 70 feet of the well .
Pending final review and approval by the SERG, and comments
from the Division of Environmental Health, it is recommended that
an NPDES Permit be issued to the applicant as requested.
47.47 724%.—
Signature o Report Preparer
/ / /,/
Water Quality Regional Supervisor
J/2-/A/ 2
Date
NPDES Permit Staff Report
Version 10/92
Page 4
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State of North Carolina
Department of Environment J
and Natural Resources ?l� / • •
Division of Water Quality
4
James B. Hunt, Jr. Governor
�•, D E N R
)`' le Wayne McDevitt, Secretary
( A. Preston Howard, Jr., P.E., Director
•
�� November 14, 1997
Ms. Jocelyn M. Perkerson
tk Mid South Water Systems, Inc.
P.O. Box 127
Sherrills Ford, North Carolina 28673
Subject: Receipt of NPDES Permit Application
Permit No. NC0086193
Mid South Water Systems-Maplecrest
Subdivision
Gaston County
Dear Ms. Perkerson:
The Division acknowledges receipt of your NPDES permit application and$400
check (#3178) received October 20, 1997. The application requests a permit with a
variance to discharge within 50 to 75 feet of the well. Your letter indicates that Public
Water Supply requires a discharge outside of the 100-ft. radius.
I am, by copy of this letter, requesting that the Mooresville Regional Office
Supervisor prepare a staff report and recommendations regarding this discharge. This
Application has been assigned to me for review. If you have any questions regarding this
application, I can be contacted at (919) 733-5083, extension 512.
S' cerely,
,c(
Jacquklyn M. Nowe 1
EnvYonmental Modeler
NPDES Unit
cc: Mooresville Regional Office/Water Quality Section (with attachments)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Ir ..
N.C.DEPARTMENT OF ENVIRONMENT,HEALTH,AND NATURAL RESOURCES
DIVISION OF WATER QUALITY,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
•
Please print or type
1. Name,address,location,and telephone number of fantity producing discharge _
A. Name Mid Snnt-h Wai-Ar cyQtems, Inc.
B. Mailing address: •
1. 9seet address P.O. Box 12 7 - -
2. Crty Sherrills Ford 3. State NC'
4. County Catawba 5. ZIP 7R673 _. .
C Lotion: . Maplecrest Subdivision -
1. Street Mapl Prrest Drives • -
2. C.rty Gastonia 3. County Gaston
4. State NC
D. Telephone No. (7 0 4) 4 7 8—2 7 8 5 -
Area ...- -
Code
2. SIC •
g:
( ve
* 3. Number of employees 5 80 — 90 Single Family Homes
If all your waste is discharged into a publicly owned waste treatment facility a silof 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 0 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,Q raw material(Check one) Potable water (Public Utility)
6. Prindpalprocess:GronndwatPr treated der Fe, Mn and di .infPrtinn .
* 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
(I) (2) (3) (4) (5) (6) (7) .(8) •
A. Dav X —
B. Month • x
C. Year X
8. Maximum amount of principal product produced or raw material consumer,reported in item 7,above,is measured in
(Check one)
A. CD pounds B. El tons C El barrels D. Elbushels
E. 0 square feet F. ® gallons - G. 0 pieces or units H. El other,specify
*Data based on Maplecrest Subdivision only.
. (a) Check here if discharge occurs all year®.or
(b) Check the month(s)discharge occurs:
1. January 2. 0February 3. 0March 4. 0 April 5. Ej May 6 0 J
une
7. 0 July 8. 0 August 9. September 10. 0 October 11. []November
12. December
(c) Check how may days per week L 01 2. 0 2-3 3 ® 4-5 4. 0 6-7
10. Types of waste water discharged to surface waters only(check as applicable).
Discharge per operating day Flow,gallons per operating day (( Volume treated re discharging
A. Sanitary,daily average 0 N/a
B. Cooling water,etc. daily average 0 N/A
C. Process water,daily average
** 10 0 0gA d 0
D. Mani-m per operatingting day for 1000gpd 0
total discharge(all types) t
•
11. If ar.y 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.
A. Municipal sewer system EFd
B. Underground well
C Septic tank
D. Evaporation lagoon or pond CiFd
E. Other,specify tEd
12. Number of separate disch a points: _.
A. Ell B. 32-3 C 04-5 D. 06 or more
14. Name of repaving water or water Catawba Creek
15. 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,Iead,mercury,nickel,selenium,zinc,phenols,oil and grease,and chlorine(residual). .
A. DYes B. [IdNo
•
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.
3ocelyn M. Perkerson
Printed name of Person Signing
Vice President — Reaulatory Affairs
Title
Date Application ed
•
•
lure o pli t •
North Caroli eral 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 510,000,or byy impprisonment not to exceed six months,or by
both. (18 U.S.C.Section 1001 provides a punishment by a fine of not more than.510,000 or imprisonment not more than 5
years,or both,for a similar offense.)
** Filter backwash from Iron/Manganese green sand filters — Domestic
water treatment
�/, ill A • i� Copied From Belmont, N.C.
` � • "' � Quad Sheet
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Ns,
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6 Discharge
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,, 6,-- ...,(204,,••,.. 111 —iii, ,,, „....., ,,, ... - .,. . .
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95 k�
__ (//,E- -\--
` 4 r LOCATION MAP
V !' �- Maplecrest Sub-Division
t' Filter Backwash Discharge
/� 0 * \
`. . 10/14/97 Scale 1 "=1 ,000 '
•
-1997 10:39 FROM DEM WATER QUALITY SECTION TO MRO P.01/01
post-it"Fax�qN/�otte 1 7671 �e11(a,t1 7 Imp `` 4 (oo$�/f
cot Nt RS1 co. Cw,�,.a� (} 'c r� ��7
MIDSOUTH # #IF # 4 `�Fax /J�V aj70414/8--1/t35 7
October 15, 1997
A. Preston Howard,Jr. P.E.,Director
Division of Water Quality }�,.
NC DEHNR t �U"'
Post Office Box 29535 , ,;�i�
Raleigh,NC 27626-0535 •
i1`�
RE: NPDES Discharge Permit Application
Maplecrest,01-36-220
Gaston County, North Carolina
Dear Mr. Howard:
Attached please find our application as referenced above. The customers at Maplecrest are
experiencing extreme problem with the water quality and the greensand filters need to be
operational as quickly as possible. We have installed the filters but have been unable-to acquire •
an area outside the well radius far the discharge from the filter backwash We are being mandated
by Public Water Supply to operate the filters due to customer complaint and we are also being
rogwtod to di*chargc outside the I Od lt ca, .
We arc l qu g a permit with.a veriehee to allow-us to discharge within 50 to 75 Set o t h
mil. Your help in this matter will be greatly appreciated not only by the Company but by our
customers who have so much iron in their water.
rf you have questions please direct them to me at the address above.
R267'22'1?
Sincerity, 4 pi
MID SOUTH WATER SYSTEMS,INC 14
0 20 19 w jj�
/U o,
' '4166g1)t)A. p.,(2,cd— ---- ..,. , Q ..,A7k--
. ,
ocelyn M. Perkerson
Vice President of Regulatory Affairs •
cc: Mike Parker,Mooresville Regional Office
TOTAL P.01