HomeMy WebLinkAboutNC0069035_Regional Office Historical File Pre 2018 . State of North Carolina
Department of Environment,
Health and Natural Resources 4 •
Division of Environmental Management
• •.1 r
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
I
February 20, 1996 •
J.D.Ruff,Owner
Ruff Water Company
4311 Greenhaven Lane
Gastonia ,North Carolina 28054
Subject: Renewal of NPDES Permit No.NC0069035
Gaston County
Dear Permittee:
The subject permit expires on 960930. North Carolina General Stature 143.215.1(c) requires that an application for
permit renewal be filed at least 180 days prior to the expiration date. As of the date of this letter, the Division of
Environmental Management has not received an application for renewal. If continuation of the permit is desired,
failure to request renewal at least 180 days prior to expiration will result in a civil assessment of at least$250.00.
Larger penalties may be assessed depending upon the delinquency of the request.
If operation of a discharge or waste treatment facility is to occur after the expiration date of the permit,or if
continuation of the permit is desired,it must not be allowed to expire. Operation of the waste treatment works or
continuation of a discharge after the expiration date would constitute a violation of NCGS 143-215.1 and could result in
assessment of civil penalties of up to$10,000 per day.
A renewal application shall consist of the following information:
1. A letter requesting the renewal.
2. The completed application form (copy attached), signed and submitted in triplicate.
3. A processing fee(see attached schedule) in accordance with 15A NCAC 2H .0105(b). The application processing fee
is based on the design or permitted flow, whichever is appropriate.
4. Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations,Part 122 shall also submit a
priority pollutant analysis in accordance with Part 122.21.
5. Facilities which have not been constructed within the last permit cycle and are therefore, considered "new"
facilities, shall also submit an Engineering Alternatives Analysis, referenced in 15A NCAC Subchapter 2H .0103 and
Subchapter 2B .0201(c).
6. If the facility covered by this permit contains some type of treatment works,a narrative description of the sludge
management plan must be submitted with the application for renewal.
In addition to penalities referenced above,a permit renewal request received after the expiration date will be
considered as a new application and will require the higher application fee.
15A NCAC 2H.0105(b)(2)requires payment of an annual Administrative and Compliance Monitoring fee for most
permitted facilities. You will be billed separately for that fee (if applicable), after your permit is approved.
Page Two
Letter to J.D.Ruff,Owner
February 20,1996
The letter requesting renewal,the completed permit application,and appropriate fee should be sent to:
Mr.David A.Goodrich
Permits and Engineering Unit
Division of Environmental Management/WQ Section
Post Office Box 29535
Raleigh, North Carolina 27626-0535
The check should be made payable to the North Carolina Department of Environment,Health,and Natural Resources
which may be abbreviated as NCDEHNR.
If there are questions or a need for additional information regarding the permit renewal procedure,please contact the
NPDES Group at telephone number(919)-733-5083.
Respectfully,
k 4 9 4
David A. Goodrich,Supervisor
NPDES Group
cc: Central Files
Mooresville Regional Office
4
i srATE pM.C. FT. OF 1fATt1RAL
RESOURCES AN `}•,,T
ql
/ • pOMIJDENtTY DEv£[OrD
5� • JUL 2 3 1992
VISin OF ' 9Efti,
State of North Carolina
YOORESYIIIE�RE61DNAl�,OffICE
Department of Environment,Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street•Raleigh,North Carolina 27611
A.Preston Howard,Jr.,P.E.
James G.Martin,Governor Acting Director
William W.Cobey,Jr.,Secretary
July 27, 1992
J.D. Ruff, Owner
4311 Greenhaven Lane
Gastonia,NC 28054 Subject: Permit No. NC0069035
Ruff Water Company Sot..V 4r9
Gaston County
Dear Mr.Ruff:
In accordance with your application for discharge permit received on July 10, 1991, we are
forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement
between North Carolina and the US Environmental Protection agency dated December 6, 1983.
If any parts,measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the o this l to an
teraThis request mudicatory st b on written in the form of at within
written
thirty (30) days following receipt
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611
-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II,E.4. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources,Coastal Area Management Act or any other Federal or Local governmental permit
that may be required.
t If you have any questions concerning this permit, please contact Mr. Charles Lowe at
telephone number 919/733-5083.
Sincerely,
Original Signed By
Coleen H. Sul is
A. Freston ward,Jr.
cc: Mr. Jim Patrick,EPA
k' fl. 7 . 4,
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Permit No. NC0069035
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, MANAGEMENTRESOURCES
DIVISION OF ENVIRONMENTALK-. , OF NATURAL
PERMIT RESOURCES AND
TO DISCHARGE WASTEWATER UNDER THE pUMMUNITY DEVELOPMENT
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM JUL 2 8 1992
PISION OF ENVIRONMENTAL NANASENEi
MOORESYILLE REGIONAL OFFICE
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated ter Pollution Contred ol Act,the 1orth as amended,
Environmental
Management Commission, and the
Ruff Water Company
is hereby authorized to discharge wastewater from a facility located at
a site southeast of the intersection of
Rosehaven Drive and Woodbridge Drive
southeast 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, and III hereof.
This permit shall become effective September 1, 1992
This permit and the authorization to discharge shall expire at midnight on September 30, 1996
Signed this day July 27, 1992
Original Signed By
Coleen H. Sullins
A. Preston Howard,Jr., Acting Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NC0069035
SUPPLEMENT TO PERMIT COVER SHEET
Ruff Water Company
is hereby authorized to:
1. Continue the discharge of filter backwash from a well water purification system located at a site
southeast of the intersection of,Rosehaven Drive and Woodbridge Drive, southeast of
Gastonia,Gaston County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into an
unnamed tributary to Catawba Creek which is classified Class C waters in the Catawba River
Basin.
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A. ().EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0069035 .
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall
serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
fibs/day, Units (specifvl Measurement Sam 1 *Sample
Mon. Avg, Daily Max Mon. Avg, Daily Max, Frequency Type Location
Flow
Total Suspended Solids 30.0 mg/I 45.0 mg/I
Settleable Solids 0.1 m I/I 0.2 m I/I
Turbidity
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water.
All samples collected should be of a representative discharge.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance,the permittee shall submit either a report of progress or,in the case of specific
actions being required by identified dates,a written notice of compliance or noncompliance.
In the latter case,the notice shall include the cause of noncompliance,any remedial actions
taken; and the probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such month. It is therefore, an arithmetic mean found by adding the
weights of the pollutant found each day of the month and then dividing this sum by the
number of days the tests were reported. The limitation is identified as "Monthly
Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar week(Sunday- Saturday)on which daily
discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such week. It is,therefore,an arithmetic mean found
by adding the weights of pollutants found each day of the week and then dividing this
sum by the number of days the tests were reported. This limitation is identified as
"Weekly Average"in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged
during a calendar day. If only one sample is taken during any calendar day the weight
of pollutant calculated from it is the "maximum daily discharge." This limitation is
identified as 'Daily Maximum,"in Part I of the permit.
Part II
Page 2 of 14
d. The "average annual discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar year on which daily discharges are
sampled and measured,divided by the number of daily discharges sampled and/or
measured during such year. It is,therefore,an arithmetic mean found by adding the
weights of pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as "Annual Average"
in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration,"other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
month on which daily discharges are sampled and measured,divided by the number of
daily discharges sampled and/or measured during such month (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average
monthly count for fecal coliform bacteria is the geometric mean of the counts for
samples collected during a calendar month. This limitation is identified as "Monthly
Average" under"Other Units"in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria,is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
week (Sunday/Saturday)on which daily discharges are sampled and measured divided
by the number of daily discharges sampled and/or measured during such week
(arithmetic mean of the daily concentration values). The daily concentration value is
equal to the concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that
calendar day. The average weekly count for fecal coliform bacteria is the geometric
mean of the counts for samples collected during a calendar week. This limitation is
identified as "Weekly Average" under"Other Units"in Part I of the permit.
c. The "maximum daily concentration"is the concentration of a pollutant discharge during
a calendar day. If only one sample is taken during any calendar day the concentration
of pollutant calculated from it is the "Maximum Daily Concentration". It is identified
as "Daily Maximum" under"Other Units" in Part I of the permit.
d. The "average annual concentration,"other than for fecal coliform bacteria,is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
year on which daily discharges are sampled and measured divided by the number of
daily discharges sampled and/or measured during such year (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean(weighted
by flow value) of all the samples collected during that calendar day . The average
yearly count for fecal coliform bacteria is the geometric mean of the counts for samples
collected during a calendar year.
e. The "daily average concentration" (for dissolved oxygen)is the minimum allowable
amount of dissolved oxygen required to be available in the effluent prior to discharge
averaged over a calendar day. If only one dissolved oxygen sample is taken over a
calendar day,the sample is considered to be the "daily average concentration"for the
discharge. It is identified as "daily average"in the text of Part I.
Part II
Page 3 of 14
f. The "quarterly average concentration" is the average of all samples taken over a
calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I
of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June,July through September, and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of
sampling, when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility
which occurs continually without interruption throughout the operating hours of the
facility. Flow shall be monitored continually except for the infrequent times when
there may be no flow or for infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection,or
(2) a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing
the sampling point. Flow measurement between sample intervals shall be
determined by use of a flow recorder and totalizer, and the present gallon interval
between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system,or
(3) a single, continuous sample collected over a 24 hour period proportional
to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be
no greater than once per hour, and the time interval between effluent grab samples shall
be no greater than once per hour except at wastewater treatment systems having a.
detention time of greater than 24 hours. In such cases, effluent grab samples may be
collected at time intervals evenly spaced over the 24 hour period which are equal in
number of hours to the detention time of the system in number of days. However, in
no case may the time interval between effluent grab samples be greater than six (6)
hours nor the number of samples less than four(4)during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
Part II
Page 4 of 14
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the
product of the individual values where N is equal to the number of individual values.
The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms
of the individual values. For purposes of calculating the geometric mean, values of
zero(0) shall be considered to be one (1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective
flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that
reasonably represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water
Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for
sewage sludge use or disposal established under section 405(d)of the Clean Water Act.
within the time provided in the regulations that establish these standards or
prohibitions, 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)]
Part II
Page 5 of 14
c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North
Carolina General Statutes § 143-215.6(a)]
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C.4.) and "Power
Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee
from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS
143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities,liabilities,or penalties to which the permittee
is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,
33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such
as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges,nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances,and the remainder of this permit,shall
not be affected thereby.
Part II
Page 6 of 14
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying,revoking and reissuing,or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request,copies of records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit,the permittee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
such information, forms, and fees as are required by the agency authorized to issue permits
no later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge that does not have a permit
after the expiration and has not requested renewal at least 180 days prior to expiration, will
subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33
USC 1251 et. seq.
11.Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
0) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary,treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production or
operating facilities 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:
0) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager,operator of a well or well field, superintendent,a position of
Part II
Page 7 of 14
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system,or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information,including the possibility of fines
and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause.The filing of a
request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
13. Permit Modification.Revocation and Reissuance.or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit,revoking and reissuing the permit,or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
The exclusive authority to operate this facility arises under this permit. The authority to
operate the facility under previously issued permits bearing this number is no longer
effective. The conditions, requirements, terms, and provisions of this permit authorizing.
discharge under the National Pollutant Discharge Elimination System govern discharges
from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge(ORC) of the
wastewater treatment facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the wastewater treatment
facilities. The permittee shall notify the Division's Operator Training and Certification Unit
within thirty days of any change in the ORC status.
• Part II
Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a
treatment facility including the collection system, which is not a designed or
established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of
this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass,it.
shall submit prior notice,if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II,E. 6.of this permit. (24-hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass,unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
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(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities,retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices as required under Paragraph c.of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error,improperly designed treatment
facilities, inadequate treatment facilities,lack of preventive maintenance,or careless or
improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance,is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that
(a) An upset occurred and that the permittee can identify the cause(s)of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II,E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II,B. 2.of
this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
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6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a
manner such as to prevent any pollutant from such materials from entering waters of the
State or navigable waters of the United States. The permittee shall comply with all existing
federal regulations governing the disposal of sewage sludge. Upon promulgation of 40
CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge
may be reopened and modified, or revoked and reissued, to incorporate applicable
requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part
503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the
time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The permittee shall notify the Permit Issuing Authority of any significant
change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken,as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than
daily shall be taken on a day and time that is characteristic of the discharge over the entire
period which the sample represents. All samples shall be taken at the monitoring points
specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall
not be changed without notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later
than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in
the case of a new facility, on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh,North Carolina 27611
Part II
Page 11 of 14
3. Plow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed, calibrated and
maintained to ensure that the accuracy of the measurements are consistent with the accepted
capability of that type of device. Devices selected shall be capable of measuring flows with
a maximum deviation of less than 10% from the true discharge rates throughout the range
of expected discharge volumes. Once-through condenser cooling water flow which is
monitored by pump logs, or pump hour meters as specified in Part I of this permit and
based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq,the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal
Water Pollution Control Act,as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels that are below the permit discharge
requirements and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level)
approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies,tampers with,or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation,or by imprisonment for not more than two years per violation,or by both.
6. Records Retention
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, for a period of at least 3
years from the date of the sample,measurement,report or application. This period may be
extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities,equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged. This notification applies to pollutants which are subject
neither to effluent limitations in the permit, nor to notification requirements under 40
CFR Part 122.42 (a) (1).
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The
Director may require modification or revocation and reissuance of the permittee and
incorporate such other requirements as may be necessary under the Clean Water Act.
Part II
Page 13 of 14
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See
Part II. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B)Any upset which exceeds any effluent limitation in the permit.
(C)Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part II. E. 6.of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application,or submitted incorrect information in a permit application or in any report to the
Director,it shall promptly submit such facts or information.
Part II
Page 14 of 14
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a sludge digester, the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to
such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management.
As required by the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation,or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction,be punished by a fine of not more than $10,000 per
violation,or by imprisonment for not more than two years per violation,or by both.
•
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management,conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter(100 ug/1);
(2) Two hundred micrograms per liter(200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for
2-methyl-4.6-dinitrophenol; and one milligram per liter(1 mg/1)for antimony;
(3) Five (5)times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter(500 ug/1);
(2) One milligram per liter(1 mg/1)for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
Part III Permit No. NC0069035
D. ENGINEERING ALTERNATIVES ANALYSIS CONDITION
The permittee shall continuously 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.
Wf
To: Permits and Engineering Unit
Water Quality Section
Date: September 4, 1991
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Gaston
Permit No. : NC0069035
MRO No. : 91-181
PART I - GENERAL INFORMATION
1. Facility and Address: Ruff Water Company
4311 Greenhaven Lane
Gastonia, North Carolina 28054
2. Date of Investigation: September 4, 1991
3. Report Prepared by: G. T. Chen
4. Persons Contacted and Telephone Number: Mr. J. D. Ruff,
Ruff Water Company; 704/865-2789 or 704/867-0498
5. Directions to Site: From the junction of Fairgreen Drive
(S. R. 2664) and Beaty Road (S. R. 2439) approximately 0.7
mile east of Gastonia Municipal Airport, travel west on S.
R. 2664 approximately 0.25 mile to Rosehaven Lane (S. R.
2712) . Turn left and proceed south on S. R. 2712
approximately 250 feet to Woodbridge Drive (S. R. 2711) .
The water purification facility is on the south side of the
S. R. 2712/S. R. 2711 junction approximately 80 feet behind
a single family dwelling (house No. 2517) on Woodbridge
Drive.
6. Discharge Point(s) , List for all discharge points:
Latitude: 35° 11' 40"
Longitude: 81° 08' 05"
Attach a USGS map extract and indicate treatment facility
site and discharge point on map.
USGS Quad No. : G 14 NW
7. Size (land available for expansion and upgrading) : Adequate
land area available for expansion/upgrading, if necessary.
8. Topography (relationship to flood plain included) : The
existing site was filled and graded nearly flat. However,
the site does not appear to be in a flood plain.
9. Location of nearest dwelling: Approximately 80 feet.
Page Two
10. Receiving stream or affected surface waters: Unnamed
tributary to Catawba Creek
a. Classification: C
b. River Basin and Subbasin No. : 03-08-37
c. Describe receiving stream features and pertinent
downstream uses: The receiving water is a narrow and
shallow stream with tall trees and grass along the
banks. The stream flows through a densely populated
residential development (South Gate Subdivision) . No
known downstream users.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 0% Domestic
0% Industrial
a. Volume of Wastewater: 0.0008* MGD (Design Capacity)
*Filter backwash water from well water purification
b. Types and quantities of industrial wastewater: N/A
c. Prevalent toxic constituents in wastewater: N/A
d. Pretreatment Program (POTWs only) : N/A
in development approved
should be required not needed
2. Production rates (industrial discharges only) in pounds per
day: N/A
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart: N/A
4. Type of treatment (specify whether proposed or existing) :
The existing facility consists of two ( 2) 1,500 gallon
capacity septic tanks, in parallel, for solids removal.
5. Sludge handling and disposal scheme: Accumulated solids
will be removed and disposed to a county landfill.
6. Treatment plant classification (attach completed rating
sheet) : Class 0, no rating sheet attached
7. SIC Code(s) : 7389
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 (municipals only)? N/A
Page Three
2. Special monitoring requests: N/A
3. Additional effluent limits requests: N/A
4. Other: N/A
PART IV - EVALUATION AND RECOMMENDATIONS
It is recommended that the permit be renewed as requested by
the applicant.
'X e16 —
Signaturd' of Report Preparer
Water Quality egional Supervisor
01/2/
Date
‘‘
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' AND
11
o,
ey, State of North Carolina ,91
N I Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G.Martin,Governor George T. Everett,Ph.D.
William W.Cobey,Jr.,Secretary Director
August 14, 1991
_S/ 'le/ 9 4 6d.
Mr. J. D. Ruff Subject : NPDES Permit Application
Ruff Water Company
4311 Greenhaven Lane NPDES Permit No.NC0069035
Gastonia, NC 28054 Ruff Water Company
Dear Mr. Ruff : Gaston County
This is to acknowledge receipt of the following documents on July 10, 1591:
I Application Form
Engineering Proposal (for proposed control facilities) ,
1/ Request for permit renewal,
q Application Processing Fee of $300.00,
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other $100.00 overpayment, to be refunded. ,
The items checked below are needed before review can begin :
Application Form
- Engineering proposal (see attachment) ,
Application Processing Fee of
- Delegation of Authority (see attached)
Biocide Sheet (see attached)
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
Other iewhi
Pi
afri":0-4
Pollution Prcventlon Pays
P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015
An Fniul(7nnnrftinity Affirmative Artinn FmnlnvPr
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete. --_.�
This application has been assigned toCharles M. Lowe
(919/733-5083) of our Permits Unit for review. You--will- be advised of any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommend.ti. '.s re• .r ' g this
discharge . If you have any questions regardin• t s ayV is ions,
please contact the review person listed abov-
Sin in -' •/ ,
' r
OR M. Dale Overcash, P .E.
CC: Mooresville Regional Office
•
ORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
ENVIRONMENTAL MANAGEMENT COMMISSION
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM A►PLICAIICN NUMBER
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM G FFORNcv NIC IO 10 1619ICI 1315-
USE DATE RECEIVED
To be filed ally by services, wholesale and retail trade. 7 1 / I D 17 1 1
and other commercial establishments including vessels
YEAR MD. DAY
CA' J 3/'/S,
Do not attempt to complete this form without reading the accompanying instructions X 441? 'el
Please print or type
1. Name. address, and telephone number of facility producing discharge
A. Name leufF tdpi-e,e eb . (SD 1??,CFF)
B. Street a,::res y.3// />,o'`,,.,A,1 i L-d/-'c i
s
C. City 62 .521o,�%R D. state /-1 A -A 642a /, Nf
E. County 6p_s-TOA/ F. ZIP n $ -5-`71
G. Telephone No. 70 7 Fte,.5-` ,' 73 9 Area 7- dqff7/?n
t
Code
ir--.-------/-4-e------>7 ;
2, SIC
■��■ 1A q /ioajjilL 1 Li 91
(Leave blank)
3. Number of employees 3
D /ee .i
4. Nature of business P�ti/,c Gc/s� , `1�'. /' 71y •
5. (a) Check here if discharge occurs all yearkf(or
(b) Check the month(s) discharge occurs:
1.oJanuary 2.CIFebruary 3.oMarch 4.0April 5.0May
6.o June 7.O July 8.0 August 9.0 September 10.o October
11.o November 12.0 December
(c) How many days per week:
1.01 2.0 2-3 3.0 4-5 4:8(6-7
6. Types of waste water discharged to surface waters only (check as applicable)
Flow, gallons per operating day Volscma treated before
dlscharging (percent)
Discharge per9 10.000- 50.000 None 0.1- 30- 65- 95-
opereting dayy 0.1-999 1000-4999 5000-S99 49,999 or more 29.9 64.9 94.9 100
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
A. Sanitary. daily 000 ID
average 7 9
. , . _ , a
8. Cooling water, etc..
daily average
1 . , A ,
C. Other discharge(s). •
daily average;
Specify -----•�_
D. Maximum per operat-
ing day for combined
discharge (all types)
7. If any of the types of waste identified in item 6. either treated or un-
treated, are discharged to places other than surface waters, check below
as applicable.
• Waste water is discharged to: 0.1-999 1000.4999 S000-9999 10.000-411.f!! S0,000 or more
(1) (2) (3) (4) (5)
-
A. Nunicipol se system
sew..
N. Ilisdrrgrau,d %WII '
•
C. Sept.ir tank
0. Evaporation lagoon or pond •
•
E. Other. specify:
8. Number of/separate discharge points:
A.0/1 8.02-3 C.O 4-5 0.c)6 or more
9. Name of receiving water or waters /.(NNA/y)ED TRSnu7 '/ Tn CRn,,,dce s eRc=P k
.10. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances 4dde4 as a result of your operations,
activities, or processes: ammmonia, cyanide, aluminum, beryllium, cadmium,
chromium, copper, lead, mercury. nickel, selenium, tine, phenols, eil and
grease,and chlorine (residual).
A.fireste 1.0no
C//Lo,e, ✓e. -Res/D „.4Lt/Ay
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, end
accurate.
�. - K0J F
Printed Name of Person Signing •
"..--" a e.S 6 e n--\--
Title
2 S-9 . .
Date Application Signed
,e,
Signatu ot'4lican
North Carolina General Statute 143-215.6(b) (2) provides that: Any person who knowingly make
any false statement representation, or certification in any application, •record, report, pia
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 v?t
or knowly renders inaccurate any:recording or monitorig8 device or Method required to be
operated or maintained under Artie/a. 2.x:.oc regulations •of the Environmental Management Commi
Implementing that Article, shalebe.;u1,3ty of i Misdemeanor punishable by a •fine not to exce
$10,or)i), or by imprisonment• not to exceed six months, or by both. (18 U.S.C. Section 10!)1 pr
a punishment by a fine of'not more than $1O,000 or imprisonment not norm than 5 years, or bo
for a similar offense.)
NPDES STAFF REPORT AND RECOMMENDATIONS
Gaston County
NPDES Permit No. NC0069035 December 10, 1986
PART I - GENERAL INFORMATION
1. Facility and Address: Ruff Water Company
4311 Greenhaven Lane
Gastonia, North Carolina
2. Date of Investigation: 12/3/86
3. Report Prepared By: J. Thurman Horne, P.E.
4. Persons Contacted and Telephone Number: Mr. Grady Ruff
704/865-2789
5. Directions to Site: From the intersection of N. C. Hwy 274 and S.R. 2439,
travel north on S.R. 2439 approx. 1.0 mile, turn left
on Fair Green Dr. , travel approx. 0.2 mile, turn left
on Rosehaven Drive, travel approx. 0.1 mile to the
intersection of Rosehaven Drive and Woodbridge Drive.
The proposed site is located approx. 200 ft. southeast
of the intersection of Rosehaven Drive and Woodbridge Dr.
6. Discharge Point - Latitude: 35° 11' 40"
Longitude: 81° 08' 05"
Attach a USGS Map Extract and indicate treatment plant site and
discharge point on map.
USGS Quad No. G14NW
7. Size (land available for expansion and upgrading) :
The proposed site is located at the rear of a single family dwelling
in a residential development. The lot encompasses approx. 11 acre.
Space is somewhat limited but should be adequate for future modifica-
tions if necessary.
8. Topography (relationship to flood plain included) :
The existing site has been filled and graded almost flat. The
proposed site appears to be located above any potential flood plain.
9. Location of nearest dwelling: There are many dwellings nearby. The
nearest are approx. 100 ft. from the proposed site.
10. Receiving stream or affected surface waters: An unnamed tributary to Catawba Creek
a. Classification: C
b. River Basin and Subbasin No.: 03-08-37
c. Describe receiving stream features and pertinent downstream uses:
The stream flows thru a densely populated residential development.
It is likely that children and possibly adults will contact the
waters on a frequent basis. There are no other known users other
than for agriculture and secondary recreation.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 0% Domestic
100% Industrial
a. Volume of Wastewater: .0008 MGD
b. Types and quantities of industrial wastewater:
The proposed discharge will be backwash from dual high rate water
filters which are proposed to remove iron from a community well.
The water will be treated with chlorine and phosphate prior to filtering.
c. Prevalent toxic constituents in wastewater: iron, chlorine, and
phosphate
d. Pretreatment Program (POTWs only) N/A
2. Production rates (industrial discharges only) in pounds N/A
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart: N/A
4. Type of treatment (specify whether proposed or existing) :
The applicant proposes to install two (2) 1500 gallon precast septic
tanks (with baffles) , in parallel, for solids removal.
5. Sludge handling and disposal scheme: Accumulated solids will be
periodically removed and taken to a county landfill for disposal.
6. Treatment plant classification: None
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants Funds? N/A
2. Special monitoring requests: None
3. Additional effluent limits requests: None
4. Other: None
PART IV - EVALUATION AND RECOMMENDATIONS
• It is recommended that a permit be issued with effluent limitations
determined to be appropriate by Technical Services. (Note: At the time of
this report no WLA has been prepared) .
Authorization to construct should be withheld pending receipt of
final design plans and specifications.
c_______ ''!4'
e of r�e rt preparer
>_ 1A - ,
Water Qua i Regional upervisor
102 � c- ,G,: 'cos +,i'•..n4 i1.r ems .fi.., tl 1, 43+ .,.,ikv:.j L& .4L ,.�fr
Y Cw<
l'f
P : iP lba�� klr / ✓11
V1SlON 1POIaMENS P�9AP�3'ar.EMEN'E .4a,..,,„d'_ !� Y.
ENv S ,
State of North Carolina x
Departmcn of Natural Resources and Community Development r<,
"" " otklis p
zoo, Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor ,�:~ R. Paul Wilms '
` S. Thomas Rhodes, Secretary Director t'
Subject : NPDES Permit Application:14.
- NPDES Permit No . NCO° , '.
_ County
Dear ••
,c This is to acknowledge receipt of the following documents on
,,'$ Application Form, �'
1,. Engineering Proposal (for proposed control facilities) , *'
Request for permit renewal , , -
Application Processing Fee of $_ , ,
,> Other
'' The items checked below are needed before review can begin: ;
Application form _ (Copy enclosed) ,
a.r., Engineering Proposal (See Attachment) , tip''
Application Processing Fee of $ , ra;'
' - Other ;;'
If the application is not made complete within thirty (30) days , it will
4 be returned to you and may be resubmitted when complete . 4 '
This application has been assigned to `
( 919/733-5083) of our Permits Unit for review. You will be advised of ',,,
any comments recommendations , questions or other information necessary
3 v
'' for the review of the application. 1::..
y
I am, by copy of this letter, requesting that our Regional Office J '
`5 Supervisor prepare a staff report and recommendations regarding this , '
discharge . If you have any questions regarding this application, please ' ,
`" contact the review person listed above . . -
Sincerely, ,,,,,
A
.v
Arthur Mouberry, P .E .
°' k.
Supervisor, Permits and Engineering
cc :
F Pollution Prevention Pays
;'t P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
_ ..__' $ sue,-- '+�i spi ,. .-; v ,-- r; A d ,;5 v_, i]� 1.1 w`. ..
Equal Opportunity, Affirmative Action Employer
.'h ram. a'5 ,_ 'c-n� -.�= '� _ ri Jw-.- 7, y -_ , 4x....r y1...ti-.iJ° :rr. '.,. -"-.�r , rr I' Y-5rr.—,4-. ,..
TH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
ENVIRONMENTAL MANAGEMENT COMMISSION
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR AGENCY tic to 1Q1 1 101315
4.
�� USE DATE RECEIVED
To be filed only by services, wholesale and retail trade, _, 71(a I iC I / 17
and other comuercial establishments including vessels
YEAR MO. DAY
(Lit /7/54, 1175.0D
Do not attempt to complete this form without reading the accompanying instructions
Please print or type 1rCei vt•P , '/
1. Name, address, and telephone number of facility producing discharge h`l// 7/ C'
A. Name Ruff Water Company
B. Street address 4 311 Greenhaven Lane
C. City Gastonia D. State N_ C-
E. County Gaston F. ZIP 28054
G. Telephone No. 704 865-2789
Area
Code
2. SIC 111111111111
(Leave blank)
3. Number of employees None
4. Nature of business Need Permit to Discharge Backwash Water From a Well Fi 1 for
5. (a) Check here if discharge occurs all year( or
(b) Check the month(s) discharge occurs: �• +
1.13 January 2.0 February 3.0 March 4.0 April 5.0 May R�i
6.0 June 7.OJuly 8.0August 9.0 September 10.0October :, tgt"
11.0 November 12.0 December 1; - 7 1986
(c) How many days per week:
• 1.01 2.02-3 3.04-5 446-7 Pcli•;ti'. . _ ;'!C''. �_;=r'�,!G
6. Types of waste water discharged to surface waters only (check as applicable)
Flow, gallons per operating day doscha treated before
dlscherging (percent)
Discharge per -
operating day 0.1-999 1000-4999 50004999 10,000- 50,000 None 0.1- 30- 65- 95-
49,999 or more 29.9 64.9 94.9 100
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
A. Sanitary, daily
average
8. Cooling water, etc.,
daily average
C. Other discharge(s), 800 GPO •• 100%
daily average; fg�lid:
Specify
0. Maximum per operat-
ing day for combined
discharge (all types)
any of ypc .ified it 6, -'•',er treated or un-
treated, are dlscha,yc:i to places other than surfac:. waters, check below
as applicable.
11
Waste water is discharged to: 0.1-999 1000-4999 5000-9999 10,000-49,999 50,000 or more
(1) (2) (3) (4) (5)
A. Municipal sewer system
H. IIIJI•I yrnunrl ve.1 I •
C. Septic tank
U. Evaporation lagoon or pond
E. Other, specify:
B, Number of separate discharge points:
A.141 B.0 2-3 C.D 4-5 D.o 6 or more
•
9. Name of receiving water or waters Tributary to Catawba Creek
10. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances added as a result of your operations,
activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium,
chromium, copper, lead, mercury. nickel, selenium, zinc, phenols, oil and
grease, and chlorine (residual).
A.11 yes B,O no
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.
Ruff
Printed Name of Person Signing
Owner
Title
November 14 . 1986
Date Application Signed i
r 4)
Slgnat of Appl tunW e
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,
Dr 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,
Dr knowly renders inaccurate any recording or monitoring 4 vice or method required to be
Dperated or maintained under•AT;ie a 2.1;�ot regulations •of the Environmental Management Commission
implementing that•'Article, ehal•i'{be'tt 4tv-of a misdemeanor punishable by aline not to exceed
S10,000, or by imprisonment nbt to exceed six months, or by both. (18 U.S.C. Section 1001 prowiin
a punishment by a fine of'not more than $10,000 or imprisonment not more than 5 years, or both,
`or a similar offense.)
V ,
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor March 13 , 1987 R. Paul Wilms
S. Thomas Rhodes, Secretary CERTIFIED MAIL Director
RETURN RECEIPT REQUESTED
Mr . J. D. Ruff
Ruff Water Company NATURAL4311 Greenhaven Lane N. c. PErT. of
Gastonia , NC 28054 , ,r -'1I5(y DEyELOP�.ENT
Subject : Permit No . R1-06"§035
Ruff Water Company 191981
Gaston County �AH�
Dear Mr . Ruff :
iV 101i OF ENVIRO`',::M. MA1;a6EME(R
In accordance with your application for dischargeD ;E >l`�e.G+ , VG�tYEon
November 17 , 1986 , we are forwarding herewith the subje Late — NPDES .
permit . This permit is issued pursuant to the requirements of North Carolina
General Statute 143-215 . 1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection Agency dated December 6 , 1983 .
If any parts , measurement frequencies or sampling requirements
contained in this permit are unacceptable to you , you may request a waiver
or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written
request to the Director identifying the specific issues to be contended .
Unless such request is made within 30 days following receipt of this permit ,
this permit shall be final and binding . Should your request be denied , you
will have the right to request an adjudicatory hearing .
Please take notice that this permit is not transferable . Part II , B . 2 .
addresses the requirements to be followed in case of change in ownership or
control of this discharge .
This permit does not affect the legal requirement to obtain other
permits which may be required by the Division of Environmental Management or
permits required by the Division of Land Resources , Coastal Area Management
Act or any other Federal or Local governmental permit that may be required .
If you have any questions concerning this permit , please contact Mr .
Mack Wiggins , at telephone number 919/733-5083 .
Sincerely ,
ORIGINAL.
ARTHUR MOUBERRY
FOR R. Paul Wilms
cc : Mr . Jim Patrick , EPA
1111.11111111.11111111111111011111.11111.111111.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Permit No. NC0069035
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERM I T
To Discharge Wastewater Under the NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215. 1,
other lawful standards, and regulations promulgated and adopted by the North
Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended,
RUFF WATER COMPANY
is hereby authorized to discharge wastewater from a facility located
Southeast of Rosehaven Drive and Woodbridge Drive intersection
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 Part I , II, and III hereof.
This permit shall become effective March 13, 1987
This permit and the authorization to discharge shall expire at midnight on
February 29, 1992
Signed this day of March 13, 1987
FOP
R. PAUL WILMS, DIRECTOR
DIVISION OF ENVIRONMENTAL MANAGEMENT
BY AUTHORITY OF THE ENVIRONMENTAL
MANAGEMENT COMMISSION
M1 & 11
Permit No. NC0069035
SUPPLEMENT TO PERMIT COVER SHEET
Ruff Water Company
is hereby authorized to:
1 . Enter into a contract for construction of a wastewater treatment system, and
2. Make an outlet into an unnamed tributary to Catawba Creek, and
3. After receiving an Authorization to Construct from the Division of Environmental
Management construct and operate a wastewater treatment system located south-
east of Rosehaven and Woodbridge Drive intersection in Gaston County (See
Part III of this Permit), and
4. Discharge from said treatment works into an unnamed tributary to Catawba
Creek which is classified Class "C" waters in the Catawba River Basin.
K '
A. EFFLUENT LIMITATION AND MONITORING REQUIREMENTS
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(s) 001 .
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations
Monitoring Requirements
kg/day (lbs/day) Other Units (Specify) Measurement Sample Sample
Daily Avg. Daily Max. Daily Avg . Daily Max. Frequency Type Location.
Flow
Total Suspended Solids 30 . 0 mg/1 45 . 0 mg/1
Settleable Solids 0. 1 m1/1 0. 2 m1/1
Turbidity ** **
**The discharge shall not cause the turbidity of the receiving water to exceed If the turbidity exceeds these levels due to natural background conditions , thepdischarge
level cannot cause any increase in the turbidity in the receiving water .
All samples collected should be of a representative discharge .
The pH shall not be less than 6. 0 standard units nor greater than 9 . 0 standard units z, r�
o N
There shall be no discharge of floating solids or visible foam in other than trace amounts . z
0
w
•
Part I
Permit No . NC
B. SCHEDULE OF COMPLIANCE
1 . The permittee shall achieve compliance with the effluent
limitations specified for discharges in accordance with the
folllowing schedule :
2. No later than 14 calendar days following a date identified in
the above schedule of compliance, the permittee shall submit
either a report of progress or, in the case of specific actions
being required by identified dates, a written notice of
compliance or noncompliance . In the latter case, the notice
shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next scheduled
requirement .
I4
•
C. MONITORING AND REPORTING
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.
2 . Reporting
Monitoring results obtained during the previous month(s)
shall be summarized for each month and reported on a monthly
Discharge Monitoring Report (DMR) Form (DEM No. MR 1 , 1 . 1 ,
2, 3 , ) or alternative forms approved by the Director, DEM,
postmarked no later than the 30th day following the
completed reporting period.
The first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility,
on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other
reports required herein, shall be submitted to the following
address:
Division of Environmental Management
Water Quality Section
ATTN: Central Files
Post Office Box 27687
Raleigh, NC 27611
3. Definitions
a. Act or "the Act" : The Federal Water Pollution Control
Act, also know as the Clean Water Act, as amended, 33 U.S.C.
1251, et. seq.
h. The "daily average" discharge means the total discharge
by weight during a calendar month divided by the number of
days in the month that the production or commercial facility
was operating. Where less than daily sampling is required by
this permit, the daily average discharge shall be determined
by the summation of all the measured daily discharges by
weight divided by the number of days sampled during the
calendar month when the measurements were made.
c. The "daily maximum" discharge means the total discharge
by weight during any calendar day.
I 5
d. DEM or Division: means the Division of Environmental
Management, Department of Natural Resources and Community
Development.
e. EMC: used herein means the North Carolina Environmental
Management Commission.
f. Flow, M3/day (MGD) : The flow limit expressed in this
permit is the 24 hour average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
g. Arithmetic Mean: The arithmetic mean of any set of
values is the summation of the individual values divided by
the number of individual values.
h. 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) .
i. Composite Sample: These samples consist of grab samples
collected at equal intervals and combined proportional to
flow, a sample continuously collected proportionally to
flow, or equal volumes taken at varying time intervals. If a
composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent
grab samples shall be no greater than hourly. Intervals
between effluent grab samples shall be no greater than
hourly except where the detention time of the wastewater in
the facility is greater than 24 hours, in which case, the
interval between grab samples shall be no greater in number
of hours than the detention time in number of days;
provided, however, in no case may the time between effluent
grab samples be greater than six hours nor the number of
grab samples less than four during any discharge period of
24 hours or less.
j . Grab Sample: Grab samples are individual samples
collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually.
I 6
4. Test Procedures
Test procedures for the analysis of pollutants shall conform
to the EMC regulations published pursuant to N.C.G.S.
143-215.63 et seq, the Water and Air Quality Reporting Act,
and to regulations published pursuant to Section 304 (g) , 33
USC 1314, of the Federal Water Pollution Control Act, As
Amended, and Regulation 40 CFR 136 .
5. Recording Results
For each measurement or sample taken pursuant to the
requirements of this permit, the permittee shall record the
following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed; and
c. The person(s) who performed the analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s)
designated herein more frequently than required by this
permit, using approved analytical methods as specified
above, the results of such monitoring shall be included in
the calculation and reporting of the values is required in
the DMR. Such increased frequency shall also be indicated.
The DEM may require more frequent monitoring or the
monitoring of other pollutants not required in this permit
by written notification.
7. Records Retention
All records and information resulting from the monitoring
activities required by this Permit including all records of
analyses performed and calibration and maintenance of
instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3)
years. This period of retention shall be extended during the
course of any unresolved litigation or if requested by the
Division of Environmental Management or the Regional
Administrator of the Environmental Protection Agency.
I 7
PART II GENERAL CONDITIONS
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with
the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than
or at a level in excess of that authorized shall constitute
a " violation of the permit. Any anticipated facility
expansions, production increases, or process modifications
which will result in new, different, or increased discharges
of pollutants must be reported by submission of a new NPDES
application or, if such changes will not violate the
effluent limitations specified in this permit, by notice to
the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not
previously limited.
2. Noncompliance Notification
The permittee shall report by telephone to either the
central office or appropriate regional office of the
division as soon as possible but in no case more than 24
hours or on the next working day following the occurrence or
first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control
facility which results in the discharge of significant
amounts of wastes which are abnormal in quantity or
characteristic, such as the dumping of the contents of a
sludge digester, the known passage of a slug of
hazardous substance through the facility or any other
unusual circumstances.
b. Any process unit failure, due to known or unknown
reasons, that render the facility incapable of adequate
wastewater treatment, such as mechanical or electrical
failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or
treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion
of the influent to such station or facility.
d. Any time that self-monitoring information indicates
that the facility has gone out of compliance with its
NPDES permit limitations.
I 8
Persons reporting such occurrences by telephone shall also
file a written report in letter form within 15 days
following first knowledge of the occurrence.
3. Facilities Operation
The permittee shall at all times maintain in good working
order and operate as efficiently as possible all treatment
or control facilities or systems installed or used by the
permittee to achieve compliance with the terms and
conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize
any adverse impact to navigable waters resulting from
noncompliance with any effluent limitations specified in
this permit, including such accelerated or additional
monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
5 . Bypassing
Any diversion from or. bypass of facilities is prohibited,
except (i) where unavoidable to prevent loss of life or
severe property damage, or (ii) where excessive storm
drainage or runoff would damage any facilities necessary for
compliance with the effluent limitations and prohibitions of
this permit. All permittees who have such sewer bypasses or
overflows of this discharge shall submit, not later than six
months from the date of issuance of this permit, detailed
data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from
each sewer system bypass or overflow.
The permittee shall report by telephone to either the
central office or appropriate regional office of the
division as soon as possible but in no case more than 24
hours or on the next working day following the occurrence or
first knowledge of the occurrence of any diversion from or
bypass of facilities.
I 9
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants
removed in the course of treatment or control of wastewaters
shall be disposed of in accordance with NCGS 143-215. 1 and
in a manner such as to prevent any pollutant from such
materials from entering waters of the State or navigable
waters of the United States.
7. Power Failures
The permittee is responsible for maintaining adequate
safeguards to prevent the discharge of untreated or
inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby
generators or retention of inadequately treated effluent.
8. Onshore or Offshore Construction
This permit does not authorize or approve the construction
of any onshore or offshore physical structures or facilities
or the undertaking of any work in any navigable waters.
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of
Environmental Management, the Regional Administrator, and/or
their authorized representatives, upon the presentations of
credentials:
a. To enter upon the permittee' s premises where an
effluent source is located or in which any records are
required to be kept under the terms and conditions of
this permit; and
b. At reasonable times to have access to and copy any
records required to be kept under the terms and
conditions of this permit; to inspect any monitoring
equipment or monitoring method required in this permit;
and to sample any discharge of pollutants.
I 10
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any
change in name, control or ownership of facilities from
which the authorized discharge emanates or is contemplated,
the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of
the need to obtain a permit in the name of the prospective
owner. A copy of the letter shall be forwarded to the
Division of Environmental Management.
3. Availability of Reports
Except for data determined to be confidential under NCGS
143-215.3 (a) (2) or Section 308 of the Federal Act, 33 USC
1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of
the Division of Environmental Management. As required by
the Act, effluent data shall not be considered
confidential. Knowingly making any false statement on any
such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1 (b) (2) or in
Section 309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS
143-215. 1 (b) (2) and NCGS 143-215.1 (e) respectively, this
permit may be modified, suspended, or revoked in whole or
in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or
failure to disclose fully all relevant facts; or
c. A change in any condition that requires either a
temporary or permanent reduction or elimination of the
authorized discharge.
I 11
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent
standard or prohibition (including any schedule of
compliance specified in such effluent standard or
prohibition) is established under Section 307 (a) of the Act
for a toxic pollutant which is present in the discharge, if
such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit
shall be revised or modified in accordance with the toxic
effluent standard prohibition and the permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part
II, A-5) and "Power Failures" (Part II, A-7) , nothing in
this permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for
noncompliance pursuant to NCGS 143-215.3 , 143-215.6 or
Section 309 of the Federal Act, 33 USC 1319. Furthermore,
the permittee is responsible for consequential damages, such
as fish killS, even though the responsibility for effective
compliance may be temporarily suspended.
7. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject to under NCGS
143-215.75 et seq. or Section 311 of the Federal Act, 33 USC
1321 . Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily
suspended.
8. Property Rights
The issuance of this permit does not convey any property
rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private
property or any invasion of personal rights , nor any
infringement of Federal, State or local laws or regulations.
•
I 12
9 . Severability
The provisions of this permit are severable, and if any
provision of this permit to any circumstance is held
invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be
affected thereby.
10. Expiration of Permit
Permittee is not authorized to discharge after the
expiration date. In order to receive authorization to
discharge beyond the expiration date, the permittee shall
submit such information, forms, and fees as are required by
the agency authorized to issue permits no later than 180
days prior to the expiration date. Any discharge without a
permit after the expiration will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6, and 33
USC 1251 et seq.
I 13
PART III OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this
facility, whether for construction or operation or discharge,
are hereby revoked by issuance of this permit. The conditions,
requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment facilities or additions
thereto shall be begun until Final Plans and Specifications have
been submitted to the Division of Environmental Management and
written approval and Authorization to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant
operator in responsible charge of the wastewater treatment
facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of
the Division of Environmental Management, conduct groundwater
monitoring as may be required to determine the compliance of
this NPDES permitted facility with the current groundwater
standards.
E. Limitations Reopener
This permit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or
water quality standard issued or approved under Sections
302 (b) (2) (c) , and (d) , 304 (b) (2) , and 307 (a) (2) of the Clean
Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise more
stringent than any effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
I 14
Part III Continued
F. Toxicity Reopener
This permit shall be modified, or revoked and reissued to
incorporate toxicity limitations and monitoring requirements in the
event toxicity testing or other studies conducted on the effluent
or receiving stream indicate that detrimental effects may be
expected in the receiving stream as a result of this discharge .
r L
Permit No. NC0069035
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Ruff Water Company
is hereby authorized to discharge wastewater from a facility located at
a site southeast of the intersection of
Rosehaven Drive and Woodbridge Drive
southeast 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, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on September 30, 1996
Signed this day
V (F�
h r
:f y:.:i
George T.Everett,Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NC0069035
SUPPLEMENT TO PERMIT COVER SHEET
Ruff Water Company
is hereby authorized to:
1. Continue the discharge of filter backwash from a well water purification system located at a site
southeast of the intersection of,Rosehaven Drive and Woodbridge Drive, southeast of
Gastonia,Gaston County (See Part III of this Permit), and
2, Discharge from said treatment works at the location specified on the attached map into an
unnamed tributary to Catawba Creek which is classified Class C waters in the Catawba River
Basin.
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A. ().EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0069035
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall
serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Lbs/day, Units (specify) Measurement Sample
*Sample
Mon. Avg, Daily Max Mon. Avg, Daily Max, Frequency Tvpe Location
Flow
Total Suspended Solids 30.0 mg/I 45.0 mg/I
Settleable Solids 0.1 m 1/I 0.2 m 1/I
Turbidity * * * *
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water.
All samples collected should be of a representative discharge.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Part III Permit No. NC0069035
D. ENGINEERING ALTERNATIVES ANALYSIS CONDITION
The permittee shall continuously 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.
js2.
e.,a5.44o _
a
State North Carolina
Department of Environmen
t Health, and Natural Resources
Mooresville Regional Office
James G. Martin, Governor
William W. Cobey,Jr., SecretaryAlbert F. Hilton, Regional
Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
July 28, 1992
Mr. J. D. Ruff, Owner
Ruff Water Company
4311 Greenhaven Lane
Gastonia, North Carolina 28054
Subject: NPDES Permit No. NC0069035
Ruff Water Company
Gaston County, NC
Dear Mr. Ruff:
Our records indicate that NPDES Permit No,
issued on July 27, 1992 for the discharge of wastewater
was
surface waters of the State from
surose of
face
cetter is to advise wastewater to the
your facility. The the liabilities in the event of failure the to
of theppepmit and
the liabilionsties
of the th Permit. comply
itn is suthat ggested If you have not already
done terms
particularei portanceyiou s Pagehoughly read the Permit. so,
4, Of
Page 4 sets forth the effluent limitations and monitoring
requirements for your dischar e(s
exceed any of the ourlimitationsgset )forthur discharge(s) mss
"Monitoring Requirements" The secionheadednot
sample types and re describes the measurement frequencies,
sample
(or operation) ,sampling
locations. Upon commencement of
dischargeri The rati n) you must initiate the requiredyour
reporting forms furnished monitoring resultsmust be entered on the
por orm forms,u you by this Agency. If
received
l thesereceivethe they should be arrivingyou have not
ass to
forms, Please contact thssOffice �asIf you
I have enclosed a sample of the "Effluent"
quickly
reporting form (DEM Form MR-1 Effluent
the form. ) , plus instructions for completing
It is imperative that all a
completed, and the oriI:
ginal and one cosub
pPli
required. PY he submitted as
The remaining Parts of the Permit set forth definitions,
general conditions and special conditions a
operation of wastewater treatment facilities and/or nations,
The conditions include special reportingapplicable to the
requirementslinhthee(s) .
P.O Box 950, 919 North Main Street,
Mooresville, N.C.28115-0950•Telephone 704-663-1699•FAX 704.663l040
An Equal Opportunity Affirmative Action Employer
r .
Mr. J. D. Ruff
Page Two
July 28, 1992
event of noncompliance, bypasses, treatment unit/process
failures, etc. Also addressed are requirements for a certified
wastewater treatment plant operator if you are operating
wastewater treatment facilities. Any changes in operation of
wastewater treatment facilities, quantity and type of wastewater
being treated or discharged, expansions and/or upgrading of
wastewater treatment facilities must be permitted or approved by
this Agency.
Failure to comply with the terms and conditions of an NPDES
Permit subjects the Permittee to enforcement action pursuant to
Section 143-215.6 of the North Carolina General Statutes. A
civil penalty of up to $10,000 per violation plus criminal
penalties may be assessed for such violations. If you find at
any time that you are unable to comply with the terms and
conditions of the Permit, you should contact this Office
immediately. A Consent Order may be necessary while pursuing
action to obtain compliance.
As a final note, an NPDES Permit is normally issued for a
five-year period. Permits are not automatically renewed.
Renewal requests must be submitted to this Agency no later than
180 days prior to expiration. Please make note of the expiration
date of your Permit. This date is set forth on Page 1 of the
Permit. Also note that NPDES Permits are not transferable. If
you, as the Permittee, cease to need this Permit, then you should
request that the Permit be rescinded.
As mentioned previously, the purpose of this letter is to
advise you of the importance of your NPDES Permit. Please read
the Permit and contact this Office at 704/663-1699 in Mooresville
if you have any questions or need clarification. We look forward
to providing any assistance.
Sincerely,
(1) . X2,42-,( 4644 --__J4f
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
Enclosure
DRG:ssl
/r/1/
Permit No. NC0069035
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
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,
RUFF WATER COMPANY
is hereby authorized to discharge wastewater from a facility located
Southeast of Rosehaven Drive and Woodbridge Drive intersection
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 Part I , II, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on
Signed this day of
DRAFT
R. PAUL WILMS, DIRECTOR
DIVISION OF ENVIRONMENTAL MANAGEMENT
BY AUTHORITY OF THE ENVIRONMENTAL
MANAGEMENT COMMISSION
M1 & 11
Permit No. NC0069035
SUPPLEMENT TO PERMIT COVER SHEET
Ruff Water Company
is hereby authorized to:
1 . Enter into a contract for construction of a wastewater treatment system, and
2. Make an outlet into an unnamed tributary to Catawba Creek, and
3. After receiving an Authorization to Construct from the Division of Environmental
Management construct and operate a wastewater treatment system located south-
east of Rosehaven and Woodbridge Drive intersection in Gaston County (See
Part III of this Permit) , and
4. Discharge from said treatment works into an unnamed tributary to Catawba
Creek which is classified Class "C" waters in the Catawba River Basin.
A. EFFLUENT LIMITATION AND MONITORING REQUIREMENTS
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(s) 001 .
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations
Monitoring Requirements
kg/day abs/day) Other Units (Specify) Measurement Sample *Sample
Daily Avg. Daily Max. Daily Avg . Daily Max . Frequency Type Locatior.
Flow
Weekly Instantaneous E
Total Suspended Solids 30 . 0 mg/1 45 . 0 mg/1 2/Month
Grab g
Settleable Solids 0 . 1 m1/1 0. 2 m1/1 Weekly Grab
E
Turbidity ** **
Weekly Grab U, D
*Sample locations : E - Effluent, U - Upstream , D - Downstream
**The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU.
If the turbidity exceeds these levels due to natural background conditions , the discharge
level cannot cause any increase in the turbidity in the receiving water .
All samples collected should be of a representative discharge .
The pH shall not be less than 6 .0 standard units nor greater than 9 . 0 standard units and shall be gi
monitored weekly at the effluent by grab samples
There shall be no discharge of floating solids or visible foam in other than trace amounts . r.
rn
0
w