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HomeMy WebLinkAboutNC0069035_Regional Office Historical File Pre 2018 (3) A • A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla HI Governor DIVIstci. Secretary, y May 30, 2014 2i Ms. Laurie Ison Aqua North Carolina, Inc. MOORESi/:L :'ALOFFICE 4163 Sinclair St Denver, NC 28037 Subject: Rescission of NPDES Permit NC0069035 Southgate WTP Gaston County Dear Ms. Ison: The Division has reviewed your permit rescission request received on May 29th. The Division has no objection to your request. Therefore, NPDES permit NC0069035 is rescinded, effective immediately If in the future your company wishes to discharge wastewater to the State' s surface waters, it must first apply for and receive a new NPDES permit. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov] . Ci Sincer..ely, C i, G 'Thomas A. Reeder, cctor Division of Water Resources cc: NPDES Unit Teresa Revis / Budget 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 512 North Salisbury Street,Raleigh,North Carolina 27604 Phone: 919 807-6300/FAX 919 807-6489/Internet:www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer-50%Recycled/10% Post Consumer Paper ArA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary RECEIVED DIVISION OF WATER QUALITY August 30,2010 SEP - 7 2010 SWP SECTION Thomas J. Roberts, President,COO MOORESVILLE REGIONAL OFFICE Aqua North Carolina Inc. 4163 Sinclair Street Denver, North Carolina 28037 Subject: Issuance of NPDES Permit NC0069035 Southgate WTP Gaston County Dear Mr. Roberts: Division personnel have reviewed and approved your application for renewal of the subject permit.Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15,2007 (or as subsequently amended). This final permit contains no changes from the Draft permit mailed to you on June 23,2010. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30)days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh,North Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Bob Guerra at telephone number(919)807-6387 or email at(bob.querra@ncdenr.gov). Sincerely, Coleen H.Sullins Enclosure: NPDES Permit NC0069035 cc: INEtaiiiti!keg ional Office urface `titer Protector Rob Krebs Mooresville Regional Office/Surface Water Protection—Samar Bou-Ghazale NPDES Unit Central files • 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 • One Phone:919-807-6387\FAX:919-807-64951 Customer Service:1-877-623-6748 NorthCarolina Internet:http:llportal.ncdenr.orglweblwglhome Naturally Equal Opportunity\Affirmative Action Employer Permit NC0069035 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Aqua North Carolina, Inc. is hereby authorized to discharge wastewater from a facility located at the Southgate Water Treatment Plant NCSR 2712 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, Ill and IV hereof. This permit shall become effective October 1, 2010. This permit and authorization to discharge shall expire at midnight on August 31, 2015. Signed this day August 30, 2010. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0069035 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Aqua North Carolina, Inc. is hereby authorized to: 1. Continue to operate an existing 0.0017 MGD greensand water treatment plant with a discharge of filter backwash utilizing the following treatment components: • Groundwater source well • KMn04 Injection for Iron removal • • Filtering through two (2) green sand filters • Backwashing of Filters using finished water • Discharging of backwash each day to two (2) buried settling tanks • Chlorination / Dechlorination of effluent 2. This facility is located at the Southgate WTP, SE of Gastonia off NCSR 2713 in Gaston County. 3. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Catawba Creek, classified C waters in the Catawba River Basin. .,�5 ' , •` r(/.;, YJit N F \I: v i \`'� ',l r-- /n :1 v.f -� , `71'` I ,/ 'Ny"'f"1 1.'. �/ p �i i 'R:� 1 �;r r .,tip <•'' , / Hi s' i ';,♦ t';'� r •v ' \ , i, - i, 7 . i , . , ;,..,„,,.,,, .... ,,,, ., r,,,.. , , .' /. 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Facility , 4'a r ,;•� Southgate WTP � :. . . , w i�. Location Latitude: 35°11'21" N State Grid: Gastonia South not to scale Longitude: 81°09'25" W Permitted Flow: N/A Receiving Stream: rUT to Catawba Creek Stream Class: C North } ,, NPDES Permit No. NC0069035 Drainage Basin: Catawba River Basin Sub-Basin: 03-08-37 1 V O1' h Gaston County Permit NC0069035 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Maximum Measurement Sample Sample Average Frequency Type Location 50050- Flow 2/Month Instantaneous' Effluent 00530-Total Suspended 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Solids 00400-pH 6.0—9.0 s.u. 2/Month Grab Effluent 50060-Total Residual 28 ug/L 2/Month Grab Effluent Chlorine 00076-Turbidity 2/Month Grab Effluent 01045-Total Iron Quarterly Grab Effluent • 01055-Total Manganese Quarterly Grab Effluent Footnotes: 1. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to total flow. 2. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 ug/L. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period •with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 7/2009 NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge"is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0" (or"< [detection level]") shall be considered=1. Version 7/2009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average(concentration limit) The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average(concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant•. Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit). The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification;or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 7/2009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301,302,306, 307,308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation,or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall,upon conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 7/2009 NPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby[NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the Permittee must apply for and obtain a new permit[40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing,production,or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 7/2009 NPDES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCE1'l"hD: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 7/2009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: > Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: > Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC > A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 7/2009 NPDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets. a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s) of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E. 6. (b) of this permit. (4)The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilised/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 utilisation/disposal of sludge may be Version 7/2009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein,shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 7/2009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field-certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g),33 USC 1314,of the CWA (as amended),and 40 CFR 136;or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information,including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 7/2009 NPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR 122.42(a) T. c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. • 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 7/2009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at(800) 662-7956, (800) 858-0368 or(919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality. Version 7/2009 NPDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR/DWQ/ Central Files 1617 Mail Service Center Raleigh,NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter(500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 7/2009 NPDES Permit Standard Conditions Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or(d) of the CWA. [40 CFR 403.3 (b) (i) and(j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit,or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or"SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary,noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern,or; (c) is required to meet a national categorical pretreatment standard,or; (d) is,regardless of Parts (a), (b),and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTWs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW,including interference with its use or disposal of municipal sludge,or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: Version 7/2009 NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW,and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants,except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the WWTP,including slug loads and other unusual discharges,which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WWTP. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge,the investigation into possible sources;the period of the discharge,including exact dates Version 7/2009 NPDES Permit Standard Conditions Page 16 of 18 and times;and if the discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR,Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended(which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user,the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program,for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and(b). [40 CFR 122.44(j) (2)] 5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and(c) and 402(b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900,and in accordance with the approved pretreatment program,all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO). The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and.0906;40 CFR 403.8(f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey(IWS The permittee shall implement an IWS consisting of the survey of users of the POTW,as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44(j) (1)],including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B,2,c,of this Part. 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D,and Section E.5.). [15A NCAC 2H.0906 (b) (2) and.0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the Division. Within 180 days of the effective date of this permit(or any subsequent permit modification) the Version 7/2009 NPDES Permit Standard Conditions Page 17 of 18 Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e.,an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5 (c)and 15A NCAC 2H.0909,specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a)and(b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits(IUP) &Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all significant industrial users,permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916,and.0917;40 CFR 403.5,403.8(f) (1) (iii); NCGS 143- 215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection&Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine,independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)] The Permittee must a. Inspect all Significant Industrial Users (SIUs)at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31,except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a),Tables IC,ID,and IF,as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and(2)(iii); 40 CFR 122.44(j)(2)] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909,and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan(ERP) approved by the Division. [15A NCAC 2H.0906(6)(7) and.0905; 40 CFR 4038(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports,Modified Pretreatment Programs developed under 15A NCAC 2H.0904(b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 7/2009 NPDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR/DWQ/ Pretreatment,Emergency Response,and Collection Systems Unit(PERCS) 1617 Mail Service Center Raleigh,NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of,and actions taken for all Industrial Users (IUs)in Significant Non-Compliance(SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary(PPS) on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non-Compliance (SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35). .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H.0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 7/2009 4 SOC PRIORITY PROJECT: Yes_No X To: Western NPDES Program Unit Surface Water Protection Section Attention: Dina Sprinkle Date: March 19, 2010 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No.: NC0069035 PART I - GENERAL INFORMATION 1. Facility and address: Southgate WTP Aqua North Carolina Inc 4163 Sinclair Street Denver,North Carolina 28037 2. Date of investigation: March 18, 2010 3. Report prepared by: Samar Bou-Ghazale, Env. Eng. II 4. Person contacted and telephone number: Mr. Scott Williams, ORC, (704) 507-3389. 5. Directions to site: From the intersection of Hwy 274 and Beaty Road travel NE on Beaty Road approximately 2.1 miles. Turn left onto Fairgreen Drive. Turn left onto Rosehaven Drive. Turn left onto Townsend Drive. The facility is located at the intersection of Rosehaven and Townsend Drive. 6. Discharge point(s), List for all discharge points: - Latitude: 35° 11' 21" Longitude: 81° 09' 25" Attach a USGS Map Extract and indicate well site(s) and discharge point(s) on map. USGS Quad No.: G 14 NW, Gastonia South 7. Site size and expansion area consistent with application: Yes. 8. Topography(relationship to flood plain included): Moderate slope. The water treatment facility is not in a flood plain. Page Two 9. Location of nearest dwelling: Approx. 100 feet from the WWTP site. 10. Receiving stream or affected surface waters: UT to Catawba Creek. a. Classification: C b. River basin and subbasin No.: Catawba 030837 c. Describe receiving stream features and pertinent downstream uses: Small Wet weather ditch. Downstream uses are typical for class C waters. PART II-DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: .0.0017 MGD b. What is the current permitted capacity:N/A c. Actual treatment capacity of current facility(current design capacity): 0.0017 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of the existing WWT facilities consist of two (2) green sandfilters,KMnO4 injection for Iron removal, liquid de-chlorination of backwash water,two (2) buried settling tank prior to discharge. f. Description of proposed WWT facilities: There are no proposed WWT facilities. g. Possible toxic impacts to surface waters: There are no toxic impacts known or expected. 2. Residual handling and utilization/disposal scheme: Residual is pumped from buried settling tank, removed and disposed in one of Aqua North Carolina WWTP. 3. Treatment Plant Classification: Class I(no change from previous rating) 4. SIC Code(s): 4941 Wastewater Code(s): 22 MTU Code(s): 51101 PART III- OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved(municipals only)? No. 2. Special monitoring or limitations (including toxicity)requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A t Page Three 4. Alternative Analysis Evaluation: N/A PART IV-EVALUATION AND RECOMMENDATIONS The permittee,Aqua North Carolina Inc., is requesting renewal of the subject permit. The permit allows the discharge of filter backwash water from two sand filters used in the removal of Iron from well water. The only change to the permit since last permit renewal is the addition of a de-chlorination facility. Pending review and approval by the Western NPDES Program Unit, It is recommended that the NPDES permit be renewed as requested. 3 Signature of Report Pre arer Date l 1.� 3(i Water Quality Regional Supe rvisor Date 7:arA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 8, 2010 THOMAS J ROBERTS MAR 9 2010 PRESIDENT AND COO AQUA NORTH CAROLINA INC 4163 SINCLAIR STREET DENVER NC 28037 Subject: Receipt of permit renewal application NPDES Permit NC0069035 Southgate WTP Gaston County Dear Mr. Roberts: The NPDES Unit received your permit renewal application on March 4,2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit,please contact Bob Guerra at (919) 807-6387. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES M ills I " ce/Surface Water Protection NPDES Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 . Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 NorthCa+rolina Internet www.ncwaterquality.org Cl� An Equal Opportunity i Affirmative Action Employer Naturally AQUA_ North Carolina Aqua North Carolina,Inc. 4163 Sinclair Street F:704.489.9409 Denver, NC 28037 www.aquanorthcarolina.com February 23, 2010 NC Department of Environment and Natural Resources Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Application for Permit Renewal Aqua North Carolina, Inc. Southgate Subdivision WTP NPDES No. NC0069035 Gaston County Gentlemen: Attached are three (3) copies of the completed application Short Form C —WTP, and a location map. This letter and attachments are our request to renew the subject permit. If you need any additional information or assistance, please feel free to contact our Regional Compliance Manager, Michael Melton @ 704-489-9404 ext. 57238 or by e-mail at MAMeltonaquaamerica.com. Sincer , Thomas J. oberts President & COO An Aqua America Company • • NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number NC0069035 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise,please print or type. 1. Contact Information: • Owner Name AQUA NORTH CAROLINA INC Facility Name SOUTHGATE WTP Mailing Address 202 MACKENAN CT City CARY State / Zip Code NC Telephone Number (704) 489-9404 EXT. 57238 Fax Number (704)489-9409 e-mail Address DAGentry@aquaamerica.com 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road Off NCSR 2712 City SOUTHEAST OF GASTONIA State / Zip Code NC / 28056 County GASTON 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name AQUA NORTH CAROLINA INC Mailing Address 202 MACKENAN CT City CARY State / Zip Code NC / 27511 Telephone Number (704)489-9404 EXT 57238 Fax Number (704)489-9409 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ Page 1 of 4 C-WTP 06/2009 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 5. Type of treatment plant: ❑ Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) ® Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑ 6. Description of source water(s) (i.e. groundwater, surface water) groundwater 7. Describe the treatment process(es) for the raw water: Groundwater Source Well #2 (outfall 001) • KMnO4 injection for Iron removal • Filtering through two (2) green sand filters • Chlorination of finished drinking water 8. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: • Discharging of backwash each day to two (2) buried settling tanks • Estimated backwash flow is approximately 1,700 gpd • Accumulated sludge is pumped and removed by a permitted septage hauler for disposal in one of Aqua North Carolina's existing WWP 9. Number of separate discharge points: 1 Outfall Identification number(s) 001 10. Design capacity of the wastewater treatment facility: .0017 MGD. Frequency of discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 24 minutes Estimate the total amount of wastewater discharged to waters of the State: Daily Average 0.0017 MGD Daily Maximum 0.0017 MGD 11. Wastewater produced with each backwash or reject flow occurrence: .0017 MGD. Average number of times backwashing occurs per day: 1 (monthly average) Design capacity of the Water Treatment Plant to produce potable water: 0.037 MGD. If producing less than design, average amount of potable water produced? 0.026 MGD. (monthly average) 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): UT Catawba Creek-Latitude 35 degrees, 11 minutes, 21 seconds Longitude 81 degrees, 09 minutes, 05 seconds Page 2 of 3 C-WTP 06/2009 • NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 13. Critical low flow of receiving stream (summer 7Q10): N/A cfs If unknown, contact USGS by calling toll-free 1-888-ASK-USGS (1-888-275-8747) or using the USGS website at http://nc.water.usgs.gov/ 14. Please list all water treatment additives, including cleaning chemicals or disinfection treatments that have the potential to be discharged. Chlorine (sodium hypochlorite) Greensand Filtration- KMN04-(Regenerant for Fe / Mn) Please answer the following basic questions about your additives: (circle one) Does the facility backwash with fluoridated, finished water? nAte o ® ens Does the facility use zinc orthophosphate as a corrosive inhibitor? t< ; Someim Does the facility use chloramination (add ammonia) as a disinfectant? Does the facility backwash with chlorinated, finished water? tyiele, oe jmes 15. Is this facility located on Indian country? (check one) Yes ❑ No 16. Additional Information: > Provide a schematic of flow through the facility, include flow volumes at all points in the treatment process, and point of addition of chemicals. > Solids Handling Plan 17. NEW Applicants Information needed in addition to items 1-15: > New applicants must contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No > Analyses of source water collected > Engineering Alternative Analysis > Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 18. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Thomas J. Roberts President 86 COO Pr' e of Pe n S' i Title Signature of plicant Da 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, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed$25,000,or by imprisonment not to exceed six months, or by both. (18 U.S.C.Section 1001 provides a punishment by a fine of not more than$25,000 or imprisonment not more than 5 years,or both,for a similar offense.) Page 3 of 3 C-WTP 06/2009 9 ,'' 'WI 1,:%1,0„A-gal t''''''.0 . 4 Southgate WTP 2009 12 Cnth 3' mth MONTI� s t p (Avg.) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ; e F,.• ,Season Ave. AVE , s G TSS:; 0.0 0.0 0.0 2.5 5.4 5.7 6.0 5.4 53 6.0 5.6 13.6 6 4.6 MG/L u , ,, � Flow 0.0017 0•0017 0 0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017 0.0017E 0.0017 0.0017 ° Celsius 'T_ .W�;.,...:.r • .. ... i • vc ...,.-� .r....._ y+,s.m• _ _ _ _ .,,�...iw. j..: _ ..�- : ....vr �4edY1i,`�- .,.._,r .. A n _' 'Sci.. fi-_ ate.C�- .:4j yin.5... .�y 1" L r��S UnItS Southgate WTP 2009 ;t.7,,i_ MeaSUr (Max.) Jan Feb Mar Apr May Jun Jul Aug -. OctNov Dec [wily Max Daily Max DAILY MAX ment .' it-RC` <10 13.0 13.0 <10 15.0 20.0 14.0 15.0 16.0 11.0 15.0 <10 14.7 14.7 MG/L TSS <2.0 <2 0 <2.0 5.0 5.6 6.2 6.0 5.6 5.6 6.4 5.8 13 6 6 6 '. 6 6 #/100ML h 69 CMG L_ 1 a„ pF( 6.9 6.7 6.8 6.8 6.8 6.8 6.6 7.0 6.9 6.7 6.9 7.6 �' � :�_ / AQUA Aqua North Carolina,Inc. T:704.489.9401 North Carolina. 416$Sinclair Street F: 704.489.9409 Denver,NC 28087 www.aquanorthcarolina.com SLUDGE MANAGEMENT PLAN For Aqua North Carolina, Inc. No sludge will be treated on any wastewater treatment plant site operated by Aqua N.C., Western Division Where practical, sludge removed from a Aqua N.C., Western Division facility will be transported via a contract hauler to another Aqua N.C., Western Division facility for the purpose of"seeding" a new or under loaded plant. Unusable (or "dead") sludge will be removed by a contract hauler and properly disposed of in accordance with NCGS 143-215.1. Contract haulers used by Aqua N.C., Western Division will be required to report the quantity of sludge transported and identify the location of the proposed disposal site if the sludge is not taken to an existing plant operated by Aqua N.C., Western Division. Aqua N.C., Western Division has not entered into any agreement to accept sludge into its facilities from plants not owned by them. Aqua N.C., Western Division will keep records on the quantity of sludge removed from each facility, the name of the contract hauler, and the destination of the sludge (whether used in another plant or disposed of). The information will be kept on file and will be made available to any regulatory agency having jurisdiction over sludge treatment or disposal. Aqua N.C., Western Division includes all of the facilities under the jurisdiction of the Mooresville Regional Office. " (.____: ':\::'-',---:-\--\.,.:\‘('''Is':\ .. .‘„, 2,.., ,.. •i •%11 ~ ,:_, \�_��—/, ' ;a..-' Jim '� J _�-_,. :. (_. • ..,„1,0,,.. --,,...t.,--/- . .____ „, ......„: : �' y ';�� ;• .• '�._; `ter`• �`1••-'" -'lf"�• j f� 'y3� '1 •-,',' a\ / /I I, .....1 •\•' ;` .._•,• 4.,' ' s s':. no° \i. .-N •••%•.. 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(7...c?.... ,,,, ,. ---..\ \....\.„....7._...„— 13....-z-:._._.. ..9 -.-- i .---If k.iffil.... - (-)0t) )) k l/-/) / .' --\\.< . 4-'7 k( ; : i C..,:-..-'1',•-• •\ ,... :>,..)s-,,'N:-,iL\, -_----,_-_- . 4- Ki_i_ ),)^, .---\___:\ ....). ------,•,--,.__.... .› 4.? „.____ . ' , r-s,--z-,--::.0..`v,c:- \\;,.._},4 _--. .z•-: -.7...-.-/e -. .,‘----.--,,...- n..f., %,,, —..-,•-2/_-,--?rs,__ : irT.D.,-.-......E...1.,.1.,..\:‘,:::.„__) ..s.......,,.... --.....-___,-.1\ --....\\,,) ,.....______•;,,...,c, „...-..;\,_,..._, .;•- .401,,, 2,,,-,-:....:.icr......,- \ :„ �:•.LWPOS,j. S. C. /5 MI. `i. (BELM.NT) `'. i W r. w 4754 II NE -- 0, N Latitude:35°1 1'21" Facility Ittue , , F_ Quad# G14NW Location . •{ ,�H l Receiving Stream:UT Catawba Creek � r Stream Class:C Heater Utilities Subbasin:30837 Southgate WTP North SCALE 1:24000 Permit NC0069035 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Heater Utilities, Inc., is hereby authorized to: 1. Operate and discharge filter-backwash water from a drinking water well-purification system consisting of: • Groundwater source well. • KMn04 Injection for Iron removal. • Filtering through two (2) green sand filters. • Chlorination of finished drinking water. • Backwashing of Filters using finished water. • Discharging of backwash each day to two (2) buried settling tanks. • Estimated backwash flow is approximately 1,000 to 1,500 GPG. • Accumulated sludge is pumped and removed by a permitted septage hauler for disposal in one of Heater Utilities existing WWP. 2. Facility is located at the Southgate WTP southeast of Gastonia off NCSR 2712 in Gaston County. 3. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Catawba Creek, classified C waters in the Catawba River Basin. Michael F.Easley.Govern r pF W ATFq William G.Ross Jr..Secretary • 0 pG North Carolina Department of Environment and Natural Resources Vj Alan W.Klimek.P.E.Director Division of Water Quality o -c DIVISION OF WATER QUALITY July 26,2005 Mr. Mike Myers Heater Utilities P.O. Box 4889 Cary,North Carolina 27519 • Subject:NPDES Permit NC0069035 Southgate WTP Gaston County • Dear Mr. Myers: Our records indicate that NPDES Permit No.NC0069035 was issued on July 14,2005 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so,it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge(or operation),you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. For new permits/facilities,the Division may supply an initial small stock of these forms; however, if you fail to receive the forms,please contact this Office as quickly as possible. The forms, including directions for their completion, and other important information are also available at http://h2o.enr.state.nc.us/NPDES/documents.html. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual fee may be required for your facility; if so, you will receive a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special No` Carolina aturaIIkri DE N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. To maintain compliance with discharge limitations,proper operation and maintenance of a wastewater treatment facility and the development of a process control program are essential. For those facilities having chlorine tablet disinfection,please be advised that chlorine tablets approved for wastewater treatment use must be used; swimming pool tablets are not approved. Also, be advised that DWQ staff need to have access to the facility's discharge point into the receiving stream; please maintain a path along the outfall line to facilitate that access. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation(and/or criminal penalties)may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit,you should contact this Office immediately. A Special Order by Consent (SOC)may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit,then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason,P.E. Surface Water Protection Regional Supervisor A • NCDE ANDNAE MOORES‘` _ tir�itr- North Carolina Department of Environment and;Natural 6,esources Division of Water Quality Michael F.Easley,Governor i William G.Ross,Jr.,Secretary July 14, 2005 JUL 2 W.Klimek,P.E.,Director Minn' Mr. Mike Myers tri Heater Utilities, Inc. P.O. Drawer 4889 r' Cary, North Carolina 27519 � " Subject: Issuance NPDES Permit NC0069035 Southgate WTP Gaston County Dear Mr. Myers: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The permit contains the following significant changes from your current permit: ➢ A total residual chlorine (TRC) limit has been added to this permit. o The limit will take effect February 1, 2007, 18 months after the effective date of the final permit. ➢ The following parameters have been added based on the Division's Guidance for Green Sand Water Treatment System Discharges. o Fluoride,Total Zinc, Total Manganese and PH. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty(30)days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number(919)733-5083, extension 539. Sincerely, ORIGINAL SIGNED BY 1q:AN A tWIL.SONN' Alan W. Klimek, P.E. cc: Central Files Mooresville Regional Office/Surface Water Protection NPDES Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 512 N.Salisbury St.,Raleigh,North Carolina 27604 One Phone: 919-733-7015/FAX 919-733-2496/Internet:h2o.enr.state.nc.us North C arolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally Permit NC0069035 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Southgate WTP off NCSR 2712 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, Ill and IV hereof. This permit shall become effective September 1, 2005 This permit and authorization to discharge shall expire at midnight on August 31, 2010. Signed this day July 14, 2005 )RIGINAL SIGNED BY 'SAN A WILSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0069035 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Heater Utilities, Inc., is hereby authorized to: 1. Operate and discharge filter-backwash water from a drinking water well-purification system consisting of: • Groundwater source well. • KMn04 Injection for Iron removal. • Filtering through two (2) green sand filters. • Chlorination of finished drinking water. • Backwashing of Filters using finished water. • Discharging of backwash each day to two (2) buried settling tanks. • Estimated backwash flow is approximately 1,000 to 1,500 GPG. • Accumulated sludge is pumped and removed by a permitted septage hauler for disposal in one of Heater Utilities existing WWP. 2. Facility is located at the Southgate WTP southeast of Gastonia off NCSR 2712 in Gaston County. 3. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Catawba Creek, classified C waters in the Catawba River Basin. :.�'���~ j�% * - - • b, 1...\_CCJ)---"- -,--.7;-;'-: � _.-�1J •: c . -- ic::-. .N ._ ',,,' •:-.- --- 7f, * •• (4 ‘..._ !,,,.,„,..„.>. � ice r-1 \:` .,....,. ..----k. __Is:: \ `,lam -•'.s,\ (// I • - rs ' (•-- • ---. N" -• '' *'.. • '---4 '...--. 0 "r----ri s \ • �� ,�� 'w;I,� 21 „...__,, .. . /� "� Tel \ /` r` /`%s� ii 1( _ •� `'•tai l• .\Jj • �' /?I i i 1 \•�' ( - 4'-��) ` . ; �1, � •'/ '\ s . '.•. •l.: / ' � / i ,1[j A c I ... ,.•,.. ---"Nt.".••\,..."-.. j 2. :: ,,.. ."----....::___-,i3 • r?$—....-27" ,.. sk::: s-\c, .,' )1 . .. , . i-L? 1 - F „.0' I Cr___:-7------ \ ' (L 1--.4___)» % _ sP.- ' ?(li , \ _. ..„-• ( _,.., 000 , 4,.._....2...-.,_t - -1;) )iti „ „A-7.. , c..44 _ ,..'- li-:''..:;-k---•• "*.j ( ., --. •- c::::---:-:::—:_2...) .. /� ir i ) - -,- � f '�,\ -i _,: f> : /_ , _ , (( - -.'" --'-,." i , • —.7 -'..r.,„.„ ••,.."--j --\ \z.--..... I• . (.\,.. .2)7'6 (..7( t__,\.... - '''' \\:-..._::2 'ci,-;.'-•-) ,,.., ;(24-; *. !----) . .__,,2 \,„-fg(,\ ----N\ \ , , \ • iT, \ i:,./...i.L,(-25 -.------- \L a ,,1/4-, 14 - r -,x5":"5)\,,ra',.v. • i/1--iii:At F v_\*w.,_-7N,),-*V-\ • /, -.‘.....'.-':::.%\\s, S:j*::'i-...4),-W-,— -1.'7: -.! 6 ( L----,, CVA1)(.)[7\s - . ...;')\--'---- ---- •4`1—ss;1 ....--, r...ti. •.`I ,I c�`` T,-/1� (---- A f:.,:IVf'ORT.S.C. i5 MI. a. •1 (BE�M�NT! ►� w 4754 II NE > c�i, N Latitude:35°11'21" N C 0 0 6 9 0 3 5 Facility Longitude:8109'OS" Quad# G14NW Location _` Receiving Stream:UT Catawba Creek - i "' Stream Class:C Heater Utilities Subbasin:30837 Southgate WTP North SCALE 1:24000 Permit NC0069035 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow' 2/Month Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Residual Chlorine2 17 µg/L 2/Month Grab Effluent Fluoride] 1800 µg/L 2/Month Grab Effluent Total Iron Monthly Grab Effluent Total Zinc4 Monthly Grab Effluent Total Manganese Monthly Grab Effluent pH5 2/Month Grab Effluent Footnotes: 1. For instantaneous flow monitoring,the duration of the discharge must be reported in addition to the total flow. 2. Total Residual Chlorine limit takes effect February 2007. Until the limit takes effect,the permittee shall monitor TRC (with no effluent limit). 3. Fluoride should be monitored if the permittee fluoridates its finished water product. 4. Zinc shall be monitored if the Permittee uses any zinc-based additive in the water treatment process. 5. For discharges to fresh waters,pH will be limited in the range of 6-9 standard units. For salt waters,pH should be limited between 6.8 and 8.5 standard units. The Permittee shall collect all samples from a representative discharge event. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. NPDES Permit Requirements Page 1 of 16 • PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day • The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page2of16 a In accordance with (4) above,influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge"is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest"daily discharge"during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility,or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean,values of"0" (or"< [detection level]") shall be considered=1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform,the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301,302,306,307,308,318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section • 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act,is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301,302,306,307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page4of16 • d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306,307,308,318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall,upon conviction of violating the imminent danger provision, be subject to a fine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each•day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. - 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities,liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances,is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements • All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities,provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 • c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (1)]. 13. Permit Modification.Revocation and Reissuance.or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: > Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: > Visit the facility at least daily,excluding weekends and holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or. reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. • b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 • NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs,or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated;and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4)The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States: The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling • Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/ Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal,approved under 40 CFR 136, unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement,report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements • Page 11 of 16 6. Twenty-four flour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or(919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. • 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving • waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring • The Permittee shall,upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter(500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter(1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART W SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant,including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants,except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Requirements Page 14of16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively,revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,Section D,and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any •subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation • of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) &Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users,permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (Al) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct(A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection&Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users,compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit- limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31,except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain.appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR/DWQ /Pretreatment Unit 1617 Mail Service Center Raleigh,NC 27699-1617 • These reports shall be submitted according to a schedule established by the Director and shall contain the following: • a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non-Compliance (SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary(PPS) on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 NPDES Permit Requirements , Page16of16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records,water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Carolyn Bryant Date: April 19, 2005 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No.: NC0069035 MRO No.: 05-18 PART I-GENERAL INFORMATION 1. Facility and address: Southgate WTP Heater Utilities,Inc. Post Office Drawer 4889 Cary,N.C. 27519 2. Date of investigation: April 6, 2005 3. Report prepared by: Samar Bou-Ghazale,Env. Eng. I 4. Person contacted and telephone number: Mr. Mike Dycus, ORC,Heater Utilities, (704) 489-9404. 5. Directions to site: From the intersection of Hwy 274 and Beaty Road travel NE on Beaty Road approximately 2.1 miles. Turn left onto Fairgreen Drive. Turn left onto Rosehaven Drive. Turn left onto Townsend Drive. The facility is located at the intersection of Rosehaven and T-owasend Drive. w ),,213A1D6c- 6. Discharge point(s), List for all discharge points: - Latitude: 35° 11' 21" Longitude: 81° 09' 25" Attach a USGS Map Extract and indicate well site(s) and discharge point(s) on map. USGS Quad No.: G 14 NW, Gastonia South 7. Site size and expansion area consistent with application: Yes. 8. Topography(relationship to flood plain included): Moderate slope. The water treatment facility is not in a flood plain. Page Two 9. Location of nearest dwelling: Approx. 100 feet from the WWTP site. 10. Receiving stream or affected surface waters: UT to Catawba Creek. a. Classification: C b. River basin and subbasin No.: Catawba 030837 i- r c. Describe receiving stream features and pertinent downstream uses: Small Wet weather ditch. Downstream uses are typical for class C waters. PART II-DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: 0.0015 MGD b. What is the current permitted capacity:N/A c. Actual treatment capacity of current facility(current design capacity): 0.0015 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A 6c� c 's) rIt1 - (1`- �4-0 n e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of two (2) 1500-gallon backwash filters discharging into a drainage ditch near the well site leading to an unnamed tributary to Catawba Creek. f. Description of proposed WWT facilities: There are no proposed WWT facilities. g. Possible toxic impacts to surface waters: There are no toxic impacts known or expected. 2. Residual handling and utilization/disposal scheme: Residuals generation is not expected. 3. Treatment Plant Classification: Class I(no change from previous rating) 4. SIC Code(s): 4941 Wastewater Code(s): 22 MTU Code(s): 51101 PART III- OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved(municipals only)? No. 2. Special monitoring or limitations (including toxicity)requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A Page Three 4. Alternative Analysis Evaluation: N/A PART IV-EVALUATION AND RECOMMENDATIONS The permittee,Heater Utilities,has requested that the subject permit be renewed. The permit allows the discharge of filter backwash water from sand filters used in the removal of Iron and Manganese from well water. There have been no changes to the permit since the permit was last renewed. Pending final review and approval by the NPDES Unit,it is recommended that the permit be reissued to the applicant as requested. Signature of Report reparer Date 10Vos. \ '� Water Quality Region upervisor Date i \ •:.•:.•••••..'•--I:, -.,•• • •77.. 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'. ..... . _ ..,.. . . .... . ... •y. / ."...... .:% •-• -! 7 ., i•--.- . . - . • • -• ... • . .i ii!s•i1 • li !!. alie:35•114T Facility park:81 C 08'05" N006903 5 . ,. --.......,.._ - ... d# GlziNW Location — '47- --'-' • .Scream:Ur Camxwba Creek - --?.....' 3M CIMS:C Heater Utilities , 3asin:30827 SO uthg ate WTP Northl' ! ii SCALE 1 :24000 ' l A rFR / Michael F.Easley,Governor William G.Ross Jr.,Secretary I • ✓ S/ North Carolina Department of Environment and Natural Resources Ca - J Alan W.Klimek,P.E.Director Division of Water Quality January 21,2005 Jerry H.Tweed Vice President P.O. Drawer 4889 Cary,North Carolina 27519 Subject: Receipt of permit renewal application NPDES Permit NC0069035 Southgate Subdivision WTP Gaston County Dear Mr.Tweed: The NPDES Unit received your permit renewal application on January 18,2005. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 363. Sincerely, )CLA-YlkA)\ Carolyn Bryant Point Source Branch cc: CENTRAL FILES Mooresville Regional Office/Water Quality Section NPDES Unit JAN 24 One N hCarolina atura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper r 202 MacKenan Court Cary,North Carolina 27511 ` phone:919.467.7854 liteiniaitty:s fax:919.460.1788 WATER AND WASTEWATER SERVICES P.O.Drawer 4889,Cary,NC 27519 January 11, 2005 Mr. Charles Weaver North Carolina DENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit Renewal - NPDES Permit No. NC0069035 Southgate Subdivision WTP Dear Mr. Weaver: Enclosed is the original and two copies of the permit renewal application for the above-described discharge permit. This permit involves the discharge of backwash water from iron/manganese removal filters at a community well serving Southgate subdivision in Gaston County. Generally, one filter will backwash each day onto the ground near the well lot located in the subdivision with an estimated backwash flow of approximately 1,000 to 1,500 gallons per day. There is no pretreatment of the backwash water prior to the discharge, although it passes through a settling tank. Although no sludge has historically accumulated or been removed from the settling tanks, if needed, the sludge would be pumped by a permitted septage hauler and disposed of in one of Heater's existing wastewater treatment plants or into a properly permitted municipal facility. If I can provide further information, please do not hesitate to contact me at 919-467-8712, Ext. 37. Sincerely, .. hyH. - 4:711/ Vice President JHT/rt Enclosure NPDES PERMIT APPLICATION - SHORT FORM C-WTP For discharges associated with conventional water treatment plants N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INC0069035 Please print or type 1. Contact Information: Facility Name Heater Utilities, Inc. (Southgate Subdivision WTP) Owner Name Heater Utilities, Inc. Attn: Jerry Tweed Street Address P.O. Drawer 4889 City Cary, State / Zip Code North Carolina 27519 Telephone Number ( 919 ) 467-7854. Fax Number ( 919 ) 460-1788 e-mail Address jhtweed@aquaamerica.com Operator Name Mike Dycus c/o Heater Utilities, Inc. Street Address P.O. Box 859 City Denver State / Zip Code North Carolina 28037 Telephone Number ( 704 ) 489-9404 2. Location of facility producing discharge: Facility Name (If different from above) Southgate Subdivision WTP Street Address or State Road Off NCSR 2712 City / Zip Code County Gaston 3. Standard Industrial Classification (SIC) Codes: 4941 4. Principal process(es): Filter backwash from community well water system 5. Ownership Status: Federal State Private 1< Public 6. Check here if discharge is continuous n If not continuous, Frequency of discharge during the day: One Per Day Frequency of discharge during the month (week): Seven Days per Week 7. Number of separate discharge points: One 8. Description of source water(s) (i.e. groundwater or surface water): Groundwater Page 1 of 2 Version—08/03 NPDES PERMIT APPLICATION - SHORT FORM C-WTP For discharges associated with conventional water treatment plants 9. Name of receiving stream(s) (Provide of map of exact location of each outfall, including latitude and longitude: Catawba Creek, Catawba River Basin 10. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Permit Number Type Permit Number None (-1 Non-Attainment UIC Ocean Dumping EJ NPDES NC0069035 Dredge/Fill Permits PSD RCRA NESHAPS 0 Other 11. Is this facility located on Native American lands? (check one) YES NO x 12. Please list all water treatment additives, including cleaning chemicals, that have the potential to be discharged. Chlorine 13. For NEW water treatment plants, please submit all analyses of source water collected. N/A I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Jerry H. Tweed Vice President Printed name of Person Signing Title 1 /13%5 Si ture of p icant Date N h Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or c rtification in any application, record, report, plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years,or both,for a similar offense.) 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'•••.--," /1'7". i. . . .. • • -• • • -- .. . !, '.:• 's 7:••/I.': ": ,*.' t,k,"/./i '/ ,'. ,.,,t / ....N. - .,..-:_. ;-..1...•-•:----.,1( • • - , .. ...,..__... ., ._.... . . . •„ . . . • '11. .1.; •ii . . bxle:35°11'40" NC006903 5 Facility -- . gitixie:81°08'06" z,d# G14NW Location 1 ; 2iving Stream:UP Catawba Creek am Class:C Heater Utilities 3asin:30&17 South WTP gate -' North SCALE 1 :24000 ..' /11) D Performance Annual Report I. General Information r* 711 i r Facility/System Name: Southgate Responsible Entity: Aqua North Carolina DENR - WATER QUALITY Person in Charge/Contact: Tom Roberts POINT OINT. SOURCE B RA N C F-I Applicable Permit (s): 04.1t50,4n Description of Collection System or Treatment Process: This facility discharges backwash water from the iron removal filters serving this community water system. After backwash and prior to discharge, liquid feed de-chlorination takes place. II. Performance Text Summary of System Performance for Calendar Year 2008 This facility consistently met the discharge permit limits in 2008. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant— No Flow February Compliant ' �y V CAS . _ March Compliant April Compliant P.'AR 6 7009 May Compliant DW'Q- u;face Water Pic!, June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers will receive a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Lt • k,d )ta I v Date: 02/28/09 Responsible Person Title: Regional Compliance Manager Entity: Aqua North Carolina, Inc. o�OF WA 9QG Michael F. Easley ©TA Governor r NC EENR William G. Ross,Jr., Secretary • > _ North Carolina Department of Environment andtft 0 ResourcggyET Gregory J.Thorpe,;�P :b:,Acting DirectorJRCES Division`of Water Quality f. F1C September 28,2001 Mr.Jerry H.Tweed OCT 0 4 2001 Heater Utilities,Inc. )1 P.O. Drawer 4889 J.y Cary,North Carolina 27519 `^ W�:El s n noN Subject:Issuance of NPDES Permit NC0069035 Southgate WTP Gaston County Dear Mr.Tweed: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30) days following receipt of this letter. This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Charles Weaver at telephone number (919) 733-5083,extension 511. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Gregory J.Thorpe,Ph.D. cc: Central Files NPDES Unit Point Source Compliance Enforcement Unit N.C.Division of Water Quality/NPDES Unit Phone:(919)733-5083 1617 Mail Service Center,Raleigh,NC 27699-1617 fax:(919)733-0719 Internet:h2o.enr.state.nc.us DENR Customer Service Center.1 800 623-7748 Permit NC0069035 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Southgate WTP off NCSR 2712 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, III and IV hereof. This permit shall become effective November 1, 2001. This permit and authorization to discharge shall expire at midnight on August 31, 2005. Signed this day September 28, 2001. • ORIGINAL SIGNED BY SUSAN A. WILSON Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0069035 SUPPLEMENT TO PERMIT COVER SHEET Heater Utilities, Inc., is hereby authorized to: 1. Continue to discharge filter-backwash wastewater from a well-purification system located at the Southgate WTP southeast of Gastonia off NCSR 2712 in Gaston County. 2. 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' ' ' • • • • ( •,..—:-- . .,, .... ,>, /// / ../i )10 t i . „. .. . . ...„ ... •1 .7. / :.;X • „...,...,„1 ••<..._.,;( • % '7 ( •-- • i --.. _.. . __... • • • Latitude:35°11'40" N C0069035 Facility - . .• - . - Longitude:81°08'05" Quad# G14NW Location ,.. Receiving Steam yr Catawba Cieek Stream Class:C Heater Utilities Subbasin:30837 Southgate WTP North SCALE 1 :24000 Permit NC0069035 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS • MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Location1 Average Maximum Frequency Flow Quarterly Estimate Effluent Total Suspended Solids 30.0 mg/I 45.0 mg/1 Quarterly Grab Effluent Settleable Solids 0.1 mg/I 0.2 mg/I Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream&Downstream Iron Quarterly Grab Effluent Total Residual Chlorine Quarterly Grab Effluent Aluminum3 Quarterly Grab Effluent Footnotes: 1. Upstream=at least 50 feet upstream from the outfall. Downstream=at least 100 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 3. Aluminum monitoring is required only if the facility utilizes alum flocculation. All samples should be collected from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or"the Division" Means the Division of Water Quality,Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended, 33 USC 1251,et. seq. 5. Mass/Day Measurements a. The "monthly average discharge"is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average"in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average"in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average"under"Other Limits"in Part I of the permit. Part II Page 2 of 11 6.b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under"Other Limits"in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits"in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average"under"Other Limits"in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average"in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation"in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods:January through March,April through June,July through September,and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample:A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or Part II Page 3 of 11 8.a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single,continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour,and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. Part II Page 4 of 11 1.b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law,a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. Part II Page 5 of 11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration,or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality,State,Federal,or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager,operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part II Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification.Revocation and Reissuance.or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Tide 15A of the North Carolina Administrative Code,Subchapter 2H .0100;and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Tide 15A NCAC Chapter 8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Tide 15A,NCAC Chapter 8G.0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50%complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4.b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c.and d.of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6.of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The permittee submitted notices as required under Paragraph c.of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the permittee can identify the cause(s) of the upset; (2)The permittee facility was at the time being properly operated;and (3)The permittee submitted notice of the upset as required in Part II,E. 6. (b) (2) of this permit. (4)The permittee complied with any remedial measures required under Part II,B. 2.of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8 of 11 6. Removed Substances Solids, sludges, filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director,DEM,postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/ Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 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. Part II Page 9 of 11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with,or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph,punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place,and time of sampling or measurements; b. The individuals)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director,or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. Part II Page 10 of 11 SECTION E REPORTING REOUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II,D. 4. of this permit or in the case of sludge use or disposal,approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. Part II Page 11 of 11 6.b. The following shall be included as information which must be reported within 24 hours under this paragraph: • (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. -As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. • PART III OTHER REQUIREMENTS • A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels"; • (1) One hundred micrograms per liter(100 µg/L); (2) Two hundred micrograms per liter(200 µg/L) for acrolein and acrylonitrile;five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter (l mg/L) for antimony; (3) Ten(10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty(60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. SOC PRIORITY PROJECT: NO To: Permits and Engineering Unit Water Quality Section Attention: Valery Stephens Date: April 19, 2001 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No.: NC0069035 MRO No.: 00-71 PART I- GENERAL INFORMATION 1. Facility and Address: Heater Utilities Southgate WTP PO Box 4889 Cary,NC 27519 2. Date of Investigation: April 19, 2001 3. Report Prepared By: B. Dee Browder, Environ. Engr. I 4. Person Contacted and Telephone Number: Dennis Frankur, (704)867-7778 5. Directions to Site: From the intersection of Hwy 274 and Beaty Road travel NE on Beaty Road approximately 2.1 miles. Turn left onto Fairgreen Drive. Turn left onto Rosehaven Drive. Turn left ontoTownsend Drive. The facility is at the intersection of Rosehaven and Townsend Drive. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35° 11' 21" Longitude: 81° 09' 25" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G14NW Gastonia South 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Moderate slope. the water treatment facility is not in a flood plain. 9. Location of Nearest Dwelling: Approx. 100 feet from the WWTP site. Page Two 10. Receiving Stream or Affected Surface Waters: UT to Catawba Creek. a. Classification: C b. River Basin and Subbasin No.: Catawba 03-08-37 c. Describe receiving stream features and pertinent downstream uses: Small Wet weather ditch. Downstream uses unknown. PART II -DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: Intermittent discharge. b. What is the current permitted capacity: Not specified. c. Actual treatment capacity of current facility (current design capacity): Not specified. d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of two (2) 1500-gallon backwash filters discharging onto the ground near the well site. f. Description of proposed WWT facilities: N/A g. Possible toxic impacts to surface waters: There are no toxic impacts expected. h. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: a. If residuals are being land applied specify DEM Permit No. N/A. Residuals Contractor: N/A Telephone No. N/A b. Residuals stabilization: PSRP PFRP c. Landfill: N/A 3. Treatment Plant Classification: Class (no change from previous rating). 4. SIC Code(s): 4941 Wastewater Code(s): 22 5. MTU Code(s): 51101 Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved(municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A Submission of plans and specifications Begin Construction Complete construction 4. Alternative Analysis Evaluation a. Spray Irrigation: N/A b. Connect to regional sewer system: N/A c. Subsurface: N/A d. Other disposal options: N/A PART IV -EVALUATION AND RECOMMENDATIONS Heater Utilities Inc. request that the NPDES permit for Southgate WTP be renewed. The Mooresville Regional Office recommends renewal of this permit. (/ /irg - o Signature of Report Preparer ate Water Quality Regional Supervisor / Date h:\dsr\dsr99\.dsr tate of North Carolina ➢ IJ Department of Environment IA711111111rilriiand Natural Resources � lDivision of Water Quality : 1' lfr Michael F. Easley, Governor Y y William G. Ross, Jr., Secretary 1DE4R Kerr T. Stevens, Director NORTHF, YRECNIONc �:� ENVIRONMENT AND A?E, LRCES March 30. 2001 ! „ Mr. Jerry Tweed APR 4 2001 Heater Utilities, Inc. PO Drawer 4889 Cary,North Carolina 27519 WATER QUALITY SECTION Subject: NPDES Permit Renewal Application Permit NC0069035 Southgate WWTP Gaston County Dear Mr. Tweed: The NPDES Unit received your permit renewal application on March 26, 2001. Thank you for submitting this package. The permit renewal for this facility has been assigned to Charles Weaver. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a year and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0069035 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit,please contact Charles Weaver at(919) 733-5083,extension 511. Sincerely, UCALc1 Sf-t-t--� Valery Stephens Point Source Unit ccrifttouicNvIll ,Regional Office, Water Quality Section NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET @ httpJ/h2o.enr.state.nc.us/NPDES Valery.Stephens@ncmail.net 1oi5" 'ui G ATE ( A661 Michael F. Easley • pF W ATF9 �A Governor p� . ©DEL William G. Ross,Jr.,Secretary r North Carolina Department of Environment and Natural Resources 0 �►-< Kerr T.Stevens, Director k. Division of Water Quality February 28,2001 ? JERRY H.TWEED MAR 3 2001 Heater Utilities,Inc. P.O.Box 4889 Cary,NC 27519 Subject: Renewal Notice v , cp' l IT SEC j t NPDES Permit NC0069035 1� xi SOUTHGATE WTP Gaston County Dear Permittee: The subject permit expires on September 30,2001. North Carolina Administrative Code(15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than April 5,2001. Failure to request renewal of the permit by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30,2001 (or if continuation of the permit is desired),the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact Bob Sledge of the Division's Compliance Enforcement Unit at(919)733-5083,extension 547. You may also contact the Mooresville Regional Office at(704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions,please contact me. My telephone number,fax number and e-mail address are listed at the bottom of this page. Sincerely, VOA- Vacry Stephens Point Source Branch cc: Central Files NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail:valery.stephens@ncmail.net NPDES Permit NC0069035 Heater Utilities, Inc. Gaston County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). U A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of April 5, 2001, submit the application package without the PPA. Submit the PPA as soon as possible after April 5,2001. The above requirement does NOT apply to municipal or non-industrial facilities. TTTTTTTTTTTtt PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. TTTTTTTTTTTTtt Send the completed renewal package to: Ms. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment • and Natural Resources Alf Division of Water Quality James B. Hunt, Jr., GovernorI"ICDENR Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES August 12, 1999 Mr.Jerry H.Tweed Heater Utilities, Inc. P.O. Box 4889 AUG 20 1999 Cary, North Carolina 27519 Subject: NPDES Permit Modification - Ownership Change Permit NC0069035 Southgate WTP Gaston County Dear Mr. Tweed: In accordance with your request received June 22, 1999, the Division is forwarding the subject permit modification. This modification documents the change in ownership at the subject facility. Also, monitoring for pH has been deleted. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 276 1 1-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at the telephone number or address listed below. Sincerely, err T. Stevens cc: Central Files -,e8vfille' "{i,/ 9 m�P,. om ��'Lr sectl NPDES Unit Point Source Compliance Enforcement Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 511 (fax)919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us Permit NC0069035 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Southgate WTP off NCSR 2712 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, III and IV hereof. This permit shall become effective August 12, 1999. This permit and authorization to discharge shall expire at midnight on September 30, 2001. Signed this day August 12, 1999. 411/7:(L- A , /1041,e/i /1° err T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0069035 SUPPLEMENT TO PERMIT COVER SHEET Heater Utilities, Inc., is hereby authorized to: 1. Continue to discharge filter-backwash wastewater from a well-purification system located at the Southgate WTP southeast of Gastonia off NCSR 2712 in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Catawba Creek, classified C waters in the Catawba River Basin. M.;',, ' • )--) . --/ "-' ( ./......\// 1 . •• .- .>•-•,-/ '-!-"'`',,A:11-')i.... .......:: 12'3 1:-";\-"v.:7.... ' / ..., .4.,17,F,f '-',._,....7),. I ,' i ( • •-,,',---\/;;t---,...,"4?-€2 1\1 L. 1 \ // •VI__--)\•.\ -,'-'' ''.' 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Longitude:8r08'05" Location Qua:1# G14NW Receiving Stinam:UT Catawba Creek Heater Utilities -®- Streaoa Class:C Subbasin:30837 Southgate WTP North SCALE 1 :24000 Permit NC0069035 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFL .- OHM 1NMON1t0O REQUIREM, CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Location.; ABrag a in. Frequency__..,.rt _...... .: Flow Quarterly Estimate Effluent Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab Effluent Settleable Solids 0.1 mg/I 0.2 mg/I Quarterly Grab Effluent Turbidity2 50 NTU Quarterly Grab Upstream&Downstream Iron Quarterly Grab Effluent Total Residual Chlorine Quarterly Grab Effluent Aluminum3 Quarterly Grab Effluent Footnotes: 1. Upstream=at least 50 feet upstream from the outfall; Downstream=at least 100 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 3. Aluminum monitoring is required only if the facility utilizes alum flocculation. All samples should be collected from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. State of North Carolina Department of Environment, Health and Natural Resources 4 S • Division of Water Quality • ;. James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1ED e x A. Preston Howard, Jr., P.E., Director te NATURAL ,,,; ,T� RCEs September 16,1996 SEP 19 1996 Mr.Kim Colson DIVISION OF EI;V";`;rMENTAL 4ANAGEAIENT Mid-South Water Systems MOIIESVIE REGIONAL OFFICE P.O. Box 127 Sherrills Ford, North Carolina 28673 Subject: NTDES Permit Issuance Permit No. NC0069035 Southgate WTP Gaston County Dear Mr.Colson: In accordance with the application for a discharge permit received on June 11, 1996, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6,1983. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality 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 Mary Cabe at telephone number(919)733- 5083,extension 518. Sincerely, Original Signed By David A. Goodrich A.Preston Howard,Jr.,P.E. cc: Central Files RiIooresville Regional Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facility Assessment Unit P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper 1 R Permit No. NC0069035 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mid South Water Systems, Inc. is hereby authorized to discharge wastewater from a facility located at Southgate WTP southeast of SR 2712 and SR 2711 (Rosehaven Drive &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, III, and IV hereof. This permit shall become effective October 1, 1996. This permit and authorization to discharge shall expire at midnight on September 30, 2001. Signed this day September 16, 1996. Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0069035 N.C. P r PT. o SUPPLEMENT TO COVER SHEET ENvllznr... : .,, T 1 to Nn f I.TR SEP 1,9 1996 Mid South Water Systems,Inc. Q►�rs , p S 'fE;YT is hereby authorized to: 1. Continue the discharge of filter backwash from a well water purification system located at Southgate WTP, southeast of SR 2712&SR 2711 (Rosehaven Drive &Woodbridge Drive), southeast of Gastonia,Gaston County, 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. .1J;2' '. '.1 '-----'7-$-//:'--,''---" .--- : i ---,..1,-- -g---: , ;----: ;"'," --- :',:-:-. 1; )) ____'--,.— ,,../,;:'_,, -.4 ' \, iii / - .._,‘. ' \ ' -•---\ 1 li'1:- ',:_s ,,.-- . --,\,-1`4•'/Gstof;fij,l .\---'-'-----7\ , /, i s ‘••; N 7 7 (, - Z74 . 1• /' ___'__.• 44: .//;Airprt" .! , 1. ,�J •i �' I r ,•\ , • ,, �< ,� -ter \� \�, / l \, / r• ",. __ i,.. ice. ' /�-- - I 7 c j • ; /� / i i _ q' / J • c \ ifs /. ' ~W • _. -Y• Sands Plains �_ _ I' 5 —- - •qh / r o�ll(- �•, % ^, ; , ;• lei " \,, --�,— ' 3893 Un -, nio )„✓�. • C _ - '\ mil \\,,,_ 1 ;v u 7 / \hL— :7 1 -- 7 I 1 III • it ROAD CLASSIFICATION SCALE 1 :24 000 PRIMARY HIGHWAY LIGHT-DUTY ROAD,HARD OR 0 1 MILE HARD SURFACE MINNIMENIN IMPROVED SURFACE x SECONDARY HIGHWAY 0 7000 FEET HARD SURFACE =OM= UNIMPROVED ROAD = = _ :.tea-az.-e,,..rs 1 0 1 KILOMETER Latitude; 35°11'40" Longitude: 81°08'05" pggiwoa ..-.. - i I Map # G14NW Sub-basin 030837 CONTOUR INTERVAL 10 FEET Stream Class C •QUAD LOCATION Mid South Water Systems Discharge Class 22-GW filter backwash y Southgate WTP Receiving Stream UT to Catawba Creek NC0069035 Permit exp. 9/31/01 Ow 0.0008 MCA Gaston County 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 (specifyl Measurement Sample *sample Mon. Avg, Daily Max Mon. Avg, Daily Max, Frequency Type Location Flow Quarterly Estimate E Total Suspended Solids 30.0 mg/I 45.0 mg/I Quarterly Grab E Settleable Solids 0.1 m I/I 0.2 m I/I Quarterly Grab E Turbidity * * * * Quarterly Grab U, D Iron Quarterly Grab E Total Residual Chlorine Quarterly Grab E Aluminum*** Quarterly Grab E * Sample Location: E-Effluent,U-Upstream 50 feet from the discharge,D-Downstream 100 feet from the discharge **The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions,the discharge level cannot cause any increase in the turbidity in the receiving water. *** Aluminum monitoring is required only if facility utilizes alum flocculation. All samples collected should be of a representative discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored quarterly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or"the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday-Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as 'Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is,therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week(arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits"in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day,the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods:January through March, April through June,July through September,and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3)a single,continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6)hours nor the number of samples less than four(4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11.Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12.Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed$10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions,or requirements of a permit. [Ref: North Carolina General Statutes§ 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$125,000. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319. Furthermore,the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. Part II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation,or(b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million(in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued,or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c.and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II,E.6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C)The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (I) of this section. Part II Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3)The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids,sludges, filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level)approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date,exact place, and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices,or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit,using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503,or as specified in this permit,the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. • Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction,be punished by a fine of not more than$10,000 per violation, or by imprisonment for not more than two years per violation,or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter(100 ug/l); (2)Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter(1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1)Five hundred micrograms per liter(500 ug/l); (2) One milligram per liter(1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty(60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEL 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. 7 State of North Carolina Department of Environment, Health and Natural Resources 7Till?Jr Mooresville Regional Office 0-.............2101" James B. Hunt, Jr., Governor E E H N R Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY September 20, 1996 Mr. Kim Colson Mid-South Water Systems Post Office Box 127 Sherrills Ford, North Carolina 28673 Subject: NPDES Permit No. NC0069035 Southgate WTP Gaston County, NC Dear Mr. Colson: Our records indicate that NPDES Permit No. NC0069035 was issued on September 16, 1996 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4 . Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation) , you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1) , plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s) . 919 North Main Street, �y� FAX 704-663-6040 Mooresville,North Carolina 28115 ir CAn Equal FAX Action Employer Voice 704-663-1699 50%recycled/10%post-consumer paper Mr. Kim Colson September 20, 1996 Page Two The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215. 6 of the North Carolina General Statutes. A civil penalty of up to $10, 000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded or transferred to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG: ls SOC PRIORITY PROJECT: Yes No X To: Permits and Engineering Unit Water Quality Section Attention: Mary Cabe Date: August 15, 1996 NPDES STAFF REPORT AND RECOMMENDATION County: Gaston Permit No. NC0069035 MRO No. 96-157 PART I - GENERAL INFORMATION 1. Facility and Address : Mid South Water Systems, Inc. Southgate Subdivision WTP Post Office Box 127 Sherrills Ford, North Carolina 28673 2 . Date of Investigation: 08-14-96 3 . Report Prepared By: G. T. Chen 4 . Persons Contacted and Telephone Number: None. (Kim Colson, 704/478-2785) 5 . Directions to Site: From the junction of Fairgreen Drive (SR 2664) and Beaty Road (SR 2439) travel west on SR 2663 approximately 0 .25 mile to Rosehaven Lane (SR 2712) . Turn left and proceed south on SR 2712 approximately 250 feet to Woodbridge Drive (SR 2711) . The water purification facility is on the south side of the SR 2712/SR 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 U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No. : G 14 NW USGS Quad Name: South Gastonia 7 . Site size and expansion are consistent with application? Yes . 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. 10 . Receiving stream or affected surface waters : Unnamed tributary to Catawba Creek. a. Classification: C b. River Basin and Subbasin No. : Catawba and 03-08-37 c. Describe receiving stream features and pertinent downstream uses : The 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 . a. Volume of wastewater to be permitted: MGD* (Ultimate Design Capacity) *Intermittent Discharge. b. What is the current permitted capacity of the wastewater treatment facility? Not specified. c. Actual treatment capacity of the current facility (current design capacity) ? Not specified. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years : None. e. Please provide a description of existing or substantially constructed wastewater treatment facilities : Existing facility consists of two (2) 1,500-gallon capacity septic tanks, in parallel, for solids removal, if any. f. Please provide a description of proposed wastewater treatment facilities : N/A. g. Possible toxic impacts to surface waters : None. h. Pretreatment Program (POTWs only) : N/A. 2 . Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM Permit No. : N/A. Residuals Contractor: N/A. Telephone No. : N/A. NPDES Permit Staff Report Version 10/92 Page 2 b. Residuals Stabilization: PSRP: N/A. RFRP: N/A. Other: N/A. c. Landfill: Accumulated solids, if any, will be removed and disposed in a county landfill . d. Other disposal/utilization scheme (specify) : N/A. 3. Treatment plant classification (attach completed rating sheet) : Discharging filter backwash water, no rating given. 4 . SIC Code(s) : 4941 Wastewater Code(s) : Primary: 22 Secondary: Main Treatment Unit Code: 51101 PART III - OTHER PERTINENT INFORMATION 1 . Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only) ? No. 2 . Special monitoring or limitations (including toxicity) requests : None. 3 . Important SOC, JOC or Compliance Schedule dates : (please indicate) N/A. 4 . Alternative Analysis Evaluation: Has the facility evaluated all of the non-discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: N/A. Connection to Regional Sewer System: N/A. Subsurface: N/A. Other Disposal Options : N/A. 5 . Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? There are no known air quality, groundwater or hazardous materials concerns. NPDES Permit Staff Report Version 10/92 Page 3 6 . Other Special Items : None. PART IV - EVALUATION AND RECOMMENDATIONS Mid South Water Systems, Inc. requests that NPDES Discharge Permit NC0069035, which was issued to Ruff Water Company, be renewed with a name change to Mid South Water Systems, Inc. It is recommended that the Permit be renewed and issued to Mid South Water Systems, Inc. Signature o"f Report Preparer / - 1. c .. / --.ice, Water Quality Regional Supervisor v Date NPDES Permit Staff Report Version 10/92 Page 4 c•-f-._,.,\ */: \ L..S L....,1_ : ‘.\t—\\ ili/ .. (...\ ., \ *.N. • . ) .: :/.r.),.,.i' ‘1, , \ ;• : ' r . , . .,N . \\,,-,-----3r 4,41..J\ ( ., .. A, ,c'\\J4 ,( .. -----LI i :_ (.__, 2.... , , f(tr I ) / ,‘ --) , ,7---7.„------\\ .. r , V ; - ____:3) 13 l___,- ji---.6,\ • c111-) •(i.ji '• r•-• 7 .\\.1 (. I _A' .___ . 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Mid Sou t Wa i i Sys7h--eiv5 .roc NC o0 69. 35 Jas-74,4 eed4 / 'Irmo ituynefFitivrd . /0,,tre r YATE: 30 �r .6 _ 2 / `I �7�' TO: 'Vd (76“- 1�� O SUBJECT: NCO C l O 5 CC 1/N cel) ,,rr • c..• G'(-\ A r\ co,,- fpr „Te G \ c L'./�d C, �pL� M�n� I�vn rPf•-‘ �� �� S AcGc- r fin wThe e cod\e©,� S\ \ I.�S • From: Mnv xo ys iiii‘7641 North Carolina Department of Environment, -� f Health, and Natural Resources g�� prin�edonRecycledPaper "ecru/ d---7/2 -9,c Systems, Inc.Water (� L —14.1111111111.1111111.....—ID SOUTHeri PO Box 127 5 �"(S Sherrills Ford, North Carolina 28673 ?j (704)478-2785 a May 31, 1996 , /14, b Mr. David A. Goodrich Permits and Engineering Unit Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 RE: WTP Permit Renewals &T-FI Southgate R'C-#37 NPDES Permit No. NC0069035 = u_t_s7 Foxrun . Inc -92- \. cam. NPDES Permit No. NC0072061 Gaston County, NC Dear Mr. Goodrich: Attached hereto, please find the completed Application for Permit to Discharge - Short Form D, and two checks in the amount of $400.00 each for the permit renewal fee for the above referenced water systems. We are requesting renewal of these permits, which were previously listed under Ruff Water Systems, Inc. We recently purchased these systems; therefore, the applicant will now be Mid South Water Systems, Inc. We are currently looking into non-discharge alternatives for these water systems. If you have any questions regarding the renewal of these permits, or the application, please contact Kim Colson, P.E., Vice-president of Engineering, MSVVS, Inc., at (704) 478-2785, ext. 25. Sincerely, ppy� MID SOUTH WATER SYSTEMS, INC. ���p, rt.; ,_ ;: f �•c AUG .. Thomas Carroll Weber President ' 'ORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT/WATER QUALITY SECTION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE-SHORT FORM D 4 (00 I 9 3 TO BE FILED ONLY BY DISCHARGES OF 100% DOMESTIC WASTE(< 1 MGD FLOW). g7yez/z North Carolina NPDES Permit No. N C 0 0 6 9 0 3 5 joo b� (if known) `7 Please print or type fra �'�Q 1. Mailing address of applicant: Facility Name Southgate WTP J Owner Name Mid South Water Systems, Inc. Street Address Post Office Box 127 City Sherrills Ford State North Carolina ZIP Code 28673 Telephone No. ( 704 ) 478-2785 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Kim Colson, P.E. or Tonv Parker Street Address or State Road Southgate Subdivision City Gastonia County Gaston Telephone No. ( ) 3. This VPDES Permit Application applies to which of the following : Expansion/Modification * Existing Unpermitted Discharge Renewal x New Facility " Please provide a description of the expansion/modification: 4. Please provide a description of the existing treatment facilities,: Settling Pa,e ; of 2 Version 1/95 r r!s� 5. Please indicate the source of wastewater from the description of facilities listed (check where applicable): Type of Facility Generating Wastewater Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other x " Please describe source of wastewater (example: subdivision, mobile home park, etc.): Groundwater filter backwash 6. Number of separate wastewater discharge pipes/wastewater outfalls (if applicable): 1 7. If separate discharge pipes, describe the source(s) of wastewater for each pipe: 1 6. Name of receiving water or waters: (Please provide a map showing the exact location of discharge) Unnamed tributary to Catawba Creek I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Thomas Carroll Weber Printed Name of Person Signing President of MSWS. Tnc. May 31, 1996 Date Application Signed Signature of Applicant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any .false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine,not to exceed 510,00J, or by imprisonment not to exceed six months, or by both. (18 U.S.C.Section 1001 provides a punishment by a fine of not more than S10,000 or imprisonment not more than 5 years, or both fc'r a similar offense.) Pace 2 of 2 Verson 1/95 EFFLUENT ' NPDES PERMIT NO. NC0069035 Discharge No.: 001 Month: MAY Year: 2008 Facility Name: SOUTHGATE WTP 001 Class: PC 1 County: GASTON Operator in Responsible Charge(ORC): Audw' illiams Grade: PC 1 Phone: 704-489-9404 X 232 Certified Laboratory(1): Water Tech Labs I #50 (2) CHECK BOX IF ORC HAS CHANGED I PERSON(S)COLLECTING SAMPLES Operators (,� ,0.Mail ORIGINAL and ONE COPY to: X . (A)JtJ 1N✓-- Q6-02—3 6- ATTN:CENTRAL FILES (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE DIVISION OF WATER QUALITY BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS ' - B 1617 MAIL SERVICE CENTER ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. SVV E RALEIGH,NC 27699-1617 JUL 112008, 50050 00400 50060 00530 01045 01055 Hv * FLOW 0 v o : EFF ❑ Z i< - ;.1 0 il 1 S M I R y 6, -8 ,.-1 7 INF ❑ = z n. = ce z H< 8 ? g 0 O 2 n C O a - ..J < 0 A � a.O U II: 0 7 n W F G G Q Q a C� < FO CG x 0 p 0 H H HRS HRS Y/B/N MGD MIN UNITS 0 UG/L MG/L MG/L MG/L 1 1037 0.5 Y 0.0017 24 7.0 < 10 <2.0 0.105 0.852 2 3 4 5 6 7 8 9 10 11 REC[ivkb 12 13 i 14 857 0.75 Y 0.0017 24 6.7 < 10 <2.0 15 16 J t2 2 c 1 17 1 9 MR� 20 DWG-SurfaceNCDENR Wader Protection 21 22 23 24 25 26 27 28 29 30 31 AVERAGE 0.0017 24 0 0.0 0.105 0.852 MAXIMUM 0.0017 24 7.0 <10 <2.0 0.105 0.852 MINIMUM 0.0017 24 6.7 <10 <2.0 0.105 0.852 _ Comp.(C)/Grab(G) EMI. G G G G G Monthly limit NL NL NL NL 30.0 NL NL Daily Maximum 6/9 17 45.0 NL NL Measurement Frequency Monthly 2/Mth 2/Mth 2/Mth Monthly Monthly Southgate WTP 001 NC0069035 Facility Status: (Please check one of the following): All monitoring data and sampling frequencies meet permit requirements X Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance, etc. and a time table for improvements to be made. "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Thomas J. Robe s President, Aqua North Carolina, Inc. Perna le rin r e) • r U� Signaturebf Permittee ** Date Permittee Address Phone Number Permit Exp.Date 202 Mackenan Court,Cary,NC 27511 919-467-8712 August 31,2010 • PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01055 Manganese 50050 Flow 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01067 Nickel 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01077 Silver 00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadmium 01092 Zinc 50060 Total Nitrogen 01105 Aluminum Residual 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium Chlorine 00300 Dissolved Oxygen 01034 Chromium 01147 Total Selenium 00310 BOD5 00665 Total Phosphorous 31616 Fecal Coliform 71880 Formaldehyde 00340 COD 00720 Cyanide 01037 Total Cobalt 32730 Total Phenolics 71900 Mercury 00400 pH 00745 Total Sulfide 01042 Copper 34235 Benzene 81551 Xylene 00530 Total Suspended 00927 Total Magnesium 34481 Toluene Residue 00929 Total Sodium 01045 Iron 38260 MBAS 00545 Settable matter 00940 Total Chloride 01051 Lead 39516 PCBs Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. 80 *ORC must visit facility and document visitation of facility as required per 15A N( f#2 b) (4): ** If signed by other than the permittee,delegation of signatory authority must be on file with the State per 15A NCAC 2B.0506(b) (2)(D).