HomeMy WebLinkAboutNC0084727_Regional Office Historical File Pre 2018 i}o<. `J'''rG ' Michael F. Easley
�.x. f
;.." ?� Governor
,`�;` �;r William G. Ross Jr.,Secretary
r Department of Environment and Natural Resources
> < . ", Kerr T.Stevens
3 -,‘ Division of Water Quality
mil _ 4
.r^ :I
NC DEPT.
OF Mr. D. Harding Stowe AND NATv ENwR0NMENr
MoOKEsi L Ric REspURCES
R. L. Stowe Mills
P. O. Box 351 -. 1- .OFFfcE
Belmont, NC 28012
Subject: Rescission of NPDES Permit JUG 2 3 2001
Permit Number NC0084727 *
R. L. Stowe Mills
Gaston County 'WATERU�U 4
T rSECT/ON.
Dear Mr. Stowe:
Reference is made to the August 22, 1997 request for rescission of the subject NPDES
Permit that was sent on your behalf by Mr. M. T. Stanforth, P. E. of Excel Environmental
Associates, PLLC. This matter has recently come to my attention because a search of Division
of Water Quality records has indicated that you never received a response to your request. The
request referenced a letter from our Mooresville Regional Office that advised the groundwater
remediation system be deactivated, based upon conditions at the site. In accordance with your
request, NPDES Permit NC0084727 is rescinded, effective immediately.
We regret any inconvenience that may have been caused by our failure to respond to your
request in a timely manner. If it would be helpful to discuss this matter further, please contact
either Bob Sledge of our central office staff at (919) 733-5083, extension 547 or the Water
Quality staff of the Mooresville Regional Office at (704) 663-1699.
Sincer 1 ,
Kerr T. Stevens
Cr
cc: Mecklenburg County Health Depart ent
1 !!"'�"'�V titer t2utantrignINVINIVallitiliMiets
NPDES Permit Unit
Operator Training and Certification
Point Source Compliance— Bob Sledge - w/attachments
Mr. Roosevelt Childress, EPA
Central Files - w/attachments
Fran McPherson, DWQ Budget Office
DWQ—Groundwater Section (Incident No. 6472)
ZVI
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
1 800 623-7748 (919)733-7015
State of North Carolina
Department of Environment,
Health and Natural Resources AfrA
Division of Water Quality
James B. Hunt, Jr., Governor Ammommooft
Wayne McDevitt, Secretary p E ___.� Fl
A. Preston Howard, Jr., P.E., Director
September 4, 1997
M. T. Stanforth P. E., DEE
EXCEL ENV. ASSOCIATES - R. L. STOWE MILLS
P.O. BOX 351
BELMONT NC 28012
Subject: Acknowledgement of Rescission Request
R. L. STOWE MILLS
NPDES Permit No. NC0084727
GASTON County
Dear M. T. Stanforth:
This is to acknowledge receipt of your request that NPDES Permit No. NC0084727
be rescinded. Your request indicated that this permit is no longer needed.
By copy of this letter, I am requesting confirmation from our Groundwater Section -
Permits & Compliance Unit that this permit is no longer needed. After verification by the
Groundwater Section - Permits &Compliance Unit that the permit is no longer needed,
NPDES Permit No. NC0084727 will be rescinded.
If there is a need for any additional information or clarification, please do not hesitate
to contact Bob Cheek at (919) 715-6160.
Sincerely,
mer4/- cijt
Robert L. Sledge. Supervisor
Compliance/Enforcement Group
cc: Groundwater Section - Permits & Compliance Unit- w/attachments
Permits &Engineering Unit - Dave Goodrich- w/attachments
Compliance/Rescission Files- w/attachments
Central Files-w/attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post-consumer paper
August 22, 1997 Excel Environmental Associates, PLLC
Post Office Box 6172
Gastonia,NC 28056-6000
Telephone 704.853.0800
Facsimile 704.853.3949
M�
Ms. Mary Cabe -1 (�-- •
NCDEHNR Division of Water Quality -
Post Office Box 29535
Raleigh, North Carolina 27626-0535
RE: NPDES Permit No. NC0084727
R. L. Stowe Mills—Gaston County
Incident Number 6472
Excel Project No. 97019
Dear Ms. Cabe:
By copy of this letter, Excel Environmental Associates, on behalf of R. L. Stowe Mills is requesting
the above referenced NPDES permit be rescinded in accordance with the July 18, 1997 letter from
the Mooresville Regional Office (copy attached).
If you have any questions,please call me at (704) 853-0800.
Sincerely yours,
EXCEL ENVIRONMENTAL ASSOCIATES, PLLC
anfor . E.,DEE
Principal Engineer
p.c. Harding Stowe—Stowe Mills
c:\jobs\97019\Trust Fund\Trust Fund Pre-approval Letter
Attachment
•
UNIT
State of North Carolina
Department of Environment,
Health and Natural Resources 1 199A
Mooresville Regional Office
James B. Hunt,Jr.,GovernorDEHNIR.
Jonathan B. Howes,Secretary
lox
DIVISION OF WATER QUALITY O 1i( "it
July 18, 1997
R.L. Stowe Mills '
Post Office Box 351
Belmont, North Carolina 28012
Attention: D. Harding Stowe
RE: Modificiation of Corrective Action Plan
Monitoring Requirements
Stowe Mills
Site Priority Rank: 60B
Class: AB
Gaston County, North Carolina
Groundwater Incident N2 6472
Dear Mr. Stowe:
On May 14, 1997, and July 3, 1997, the Groundwater Section
of the Mooresville Regional Office received quarterly monitoring
reports for the above-referenced site. A review of the reports
indicates that you have changed consulting companies. To help
you and your new consultant, I have listed the monitoring
requirements below.
Please note that the report dated May 14, 1997, contains the
analytical results for samples collected on January 10, 1997 . On
February 14, 1997, this office received a report from Cooper
Environmental which discusses the same analytical results .
Based on a review of the reports, it appears that the
groundwater remediation system has been pumping on average < .1
gallon per minute, which is well below the designed flow rate of
2 gallons per minute as presented in the approved corrective
action plan dated March 1994 . Due to the low flow rates, the
fact that free product has been removed from the site, the
activation of the air sparging system and because the plume does
not appear to be migrating, you should deactivate the groundwater
remediation system immediately. The soil vapor extraction and
air sparging system (SVE/AS) should remain active until further
notice.
The monitoring, maintenance and reporting schedule for the
subject site is as follows :
1. Monitoring wells and supply wells will be sampled in
accordance with the sampling requirements schedule
919 North Main Street.' 7�,�. FAX 704-663-6040
Mooresville,North Carolina 28115 NOV An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 :-z- 50%recycled/10%post-consumer paper
•
Mr. Stowe - -
July 18, 1997 •
Page Two
below. The semiannual samples should be collected in
December and June of each year.
SAMPLING REQUIREMENTS SCHEDULE
MONITORING WELLS (MW) EPA METHOD EPA METHOD
& 601 602
SUPPLY WELLS (SW)
MW1-4, 6, 8', 9%
VE1 & VE2 X X
SW1— AND SW2" X X
* Only sample annually in December
** Only sample annually in December (SW1 is Ruth Stowe's well and
Robert Stowe's well is SW2)
*** Extended to include MTBE, IPE, EDB, xylenes and naphthalene
'2. Sampling reports shall be received in the Mooresville
Regional Office by January and July of each year. The
next report is to be received .in January 1998 . The
reports shall include the following information:
a. Laboratory results of all sampling events during
the reporting period;
b. A table displaying sample results from all
sampling events to date to aid in evaluating
trends at the site;
c. A groundwater elevation map and individual and
total BTEX contaminant concentration maps;
d. Water levels will be reported from all available
wells;
e. A brief evaluation of the effectiveness of the
SVE/AS system;
f. An update on the status of all water supply wells
located within 1, 000 feet of the facility. The
update is only required every other year beginning
with the report due in January 1998. The update
must include the well owner's name, mailing
address, telephone number, any information
regarding the well construction details and a
statement if there is an alternate source of water
for the property;
g. Free product removal results for all wells that
exhibit free product (if present) ;
h. The total amount of free product recovered for the
semiannual period and total recovered to date;
i. Any additional information required by DWQ.
'Mr. Stowe
July 18, 1997 •
Page Three
3 . Scheduled maintenance visits should be limited to once
per month. In the event that unscheduled maintenance
visits are necessary to repair the SVE/AS system, you
should contact the project manager for the site
(currently Mr. Steven Bograd) at the Mooresville
Regional Office.
Upon receiving additional information, you may be required
to perform additional monitoring, conduct additional site
assessment activities, assess the performance of the ongoing
corrective action, and/or evaluate the technological and
economical feasibility of implementing a new technology at the
subject site. -
If you have any questions, please call Steven Bograd in the
Mooresville Regional Office at (704) 663-1699, ext. 246 .
Sincerely,
D. Rex Gleason, P.E.
Acting Regional Supervisor
cc: Ted Bush - Central Office
Mooresville Regional Office, Groundwater Section
Mike Stanforth - Excel Environmental Associates
seb/stowemr.ltr
1`INLtb r 1'1G I L I 1 T t1I1L YtKI•I 1 I 1.1111M
UPDATE • OPTION TRXID SNU KEY NC0034727
PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME> R L . STOW1E MILLS *** COUNTY> GASTON 03
ADDRESS : MAILING (REQUIRED) LOCATION (REQUIRED)
STREET : P .0 BOX 351 STREET : 116 NORTH MAIN STREET
CITY : BELMONT ST NO ZIP 28012 CITY : BELMONT ST NC ZIP 26012
TELEPHONE 704 825 5314 DATE FEE PAID : 04/15/96 AMOUNT : 400 . 00
STATE CONTACT> CABE PERSON IN CHARGE HARDING STOWE_
1=PROPOSED,2=EXIST, 3=CLOSED 2 1 =MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2
LAT . 3514420 LONG: O8102180 N=NEW, M=MODIFICATION,R=REISSUE> R
DATE APP RCVD 01/15/96 WASTELOAD REQS / /
DATE STAFF REP REQS 01/2296 WASTELOAD RCVD / /
DATE STAFF REP RCVD 01/23/96 SCH TO ISSUE 07/22/96
DATE TO P NOTICE 06/05/96 DATE DRAFT PREPARED /
DATE OT AG COM REQS O6/05/95 DATE DENIED / /
DATE OT AG COM RCVD 07/15/96 DATE RETURNED
DATE TO EPA / / DATE ISSUED 07/22/96 ASSIGN/CHANGE PERMIT
DATE FROM EPA / EXPIRATION DATE 08/31 /01
FEE CODE ( 4 ) 1 =( > 10MGD) ,2=( >1MGD) , 3=( >O . iMGD),4=(<0 1MGD) ,5=SF,6=(GP25,64,79),
7=(GP49,73)8=(GP76)9=(GP13, 34, 30,52)0=CNOFEE) DIS/C 66 CONBILL ( )
COMMENTS : PERMIT RESCISSION REQUESTED 8/22/-7 - PF SW PEMEDIATION
MESSAGE *** ENTER DATA FOR UPDATE ***
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor Ammmtilla
Jonathan B. Howes, Secretary p I-1 N Fi.
A. Preston Howard, Jr., P.E., Director
N.C. DE PT. OE
July 22,1996 ENVIRONMENT, IIEALTIi,
8r NATURAL. RESOURCES
Mr.Harding Stowe
R.L. Stowe Mills JUL 26 1996
116 North Main Street
Belmont,North Carolina 28012
Subject: NPDES Perangganitigivi'E TAl !ANilgEMENT
Permit No.NCONCOULLE REi Nal I FFla
R.L. Stowe Mills
Gaston County
Dear Mr.Stowe:
In accordance with the application for a discharge permit received on April 15, 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 Environmental Management or permits required by the Division of Land Resources,Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit,please contact 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
Iorbsvrlle. ,
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
•
N.C. DEPT. OF
ENVIRONME`r1'.
Qr NATURAL
JUL 26 1996 Permit No. NC0084727
DIVISION OF E!V:P. ;!f''r"t ";,
f,O[RES �t ttLa,:41 E;;E 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 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,
R. L. Stowe Mills
is hereby authorized to discharge wastewater from a facility located at
116 North Main Street
Belmont
Gaston County
to receiving waters designated as an unnamed tributary to the Catawba River in the Catawba River Basin
in accordance with the discharge limitations,monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective September 1, 1996.
This permit and the authorization to discharge shall expire at midnight on August 31, 2001.
Signed this day July 22, 1996.
Original Signed By
David A. Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
'SE MOUNT HOLLY 3.5 Ml.
IOLLY) 495 •l496 2'30" ; 49] /0.5 Ml. TO INTERSTATE 85
I"lit ....46., 0,------ lito--r-_____.t..N I \ _4.1.14L ‘ 10,_- _,;- `, '‘ ,- ).9,;0 •:,,, 4:..',/ 2 • ,--k
, *.c.„,,I; v( „.,...„-c--;1., , in- Itio--s-.......,,a,it :, \ ....,-- 6-71,,_..„ , ,,,, , _ ,„,.. %.4. • .
.•4- " _•; - - ,--Ji1 Ag....:WI .-7-40111,0:$415*-1-:A----_. 0-4 irl-F-.L. 4,/ ,}3} ' 1-'_-_-----:..- -q‘a ,:4"77-t. -
, ' - :-/---; ---- ,-....,-.,:i Ter Air. ,,-4-1/.... , mar ...0_, ____ ,,....,,, ,..„ , ,,, ii,i.....
-N? --"--'*."i\-\i v',-"--L----<----;„-4-.12--.,-
8 `Y — Discharge / y d
f rim WI.11114-11Ir....-'12 i---4"1"tw 1'°,V •1\it„rir 1
,-, • /,,,,,,',..) , ----__'_,,,j '''',2___.„ -.411111"114 —\ _____'"_..„,v---_- 1 /--- ,,..3111‘.‘4J ion- hi', % iti v - • i
_).r '.. -- - ' : -N4 41' i on IN _)1_2t,.- :v.--:,1 ..,&.,,p,1 '-',*-.0-, ' ,. / / iijkt,iiii—,0i'L„.(-- --
,0••--.-•- -..'4'0...4P14170"41_1_,/er 4 , f,--,'------,‘,... -4 ..t., ........„4,.-.4--,w,_ ,/____ 'k4:izerotit-/-:,.k,„-,
4 6/6 I', 7,-,i:r...y 1:7/1 .,',,,,. ,..., ',...VAL"ellipti c44',...... ...,II;
•-•"--11111,7, A/4144p i 111,---- , \ ‘,‘ ,'""N,...! ,j( s''Z' //' %....y4w,INW.,,el N.-,
— ' -.--- -ja-------- ." 'a - s -- 1 • \ _4\, r__.1 1 k,,7 , e/ A ..r. --) jtrirdma, ,,,A.4.
li---' ....) - G re `v:, 't 1 \ r ,. ,,e....--',--§ -'' tk. •-••• r ..'"- Inikai‘jr,ii::____Ifal
.7::---'-''''-- s '' ---___---__4„,-,„„,..,„/A--at_17,,\ _,'-_- , 0 .--;----A ,:-.... : .."4 'I°.` ........- ( '1.—, .,--.--- - ..-_---..---4
'4--,,;!. ...,w-'ie )c,a,--___,-- -----\ i ,.7,..:•'-', -,
//1 � \ ram, `—'• C
__,,_.3
°-.:*--. - '--. .-', , 05# 482,11.h 4. 111V - s s, ' ' IA „ I
:. ---- -:- .'s, ' ,r , ) „....,
,\, -,...,....,. -<•/___...,
! - 4 /i�� y�� i \� 1 • ir
\ - \.° g (
-_-_-_-- ... _ ,., . . \ ,4 t -4 : y , -\__, 1 77---- ),--, ,,,,,\ " 7
-/---(..-) - sia/PtD,..,,Z;: '1 \\,?Ejle::.,01 --4,1,4 ,.._41! Z
L'' / ,f-N-T \'', , \ I/ 0 /ilk 4114‘ .:.)41 7 :11-.'\ NI44V-31/7-'-‘ -)1 ,
eill
),. ';::?..L........./..i 1 6 5 \ r,{..„....,41... .... / \ 1 10 I I I I li it\.,.., .7, , , ., 6. \ ,.......i._....ps,...si 4 ,,,,.... -,,,,1
• . - ./ .
lif i/ 744\,.
r__..../.1e.i- ��� w- `M\ ,,i 1 tom \ r
11
;7• (� » •�outffPoint 0
y'e.....) f- ----- ,,,o
Int!.rfv--,, ,"----_--- '"\_,.....:,,,j, ',`( .\-,:i \......
;-_,.-,'-': ---.. '-'---; -'''''Z_>- -/-__47A 7/...-"" )c-1, . .),/f()
I .._______. \ . ':- C- :)•_____72z._<-. . ,------------ - _---7--------1...,1101*\‘'S.,-. ® L\
^ _ •• , i r\t //��,` i i\\ r%/, 1 \ , �/.ice` /�/ \
��'- / I`:l��ll1.':v );‘\ /// ; /1 1:1 \� \- /_- // '
ROAD CLASSIFICATION SCALE 1 :24 000
PRIMARY HIGHWAY LIGHT-DUTY ROAD.HARD OR 0 1 MILE
HARD SURFACE IIMIIIIMIN IMPROVED SURFACE
#. ,s
SECONDARY HIGHWAY 0 7000 FEET
HARD SURFACE i UNIMPROVED ROAD = _ = ,, ,"';._— ^_`: _ .— ,<a.
1 0 1 KILOMETER
Latitude; 35°14'42" Longitude; 81°02'18" :: <;: _ .
Map # G14NE Sub-basin 03-08-34 CONTOUR INTERVAL 10 FEET
Stream Class WS IV B & CA
QUAD LOCATION R.L. Stowe Mills, Inc.
Discharge Class GW Remediation
Groundwater Remediation
Receiving Stream UT to Catawba River NC0084727
Permit exp. 09/30/01 Ow 0.003 MGD Gaston County
A. (1). EFFLUENT LIMITATIONS AND MONIT(,RING REQUIREMENTS - FINAL Permit No. NC0084727
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee authorized to discharge from
outfall(s) serial number 001. Such discharges shall b, limited and monitored by the permittee as specified below:
Effluent Characteristics Discharat Limitations Monitoring Requirements
Measurement Sample Sample
Monthly. Ave. Daily Max, frequency Type Location*
Flow(MGD) Weekly Pump or E
Meter Log
Benzene(41) 1.19 µg/1 Monthly Grab E
Methyl Tert Butyl Ether(1.tg/1) Monthly Grab E
Toluene 11.0 µg/l Monthly Grab E
Naphthalene (µg/l) Monthly Grab E
Oil and Grease (mg/1) Monthly Grab E
BOD5 (mg/1) Monthly Grab I, E
* Sample location: E-Effluent,I-Influent
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case,the notice shall include the cause of noncompliance,any remedial actions taken,and the
probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management,Department of Environment,Health and
Natural Resources.
3. E1VIC
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).
Part II
Page 4 of 14
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action;for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d)of the Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of$5,000
to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed$10,000 per violation with the maximum amount not to exceed$125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms,conditions,or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed$10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
Part II
Page 5 of 14
Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed$125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities,liabilities,or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property,or any exclusive privileges,nor does it authorize any injury to private property or any
invasion of personal rights,nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances,is held invalid,the application
of such provision to other circumstances,and the remainder of this permit, shall not be affected
thereby.
8. Duty to Provide 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.
Part II
Page 6 of 14
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit,the permittee must apply for and obtain a new permit.
10. Ed piration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date,the permittee shall submit such
information,forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration
and has not requested renewal at least 180 days prior to expiration,will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
•
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively;or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2)The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3)The written authorization is submitted to the Permit Issuing Authority.
Part II
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify,under penalty of law,that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification,revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
13. permit Modification.Revocation and Reissuance.or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions,requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes,and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A,Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
15A,Chapter 8A .0202. Once the facility is classified,the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50%complete.
Part II
Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances)which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. 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
Part II
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C)The permittee submitted notices as required under Paragraph c. of this section.
(2)The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c.of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed,contemporaneous operating logs,or other relevant evidence that
(1)An upset occurred and that the permittee can identify the cause(s)of the upset;
(2)The permittee facility was at the time being properly operated;and
(3)The permittee submitted notice of the upset as required in Part II,E. 6. (b) (B) of this
permit
(4)The permittee complied with any remedial measures required under Part II,B.2.of this
Permit
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be util 7eNdisposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of the United States. The permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge.Upon promulgation of 40 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. Betting
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report(DMR)Form(DEM No. MR 1,1.1,2,
3)or alternative forms approved by the Director,DEM,postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the
case of a new facility,on the last day of the month following the commencement of discharge.
Duplicate signed copies of these,and all other reports required herein,shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh,North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed,calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once-through condenser cooling water flow which is monitored by pump
logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act,as Amended,and Regulation 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or
by imprisonment for not more than two years per violation, or by both. If a conviction of a
person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not
more than 4 years,or both.
6. Records Retention
Except for records of monitoring 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.
Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director,or an authorized representative(including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and
other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42
(a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Part II
Page 13 of 14
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II.
D.2 of this permit)or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit,using
test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected,the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit
(2)Any upset which exceeds any effluent limitation in the permit.
(3)Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. 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 IL E. 5 and 6.
of this permit at the time monitoring reports are submitted. The reports shall contain the
information listed in Part IL E. 6. of this permit
Part 11
Page 14 of 14
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director,it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester, the known passage of a slug of hazardous
substance through the facility, or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act,effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation,or by imprisonment for not more than two years per violation,or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1)One hundred micrograms per liter(100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter(1 mg/1)for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1)Five hundred micrograms per liter(500 ug/1);
(2)One milligram per liter(1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
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.
2000 copies of this public document were printed at a
cost of $554.00 or $.28 each.
State of North Carolina
Department of Environment, v
Health and Natural Resources ' •
y Division of Environmental Management ,�
� "� •
IA
James B. Hunt, Jr., Governor t
Jonathan B. Howes, Secretary p E H N R
A. Preston Howard, Jr., P.E., Director ��1.
r. ,
August 17, 1995 • 1995
Mr. Harding Stowe
116 North Main Street �: l,. r+..:,,
Belmont,North Carolina 28012
Subject Permit Issuance
{ No. NC0084727
R.L. Stowe Mills
Gaston County
Dear Mr. Stowe:
In accordance with the application for a discharge permit received on December 5,1995 e Division
is forwarding herewith the subject NPDES permit. This permit is issued pursuant to th- requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina
and the US Environmental Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30)
days following receipt of this letter.This request must be in the form of a written petition,conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is
made,this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be
followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit,please contact Ms. Jeanette Powell at telephone
number(919)733-5083,extension 537. -
Sincerely,
(�rt ;ifai � ir
-mot
David A. Goodrich
A. Preston Howard, Jr., P.E.
cc: Central Files
Mr.Roosevelt Childress,EPA 46
Permits and Engineering Unit
Facilities Assessment Unit
Technical Assistance&Certification Group
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
•
Permit No. NC0084727
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,HEALTH,AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
R. L. Stowe Mills
is hereby authorized to discharge wastewater from a facility located at
116 North Main Street
Belmont, NC
Gaston County
to receiving waters designated as an unnamed tributary to the Catawba River in the Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective October 1, 1995.
This permit and the authorization to discharge shall expire at midnight onSeptember 30, 1996.
Signed this day August 17, 1995.
•
A. Preston Howard, Jr., P.E.; Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Permit No. NC0084727
SUPPLEMENT TO PERMIT COVER SHEET
R. L. Stowe Mills
is hereby authorized to:
1. After receiving an Authorization to Construct from the Division of Environmental
Management, construct treatment facilities as necessary to meet the limits of this permit for
wastewater at outfall 001, and
2. Operate a groundwater treatment system consisting of a recovery well, holding tank,
oil/water separator, transfer tank, air stripping unit with flow meter, and a carbon adsorption
unit located at 116 North Main Street in Belmont, North Carolina,Gaston County, and
3. Discharge wastewater from said treatment works at the location specified on the attached
maps into an unnamed tributary to the Catawba River which is classified Class WS-IV B &
CA waters in the Catawba River Basin.
•
•
BELMONT QUADRANGLE 4 -
TH CAROLINA , gype A�� NORTH CAROLINA-SOUTH CAROLINA ���`'1(.)
ND ECONOMIC RESOURCES D/'- �" 7.5 MINUTE SERIES (TOPOGRAPHIC) ��' `t
o
'H CAROLINA NE/4 CLOVER 15'QUADRANGLE OP'
MOUNT HOLLY 3 3 mi.
.LV) 1 495 196 2'30" ) ------ .171 .79iill'ile,rdr' 6.11:1.k P":, KILT" : i•97 0.5 MI. TO INTERSTATE 85 e99 1400000 FEET IN.C.) 81.00' 15
,.v1.7 v,,,,y.
.. i lactal0/1 j oritifft ;as, ppli . 7--\/ 1 _: , ,„I _ ,,. ./417. /
I ik r, f.' in . (1. .... / it '''' 1 :/ ' '...s.at ,k te,..
kW,---w-. iso 49 kaliNtri' 1W% ''% - ' ---, lib-17$3, ), k4.-.:::::/.. 4 1 //i ) \.- kk‘i \ ''
0107'• - _ /....,..._*04/, Ir- ,k i.,1 gh 1V ''''''.::..,__ 0 N:_fe r i‘rt.' ...I q'-‘1.-a... ' . . /i i 0 . .- . (iY.
4 II Tr ) \ \\� /. (,e,i .� I: lb \lI�/ / ��"1� ,- ` 550000FEET
.. 7-44 -11V,41!, .••• • Lit .k :lir - ' . liajp,'--r. 1.4 I ir 4 •-• - , - 1 4 -6-Pt4:, 1 A
•
lV i mkni. • )4,4 1.�/ ,,,-,-9 : 7, te-r'pf,t*.. cii'Ll ,it .i,: . -A,.,.
e' 1 - i 11 d ,. is
''4vt.'44Alftra--, A 1,,' -%- -_-'47."4,4),,,i..;'11.71,14,v/P/-1'.--- ) '. ['1,i1; N ,, \i----... !,
,o, \. i\-• : iftP17 ,JA
.,, \. i ,;:e.4". _))N-,, --..\1,1k-4414.44", 441w ;
:a, —Akio' ..OP: viAlli . fi s\ ' ,4k / ---, 1 ,,-. -7,-,,--,%,Fies' ‘=-,. ,; ,!,1 ,4, g11._____ _ .
:, - . c74. yr Tv.-- low , - ) .- .,,j,4- _ . .. - .=-„; _-. 1 i .
*11)fri,j...M '1124.,4,0/1 k
4
- :-1 '''
re 1
r��"".41 j ,.'. f,.tr,--4,4,,.(.(r EtVf,41.- �, e � '�`�;�L .I r�l l�- 1)� ..-�_�;,;<:'s `i� ��1 1 /�.✓ :ire.' o
k. '1 - .]► ��E// ,� J .-r \:Jf �,,.� .'-Ir.` V d l 1 1.,_ ____. -..._-,.,.. r �`L/ I
'\ )117''; frtb YY N _
1.
•
11:---,--. ("3 i ) i 1 i ' ' + -' --":1'
\‘ ery t* ek 1,,-
A,
.-.'
1,k
--.-,:7e---
♦ -'A,pi i\(1• �1 \\-,.\\.\.I...--_\":-'N\�;r _ / swag,a.,e /'i i r:,',(,s
1,,- /,i j/i// 14,,• l r '-r
-%0\4•/\'\),, 14/3,N'v/,1/4 o /0 r.-,A, 0.t*,m
s,si„-',,,,IC/:_z).7 1\11--k.,,,_,,,
-3,-3 i,N
!r yr1.) �� 1 '; r \ ✓ )1 / li.., O
) ri 7- )28 \ ii ))"4\2 - ril-- -. -- -7C- . `• S v)
j/4 k\:...... "kill ,. -\c-4-:_f_ ).:-,)) _-)../ " \ tifj"' I/ Ir - *-_-i,ii--1-- -‘ --- --
7 0 ‘1';, -.L—.-- ‘ ((//-L-N_____ 14.11 ..fil)(' — --i' "Ir.1—/- 0 -,..:-- 4 /1 V".-, 7-4."( `1:3 "I - 1. 24.. .'1
? , ,, ---1„Nerki t --,74... s rt. NE„: 1 ,t Z 4-51r...' L- ---N_ _-- ) 1,=:-)\ I I li 0 (e-ki‘:1 °- -s ' -/ -
,--_,)r-i...,..jir-- ---- ---:.r , '''N ' 1,I - *. / \ - __-, wr III 1 ,,&$(---;70:-(‘-\ 1‘ -,-
,. r .. 7 ( -----V W
cr....4x4 -
• • 7. -.--N, 1 ; ei '. :(, c,:: _, 1 . ..-
;,:) . r N j,(3)( 41. 40. 0 1 -.-;;:----------- - .-. - rt‘ II it 1 !j4--' - •/ Z1-_,).)
I C c•rN '--/ ',\V -- - ;00 VI° •.14iiiPs14 s . .-r.....>)-;'. 'i, ) ./ :p '--1 1 1 1 ''.. 1
9 0 k :, ; , ,, „.....---\ cKzz-
\\ _.)) NV
r;,/' 4 f4p )1,(� :. r- i �-f 1,_ �_—a ' \\ ' ' ki(/•1 J1' -- —
Il . \ U\h—�.-�j �� ;-4' \ \\ ,, ., lllllll O ..\_,
�
�i1 A
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS- FINAL Permit No. NC0084727
During the period beginning on the effective date of the permit and lasting until expiration, the Pcrmittce is authorized to discharge from
outfall(s)serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Measurement Sample Sample
Monthly. Avg. Daily Max. Frequency Type Location*
Flow (MGD) Weekly Pump or E
Meter Log
Methyl Tert Butyl Ether(14/1) Monthly Grab E
Toluene 11.0 µg/1 Monthly Grab E
Naphthalene (µg/1) Monthly Grab E
Oil and Grease(mg/1) Monthly Grab E
BOD5(mg/1) Monthly Grab E
* Sample location: E-Effluent
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management,Department of Environment,Health and
Natural Resources.
3. MVIC
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).
Part II
Page 4 of 14
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of$5,000
to$50,000 per day of violation,or imprisonment for not more than 3 years,or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed$10,000 per violation with the maximum amount not to exceed$125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms,conditions, or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed$10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
Part II
Page 5 of 14
Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Ha . sous 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.
Part II
Page 6 of 14
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit,the permittee must apply for and obtain a new permit.
10Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date,the permittee shall submit such
information,forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration
and has not requested renewal at least 180 days prior to expiration,will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3)The written authorization is submitted to the Permit Issuing Authority.
Part II
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law,that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification,revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
13. Permit Modification.Revocation and Reissuance.or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions,requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
15A, Chapter 8A .0202. Once the facility is classified,the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50%complete.
Part II
Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances)which are installed or used by the penmittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II,E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part II
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C)The permittee submitted notices as required under Paragraph c. of this section.
(2)The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs,or other relevant evidence that:
(1)An upset occurred and that the permittee can identify the cause(s)of the upset;
(2)The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II,E. 6. (b) (B) of this
permit.
(4)The permittee complied with any remedial measures required under Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of the United States. The permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge. Upon promulgation of 40 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:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once-through condenser cooling water flow which is monitored by pump
logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act,as Amended,and Regulation 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction,be punished by a fine of not more than $10,000 per violation, or
by imprisonment for not more than two years per violation, or by both. If a conviction of a
person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation,or by imprisonment of not
more than 4 years, or both.
6. Records Retention
Except for records of monitoring 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.
Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director,or an authorized representative(including an authorized
contractor acting as a representative of the Director),upon the presentation of credentials and
other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REOUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42
(a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Part II
Page 13 of 14
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II.
D.2 of this permit)or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using
test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected,the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. 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.
PartII
Page 14 of 14
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director,it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester, the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation,or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter(100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter(1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1)Five hundred micrograms per liter(500 ug/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.
I
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty)days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H.0105(b)(4)may cause this Division to initiate action to
revoke the permit.
State of North Carolina
Department of Environment,
„() _, Health and Natural Resources 6
Division of Environmental Management
James B. Hunt, Jr., Governors }
Jonathan B. Howes, Secretary `' ,....
A. Preston Howard, Jr., P.E., Director
September 15, 1995 SEP 22
Mr. Harding Stowe
R.L. Stowe Mills DIVISION OF EteVtFtfihNtd'ifi, „-A4.'Mgr
116 North Main Street MOORESVILLE liEgIORA„
Belmont, North Carolina 28012
Subject: Permit No. NC0084727
Authorization to Construct
R.L. Stowe Mills
Groundwater Remediation Facility
Gaston County
Dear Mr. Stowe:
A letter of request for an Authorization to Construct was received on December 5, 1995 by the
Division and final plans and specifications for the subject project have been reviewed and found to be
satisfactory. Authorization is hereby granted for the construction of a wastewater treatment system
consisting of a 65 gallon oil/water separator, 2-tray low profile air stripper, and dual 850 pound granular
activated carbon canisters in series with discharge of treated wastewater into an unnamed tributary to the
Catawba River.
This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES
Permit No. NC0084727 issued August 17, 1995, and shall be subject to revocation unless the wastewater
treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No.
NC0084727.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action,including those as may be required by this
Division, such as the construction of additional or replacement wastewater treatment or disposal facilities.
The Mooresville Regional Office, telephone number(704) 663-1699 shall be notified at least forty-
eight(48) hours in advance of operation of the installed facilities so that an in-place inspection can be
made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00
a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays.
Upon completion of construction and prior to operation of this permitted facility, a certification
must be received from a professional engineer certifying that the permitted facility has been installed in
accordance with the NPDES Permit, this Authorization to Construct and the approved plans and
specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC
27626-0535.
A copy of the approved plans and specifications shall be maintained on file by the Permittee for the
life of the facility.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Permit No. NC0084727
Authorization to Construct
R.L. Stowe Mills
September 15, 1995
Page 2
Failure to abide by the requirements contained in this Authorization to Construct may subject the
Permittee to an enforcement action by the Division of Environmental Management in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
The issuance of this Authorization to Construct does not preclude the Permittee from complying
with any and all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
One (1) set of approved plans and specifications is being forwarded to you. If you have any
questions or need additional information, please contact Jeanette Powell telephone number 919/733-5083
ext. 537.
Sincerely,
. resto oward, Jr., P.E.
cc: Central Files
jumma
pirmimmammieti
Permits an -ngineering Unit
Gaston County Health Department
John Burkardt, Cooper Environmental
Permit No. NC0084727
Authorization to Construct
R.L. Stowe Mills
September 15, 1995
Page 3
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the
Project Name Location
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and
intent of the approved plans and specifications.
Signature Registration No.
Date
Groundwater Design Review
Facility: i RL Stowe Mills
NPDES# i NC 84727
Air I 320!CFM
to
Water ; ;GPD= 15.0000 GPM= 2.0053 CFM
Ratio: 160 (must be greater than 120)
'Oil/Water 1 65igallons
Separator
;Size: 4.33 minutes detention time
Constituent Concentration Removal Eff. Residual
(ppb) (percent) (ppb)
!Benzene i 490001 99.9951 2.45
!Toluene ; 65000: 99.9951 3.25
;Ethyl Benzene; 1
3400; 99.995, 0.17
Xylene 1 18000: 99.995: 0.9
MTBE 1 1200001 99.8521 177.6
PHENOL. i 1 1
T-M-Benz.
OTHER i i 1 0
;OTHER i 1
1 0
5 (total number of parameters)
r I
17001 Ibs of GAC
0.00677 BTEX conc. mg/I
0.1776 MTBE conc. mg/I
0 Phenol conc. mg/I
0 T-M-Benz. conc. mg/I (before filtration)
0 OTHER conc. mg/I
0 OTHER conc. mg/I
0 OTHER conc. mg/I
30,312 days to breakthrough (should be greater than 31 days)
Note: Where R.E. = 99.995%, the applicant reported 100% removal.
State of North Carolinavio-r/) 14
Department of Environment,
Health and Natural Resources 1 •
E.A,
Mooresville Regional Office
James B. Hunt, Jr., Governor � E H N F�
Jonathan B. Howes, Secretary
Linda Diane Long, Regional Manager .
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 18, 1995
Mr. Harding Stowe
116 North Main Street
Belmont, North Carolina 28012
Subject : NPDES Permit Issuance
Permit N4.NC0084727
R.L. Stowe mills
Gaston County
Dear Mr. Stowe :
Our records show that Permit No. NC0084727 was issued on
October 1, 1995 for your non-discharge wastewater treatment
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 requested that you and
other appropriate employees thoroughly read the Permit .
The Permit sets forth specific performance standards,
operation and maintenance requirements, monitoring requirements,
plus general conditions applicable to non-discharge permits .
Failure to comply with the terms and conditions of the Permit
subjects the Permittee to enforcement action pursuant to Section
143-215 . 6 of the North Carolina General Statutes in the form of
civil or criminal penalties.
Please note that the subject Permit expires on September
30, 1996 . Part II Of No. 10 the Permit requires that a renewal
request be submitted at least six (6) months prior to
expiration. Also the Permit is non-transferable until such time
that the Permittee has requested a name change to the new
Permittee.
•
919 North Main Street,Mooresville,North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
IIIIIIIr
Mr. Harding Stowe
September 18, 1995
Page Two
As mentioned previously, the purpose of this letter is to
advise you of the importance of your 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,
/7(‘I 6-41 .:_...>/i *-"r--e°r'"--c--c---A—-D. Rex Gleason, P. E.27
Water Quality Regional Supervisor
DRG.c f
a:\stowemil.ltr
V
Permit No. NC0084727
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
R. L. Stowe Mills
is hereby authorized to discharge wastewater from a facility located at
116 North Main Street
Belmont, NC
Gaston County
to receiving waters designated as an unnamed tributary to the Catawba River in the Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective .
This permit and the authorization to discharge shall expire at midnight on August 31, 1996.
Signed this day
D 0 fit 7
. b tti't i., .'
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Page 1
Permit No. NC0084727
SUPPLEMENT TO PERMIT COVER SHEET
R. L. Stowe Mills
is hereby authorized to:
1. After receiving an Authorization to Construct from the Division of Environmental
Management, construct treatment facilities as necessary to meet the limits of this permit for
wastewater at outfall 001, and
2. Operate a groundwater treatment system consisting of a recovery well, holding tank,
oil/water separator, transfer tank, air stripping unit with flow meter, and a carbon adsorption
unit located at 116 North Main Street in Belmont, North Carolina, Gaston County, and
3. Discharge wastewater from said treatment works at the location specified on the attached
maps into an unnamed tributary to the Catawba River which is classified Class WS-IV B &
CA waters in the Catawba River Basin.
•
NTH CAROLINA • BELMONT QUADRANGLE `Jsy.l"
vide /3;,� NORTH CAROLINA-SOUTH CAROUNA '‘0��
AND ECONOMIC RESOURCES �'
7.5 MINUTE SERIES (TOPOGRAPHIC) oe %,'
TH CAROLINANE/4 CLOVER 15'QUADRANGLE fit)'
E MOUNT HOLLY 3.3 MI.
)LLYI i 495 ll`` 496 2'30" : '491 0.5 M/. TO INTERSTATE 857 �{ 1400000 FEET (N.C.) 81�00r
.9'" A,,,,:ref er ,4)7 0 l,. 111r)-,9, k — h �- �� 1 1,.' t1 35.151
, 4?-S f f 1
tkiiii-41- 411.111,14- IA 117:11 9,,,si::::4" • ars.:----....-44 .....%.- ',"---,''"%'4'r. ''.., , . is /silo ' \ .),..t.,
:ft.,:i.A.i:eti, rps.y•
[ es-p,,,t.;, , ")) .
. : !..;
�� `I r-. 550000 FEET
‘\:!.);;‘,1,
>, i _ I` �i11 JONAC4- l a d ,i fiem g! I rs'\ ��� 'o2,-:-.-- -4:--�L l/4'l >�'__ �' -v� l IN.C.1
J ` � tiltrk
�1.s �+ �� , 0f.. r�it \ , �,wo' 1, - r � �1 9;ll 1y it �,V.,-w/1...94.7
\�` / , •/r�'-' (i-. • • ' 'r\/ r. 4
jiiiiL.V;4- \\ri•
.r- , _..,,„,..'4417.44-04) \' 1 ;Yr*".:-/‘k , ‘7,-:*4 41111*-4. r jarill '''.---- \\ , / I ii •.
S
--.44.111116 ,•m:$1:i*...,•NTligitv.X-Amir.---, Vit,,4417. • - - It( \ - -,", /,;...,, "-'..z., 4044.--,- -- s-:1-,„ _ , il
,1 Istriiroo -fi.P.P.,-. Ail '-G VIIILO /7.1. c -11 '.4,._/./\._,.47 4 ift -- :: : I 'i __. i I 1 „..1_, 1 2
Ian.;I(, ,.,-, , ',A' ,,,,,,„,r , .:„ __, ,,,,,...„, :,-/„...,,,, ,! .. ,, ,, ...... -1,,... , , , (__ (.4...,„...... __(a ,i ,
,, I *).- iile.,4/4 ,,__ 0:- ; ,,, ---\.,:, ..411')I., , , i --_-___ ,,,,,,,i,,,. , ,C_____I;r4-- ----- 0 0 Q
\ *I 4 '-• . . . I . .,-L-_1_, -..,_ „re ,,,
. ,,, ,,,, ,,....
'\.,..,%:__ ,-_-...-.__4 (c,kvippi, _, IIII,,._ A er,4 _-----/-‘c. ,, wftisti„ t_,___ .:::._.,,,_._—,_< A
tit
c,
-- )_.: i, 4,-::::„..., ) 0, , , 7•N,:::,/,,. -, _„.V . l
A`� ' 1 '\ `I \ `•.lam ., '�I 'I J -
7.1,,,\ 6 tewalleMss-, 7 h iig., . ___
I% / I -"-\ \°,--1,41iii 1 ' I/ r (f-7 :I nit .i
_At • 4 \• /Air tih, : ' , ,,,i__.,.,_ „it -...) pc
4 -P---) a N40+0,A07 ,( '''''' .1) i; .-:,_:4- '' s..));-1-}--__ -1''',.)?\) . e ( ii, IL , %, -,--.,-, ' " , , ,
, ,. .,
I , I( _ '\,11/7 . 7
\' -.\\ \1 / (g),‘'
, . ---,c_ag-',13„___.,, I).. , _)/
riti,
'/�� i i,' Gal- -- 1 , t ( 4-, - a O
► d14., / "t ►► ) ��. = - 1 7— V,i0 1 -ems , �,.
•
, , , a : ic\
11) ------,
� Ikt
..tea� 't'(,i�� `\ p� \ �At4)1,.ri_!,_
, �—� •�: � i 1� J��j�
/
-/'''. .--. ' k) \.0 1 k ,N ,
''' €2P- . j
-111
\\ :liri:V: 1");\ 1. 1 '-.--7:-Jos:11-1):\'
? ,C ti of G\ f� o \ \ 4 b\
r • U3.97
=�,-Zi �� / 1,( • :? .cam. ��= l ' _ - ,�, ;Jl''',;'( ) [N.:
tti/
:_,.;- cll.\:
l")---;,,,...,. .-.
L --'ham—� I LV / \` ��� -f= • 7 / � \ X \ :\1\6,
� A.
,,,,L i'a '."-,
---.Ar-r -r,s:i.-,,-- octweit ( -
illiii
--/... ° .
v
_� .41 . , f ._ter-� , :, J , r l.�,.1 � � ,.�1
��O_ \ a , y :_f 4 ali \ ,' -
, ,
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0084727
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s)serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Measurement Sample Sample
Monthly. Avg. Daily Max. Frequency Type Location*
Flow (MGD) Weekly Pump or E
Meter Log
Methyl Tert Butyl Ether(µg/1) Monthly Grab E
Toluene 11.0 14/1 Monthly Grab E
Naphthalene (14/1) Monthly Grab E
Oil and Grease(mg/1) Monthly Grab E
BOD5 (mg/1) Monthly Grab E
* Sample location: E-Effluent
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.