NC0075736_Regional Office Physical File Scan Up To 12/23/2020

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Water Resources
ENVIRONMENTAL QUALITY
May 19, 2017
Mr. J. David Young
Whiteside Estates, Inc.
PO Box 100
Highlands, NC 28741
Subject: Permit
Application No.
ROY COOPER
Govenror
MICHAEL S. REGAN
Acting Secretary
S. JAY ZIMMERMAN
Director
RECEIVED
Division of Water Resources
MAY 2 5 2017 s'
R neer Quality Regional Operations
N 00757AUevilie Regional Office
Whiteside Estates WWTP
Asher lv County .
Dear Permittee:
The Water Quality Permitting Section acknowledges receipt 'of your permit application and
supporting documentation received on May 12, 2017. The primary reviewer for this renewal
application is Charles Weaver.
The primary reviewer will review your application, and he will contact you if additional J
information is required to complete your permit renewal. Per G.S. 150B-3 your current permit
does not expire until permit decision on the application is made. Continuation of the current permit
is contingent on timely and sufficient application for renewal of the current permit.
If you have any additional questions concerning renewal of the subject permit, please
contact Charles Weaver at.919-807-6391 or [e-mail].
Sincerely,
Wren Thedford
Wastewater Branch
cc: Central Files _
NPDES
i�Ashe.ville=Regional .Office.,
State of North Carolina I Environmental Quality I Water Resources'
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6300

CERTIFIED MAIL / ARTICLE NO.7010 0290 0001 0668 7560
Mr J. David Young
Whiteside Estates, Inc.
P. O. BOX 100
Highlands, NC 28741
[phone]
May 4, 2017
Ms. Wren Thedford
NC / DENR Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Permit NC0075736 / Whiteside Estates, Inc. / Jackson County, NC
Dear Ms. Thedford:
Pursuant to the requirements listed in the e-mail received from Sarah E. Phillips,
Environmental Specialist today, May 4, 2017, please find enclosed our permit renewal
application. I hope you find it to be complete. If not please contact me with any questions
that arise.
Thank
J. Dadd Young
Whit ide Estates, Inc.
(828 526-9916 home/office
(82 342-7570
[phone] fax

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters c1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Resources / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES !Permit NC00 7S 73
If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to
the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code N (-- 2 67-1
Telephone Number (626) Sz� — 9 91
Fax Number (S2g) 767 _ I o, 66
e-mail Address -� �e�/nUha�i nWnCa q Ma-i • Cdrn
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road6�
�g
city '
State / Zip Code
County
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORC)
Name
Mailing Address S�� 1'C'F 4c)
City
State / Zip Code
Telephone Number ( )
Fax Number ( )
e-mail Address
1 of 3
Form-D 11/12

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial
❑
Number of Employees
Commercial
❑
Number of Employees
Residential
❑
Number of Homes
School
❑
Number of Students/Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants,
etc.):
Number of persons served:
5. Type of collection system
❑ Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points
Outfall Identification number(s)
Is the outfall equipped with a diffuser? ❑ Yes ❑ No
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall):
��f:: MAP
8. Frequency of Discharge: ❑ Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate
sheet of paper.
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V V Z0 I Z
—,1h2 V Cc.Tv r3=—'g_ 31 ) 2� 1-7.
2of3
Form-D 11/12

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow MGD
Annual Average daily flow MGD (for the previous 3 years)
Maximum daily flow MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes � No
12. Effluent Data
NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for
all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum
and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the
past 36 months for parameters currently in vour permit. Mark other parameters "N/A"
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BODS)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
14. APPLICANT CERTIFICATION
I certify that I. am familiar with the information contained in the application and that to the best of my
kledg and belief such information is true, complete, and accurate.
711 alll-'DQ
P ' ted narn4 of Perso igning Title
20
Signature of Applic nt Date
North Carolina General tatute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, rep rt, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission impleme ing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 11112

ROAD CLASSIFICATION
PRIMARY HIGHWAY
HARD SURFACE
UGHT•OUTY ROAD. HARD OR
IMPROVED SURFACE
SECONDARY HIGHWAY
HARD SURFACE C1111111111111=1
UNIMPROVED ROAD = =
Latitude 35°06'49"
Longitude 83009'14'
Map # G6SW
Sub -basin 40402
Stream Class WS-III Cc-,
Discharge Class
05 13
ura5s_y. damp! %--av R.. .
SCALE 1:24 000
QUAD LOCATION
Whiteside Estates, Inc.
■ NCO075736
Jackson County

V1111
NCDENR.
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. J. David Young
Whiteside Estates, Inc.
P.O. Box 100
Highlands, N.C. 28741-0100
Dear Mr. Young:
Division of Water Quality
Charles Wakild, P.E.
Director
August 22, 2012
Dee Freeman
Secretary
Subject: Issuance of NPDES Permit NCO075736
Whiteside Estates WWTP
Jackson County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215.1. and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended).
This final permit includes no major changes from the draft permit sent to you on May 23,
2012.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local
governmental permit that may be required. If you have any questions concerning this permit, please
contact Charles Weaver at telephone number (919) 807,-6391.
Since ly,
cc: CentralZlees
A e��v_ le_Regional Off ice/Surface_'Water_ Protection f
KlPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / http://pofal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer- 501/6 Recycled/10% Post Consumer
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Pe=nit NC00075736
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Whiteside Estates, Inc.
is hereby authorized to discharge wastewater from a proposed facility to be located at the
Whiteside Estates WWTP
NCSR 1143 west of Cashiers
Jackson County
to receiving waters designated as Grassy Camp Creek in subbasin 04-04-02 of the Little Tennessee River
Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III and IV hereof.
This permit shall become effective November 1, 2012.
This permit and authorization to discharge shall expire at midnight on October 31, 2017.
Signed this day August 22
6'1�ision of Water Quality
By Authority of the Environmental Management Commission

Permit NC00075736
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under
the permit conditions, requirements, terms, and provisions included herein.
Whiteside Estates, Inca is hereby authorized to:
1. After submission of an approved Engineering Alternatives Analysis (EAA) and receipt of
an Authorization to Construct permit from the Division, construct and operate a 0.1
MGD extended -aeration wastewater treatment facility with tertiary treatment. The
facility will be located off NCSR 1143 at Whiteside Estates, west of Cashiers in Jackson
County.
2. Discharge from said treatment works at the location specified on the attached map into
Grassy Camp Creek, currently classified as a WS-III @ stream in hydrologic unit
06010202 of the Little Tennessee River Basin.

A
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Proposed outfaLL Location
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NCO075736 Whiteside Estates WWTP
Facility
Latitude: 35'06'49" Stream Class: WS-III @
Location
Longitude: 83009'14" Subbasin: 04-04-02
USGS Quad: Highlands, N.C. Hydrologic Unit: 06010202
River Basin: Little Tennessee
Jackson County
Receiving Stream: Grassy Camp Creek
Map not to scale

Permit NC00075736
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
PARAMETER
LIMITS
MONITORING REQUIREMENTS
[PCS Code]
Monthly Average
Daily Maximum
Measurement
Sample
Sample
Frequency
Type
Location'
Flow
0.1 MGD
Continuous
Recorder
Influent or
50050
Effluent
BOD, 5-day [00310]
5.0 mg/L
7.5 mg/L
3/Week
Composite
Effluent
(April 1 —Octobertober 31
BOD, 5-day (20°C) [003101
10.0 mg/L
15.0 mg/L
3/Week
Composite
Effluent
November 1 — March 31
Total Suspended Solids
20.0 mg/L
30.0 mg/L
3/Week
Composite
Effluent
00530
NH3 as N [00610]
(April 1 — October 31
2.0 mg/L
10.0 mg/L
3/Week
Composite
Effluent
NH3 as N [00610]
November 1— March 31
4.0 mg/L
20.0 mg/L
3/Week
Composite
Effluent
Fecal Coliform (geometric mean)
200 / 100 ml
400 / 100 ml
3/Week
Grab
Effluent
31616
Total Residual Chlorine2
28 pg/L
3/Week
Grab
Effluent
50060
Temperature (°C)
Daily
Grab
Effluent
00010
Temperature (°C)
Variable3
Grab
U & D
00010
Dissolved Oxygen
Daily average > 6.0 mg/L
3/Week
Grab
Effluent
00300
—
Dissolved Oxygen
Variable3
Grab
U & D
00300
Total Nitrogen [00600]
Semi-annually
Composite
Effluent
NO2+NO3+TKN
Total Phosphorus
00665
Semi-annually
Composite
Effluent
pH
00400
> 6.0 and < 9.0 standard units
— —
3/Week
Grab
Effluent
Footnotes:
1. U: upstream at the dam outfall road. D: downstream above the confluence with Shortoff Creek.
2. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified].
Effluent values < 50 µg/L will be treated as zero for compliance purposes.
3. Instream samples shall be collected 3 times per week from June 1 through September 30 and weekly during the
other months of the year.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
- Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
Version 1110912011

NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled. 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Version 1110912011

NPDES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or.405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties, of $2,500 to $25,000 per day of violation, or
Version 1110912011

NPDES Permit Standard Conditions
Page 4 of 18
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to. any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director: (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR. 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
m environmental compliance with environenial,laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;. or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 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 f nes and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification. Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]: .
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE:, Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff. '
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause'effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.,
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC.Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, -as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.411.
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Engy
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(l)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 -hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other .unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The
report shall summarize the performance of the collection or treatment system, as well as the extent to which the
facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The
report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR / Division of Water Quality / Surface Water Protection Section A
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planVs treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,.
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if`required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification. levels';
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure'of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV '
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6: Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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NPDES Permit Standard Conditions
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall` develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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NPDES Permit Standard Conditions'
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment -
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following condition's and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants'contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the defmition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
Version 1110912011

NPDES Permit Standard Conditions
Page 17 of 18
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
_0906(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143-
215.1(a)(8)1
7. POTW Inspection & Monitoring of their ]Us
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoringand nd Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section'307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
Version 1110912011

NPDES Permit Standard Conditions -
Page 18 of 18
NC DENR / Division of Water Quality / Surface Water Protection Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (1Us) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [I5A
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
Version 1110912011

- — -t
411
U
MAY 23 2012
g •"
WATER QUALITY SECTION
} ASHEVILLE REGIONAL OFFICE
:.�e�,`.:ut�i•.n�r.::5.d�,:ifia:.R.:.t. ,L.: wiart_:J.-•r... .. ..
Mrs. Dina Sprinkle
NC / DENR Water Quality / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr J. David Young
Whiteside Estates, Inc.
P. O. Box 100
Highlands,. NC 28741
[phone]
May.4, 2012
Re: NPDES Permit NCO075736 / Whiteside Estates, Inc. / Jackson County, NC
Dear Mrs. Sprinkle:
As per the requirements listed in the letter of Mr. Charles H. Weaver dated April 3, 2012
to me (copy attached), this letter is being written to request the renewal of the referenced
permit.
I believe the renewal application to be complete. Please contact me with any questions
that arise.
Also, you will note that this submittal is postmarked a day or two after the May 4, 2012
deadline mentioned in Mr. Weaver's letter. I have enclosed evidence of my wife's car
accident on the afternoon of April 29, 2012 an44ask that. you please not penalize us for
this. My wife is recovering -and will be OK eventually but the accident and caring for her
have distracted me from mailing this to you timely. Please feel free to contact any of the
parties involved in her care should you need further documentation of her accident.
Thank yo .
Most �i ,ierely:
J. Da d Young
Whit side Estates, Inc.
they nasinwnca..ama
(8281526-9916
[phone] cell #
[phone] fax

NPDES APPLICATION - FORM D
For .privately owned treatment systems. treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit,
1617 Mail Service Center, Raleigh, .NC 27699-1617
NPDES Permit C00 57�
If you are completing thisform in computer use the TAB key or the up - down arrows to moue from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City, -
State / Zip Code
Telephone Number
Fax Number
e-mail Address
cS28� 526— 991b
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road e�
City
State / Zip Code
County
3.. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
`.referring to the -.Operator in Responsible Charge or ORC)
Name
Mailing Address
.City
State / Zip Code.
Telephone Number 1
Fax Number
1 of 3 Farm-D 05108

NPDES APPLWATION - FORM D
For privately owned treatment. systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility. Generating Wastewater(check all that applyr
Industrial
❑
Number of Employees
,Commercial
❑
Number of Employees
Residential
❑
Number of Homes
School
❑
Number of Students/Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Population served:
5. Type of collection system
❑ Separate (sanitary sewer only) ❑ Combined .(storm sewer and sanitary sewer)
.6. Outfall Information:
Number of separate discharge points
Outfall Identification -number(s)
Is the outfall equipped with a diffuser? ❑ Yes ❑ No.
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallr
8. Frequency of Discharge: ❑ Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
►�c LY
31;ZV)z
Zoo-7
2 of 3 Form-D 05/08

NPDES APPLICATION - FORM D
For privately owned ,treatment systems treating 100% domestic wastewaters <1.0 MGD
.10: Flow Information:
Treatment Plant Design flow MGD
Annual Average .daily flow MGD (for the. previous 3 years)
:Maximum daily flow MGD' (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X No
12. Effluent Data
.Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum
and monthly average. If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
-Non-attainment program (CAA)
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Printed name of Peri* Signing t Title
Signature of
Date
North Carolina General Ptatute 143-215.6 (b)(2) states: Any person -who knowingly makes any false statement representation, or certification in any
application, record, rep9ft, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implemen ng that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by, a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 05/08

0
ROAD -CLASSIFICATION
PRIMARY HIGHWAY'. UGHr_DUTY ROAD, HARD OR
HARD SURFACE IMPROVED SURFACE
SE
CONDARY
HIGHWAY
0 SURFACE UNIMPROVED ROAD
Latitude Longitude 83*09-14-
Map # G68W Sub -basin 404,02
Stream Class WS-III CS,
Discharge Class
SCALE 1:24 000
QUAD LOCATION
Whiteside Estates, Inc.
■ NCO075736
Jackson County

A74LA.
NCDENR
North Carolina Department of Environmer
Beverly Eaves Perdue
Governor
Mr. John D. Young
Whiteside Estates, Inc.
P.O. Box 100
Highlands, NC
Dear Permittee:
28741-0100
Division of Water Qua
Charles Wakild, P.E..
Director
`I a<
April 3, 2012
N�uOW I`Lbs$u ,teC
lPecreltary
reeman
APR 1 7 2012
WATER QUALITY SECTION
ASHEVILLE RECtIONAL OFFICE
Subject: Renewal Notice
NPDES Permit NCO075736
Whiteside Estates WWTP
Jackson County
Your NPDES permit expires on October 31, 2012. Federal (40 CFR 122.41) and North Carolina (15A
NCAC 211.0105 (e)) regulations state that permit renewal applications must be filed at least 180 days prior
to expiration of the current permit. If you have already mailed your renewal application, you may
disregard this notice.
Your renewal package must be sent to the Division postmarked no later than May 4, 2012. Failure
to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed
depending upon the delinquency of the request.
If any wastewater discharge will -occur after October 31, 2012, the current permit must be renewed.
Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1;
unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day.
If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact
me at the telephone number or address listed below.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you
must submit with the permit renewal application. If you have any questions, please contact -me at the
telephone number or e-mail address listed below.
Sincerely,
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
Asheville Regional Office, Surface Water Protection
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarohna
Phone: [phone] I FAX [phone] I [e-mail] - NJ
tuy��//�
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper L L`

r
United States Environmental Protection Agency
Form ApproVed.
Washington, D.C. 20460
EPA
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System. Coding (i.e., PCS) ,
Transaction Code NPDES yr/mo/day Inspection Type Inspector, Fac Type
1 I NI 2 15I 31 NCO075736 111 - 12I oe/o6/19 117 181 rl 191 GI 201
L J �--� U U L__!
Remarks
211 1 1: I I I I I I I I I I I �, 1 1 1 1.1 Jill 1 1 1 1 1 1 1 1 .1 1'1 1-1 1 1 1 .1 1 1 1 1 16
Inspection Work Days Facility Self=Monitoring Evaluation Rating 61 CIA -------- Reserved-- --
67 I 169 70 U 71 U 72 73 � 74 751 I I I- I I I 180
�--�
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name. and NPDES permit Number)
04:40 PM OB/06/19
07/11/01
Whiteside Estates Incorporated
Exit Time/Date
Permit Expiration Date
NCSR 1143 Norton Rd
Highlands NC 28741
04:50 PM 08/06/19
12/10/31
Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) ' ,
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number'
Contacted
John David Young,PO:Box 100 Highlands NC 28741//828-526-9916/82878710W90
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit
Section D: Summary of Finding/Comments; Attach additional sheets of narrative and checklists as necessary)
An
(See attachment summary)
Name(s) and Signature(s)`of Inspector(s) Agency/Office/Phone and Fax Numbers Date.
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
r
Page # 1

NPDES yr/mo/day Inspection Type 1
3I NCO075736 I11 12I 08/06/19 117 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Facility is not constructed.
Page # 2

Facility information
NPDES permit #:
Facility name:
WWTP class:
WWTP type:
WWTP location:
Responsible official:
Responsible " 's title:
Mailing address:
-Email:
Phone numbers
828-526-9916
828-787-1056 -
Oaerator information
Certified ORC & grade:
Permit information
Date issued: .
Expiration date:
Stream information
Stream & river basin:
Sub -basin:
Stream classification:
Instream Waste Conc.:
Summer 7910 cfs: 0.43
.30Q2 cfs: 0.8-
Other information
Directions: ,
NC0075736 Jackson County
Whiteside Estates
This facility has not been constructed. (ADN)
After submission of EAA and :receipt of A to C,
0.100 MGD extended aeration WWTP with tertiary
treatment
off NCSR 1143, west,of'Cashiers
John David Young
owner
PO Box 100; Highlands, NC 28741
[e-mail] -
David Young @ home
fax
n/a
11-172007 _
1041-2012
Grassy Camp Creek; Little Tennessee River Basin
04-04-02 Quad: Grid: G 6 SW
WS- III Drainage area sq mi: 0.73
26.5%- Average stream flow: 2.8
Winter 7Q10 cfs: 0.54

© A
ea_sJTom` • • ._
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
October .8; 2007
Mr. J. David Young
Whiteside Estates, Inc.
P.O. Box 100
Highlands, NC 28741
William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
Subject: Issuance of NPDES Permit NCO075736
Whiteside Estates WWTP
Jackson County
Dear Mr. Young:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently
amended).
This final permit includes no major changes from the draft permit sent to you'on August
15, 2007.
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 (36)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office -of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other.Federal or Local
governmental permit that may be required. If you have any questions concerning this permit, please
contact Charles Weaver at telephone number [phone], extension 511.
Sincerely, "
Coleen H. S
. e:
cc: Central Files
s evi�lle Regial Office/fur- ace Water Protection,
ES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10%a Post Consumer Paper
— a7, '
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Permit NC00075736
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliancewith the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water
Pollution Control Act, as amended,
Whiteside Estates, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Whiteside Estates WWTP
NCSR 1143 west of Cashiers
Jackson County
to receiving waters designated as Grassy Camp Creek in subbasin 04-04-02 of the Little Tennessee River
Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III and IV hereof.
This permit shall become effective November 1, 2007.
This permit and authorization to discharge shall expire at midnight on October 31, 2012.
Signed this day October 8, 2007.
L y`' oleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

5
Permit NC00075736
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Whiteside Estates, Inc. is hereby authorized to:
1. After submission of an. approved Engineering Alternatives Analysis (EAA) and receipt
of an Authorization to Construct from the Division, construct and operate a 0.1 MGD
extended -aeration wastewater treatment facility with tertiary treatment. The facility will
be located off NCSR 1143 at Whiteside Estates, west of Cashiers in Jackson County.
2. Discharge from said treatment works at the location specified on the attached map into
Grassy Camp Creek, a class- WS-III @ stream in subbasin 04-04-02 of the Little
Tennessee River Basin.

I
PRIMARY HIGHWAY UGHT•DUTY ROAD. HARD OR
HARD SURFACE IMPROVED SURFACE
SECONDARY HIGHWAY
HARD SURFACE C=31111111111111111= UNIMPROVED ROAD = = =
Latitude - 35006'49' Longitude 83009'14'
Map # G6SW . Sub -basin -4$48 , L
Stream Class WS-111 c, ®--
Discharge Class 05 13
Receiving Stream Grassy Camp Creek
Design Q 0.1 Mao
QUAD LOCATION
Whiteside Estates, Inc.
NCO075736
Jackson County

Permit NC00075736
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
pARAMETER`< �'�
LIMI7aS §ems
MONITORINGREQUIREMENTS
`f`g'i
���'' �'%=�i.
f.,A$ +ti `f .cC d� 21•
z' x�Monthly
Daily 3�A
Measurements SampleType l Sample Locaf o£n?
,n
'i K``�
R
. 3,.. ky _ : u . r
y Average, Maximum
Frequency :. }z,
Flow
0.1 MGD
Continuous
Recorder
Influent or Effluent
BOD, 5-day (20°C)
5.0'mg/L
7.5 mg/L
3Meek
Composite
Effluent
(April 1— October 31
Br%n r ., nr�on�
OLD 5 LI y (c t,�
1n,n n .
v.v )iigr�
4c n rL
i�.v ii)gr
�nnr i,
1jivvccn
rr,,..,.,..'4_
vvnIVUOILc
�r+l +
�.n ucin
November 1— March 31
Total Suspended Solids
20,0 mg/L
30.0 mg/L
3Meek
Composite
Effluent
NH3 as N
2.0 mg/L
10.0 mg/L
3Meek
Composite
Effluent
(April 1— October 31
NH3 as N
4.0 mg/L
20.0 mg/L
3Meek .
Composite
Effluent
November 1— March 31
Fecal Coliform (geometric mean)
200 / 100 ml
400 / 100 ml
3/Week
Grab
Effluent
Total Residual Chlorine
28 Ng/L
3Meek
Grab
Effluent
Temperature (°C)
Daily
Grab
Effluent
Temperature (°C)
3/Week
Grab
Upstream & Downstream2
Dissolved Oxygen
Daily average > 6.0 mg/L,
3/Week
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Upstream & Downstream2
Total Nitrogen
Semi-annually
Composite
Effluent
NO2+NO3+TKN
Total Phosphorus
Semi-annually
Composite
Effluent
pH
> 6.0 and < 9.0 standard units
3Meek
Grab
Effluent
Footnotes:
1. Upstream = at.the dam outfall road. Downstream = downstream above the confluence with Shortoff Creek.
2. Instream samples shall be collected 3 times per week from June 1 through September 30 and weekly during the
other months of the year.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
N

NPDES Permit Standard Conditions
Page 1 of 16
y PART. -II -
STANDARD CONDITIONS FOR NPDES ,PERMITS
Section A. ' Definitions
2/Month
Samples are, collected twice per month with at least ten calendar days, between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year.' . In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
B ass
The known diversion of waste streams from anyportion of a treatment facility including the collection system, which
is not.a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day. until midnight of the -next day.. However,, for purposes of .this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Quarter
One of the ..following distinct periods: January through March, April through June, July through September, and -
October through December.
'-Composite Sample .
A sample collected over a 24-hour period by continuous sampling, or combining grab samples ' of at -least 100 ml in
such a manneras to result in a total sample representative of the wastewater discharge during the sample period. The .
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab .samples, etc.) on a rase -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods: .
(1) Continuous: a single, continuous sample collected over.a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: -a series of -grab samples collected at equal time intervals over a 24 hour
period of discharge combined proportional to .the rate. of flow measured at the time of individual sample
collection, or
(3) Variable time/constant. volume: a series of grab samples of equal volume collected over=a 24 hour period
with `the time intervals between samples determined by a preset number of gallons passing the sampling
point Flow measurement between' sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between sample. collection fixed at no greater than 1/24 of the
expected total daily flow'at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume,collected over a 24-hour period at
a -constant time interval. This" method may -only be used in situations where effluent flow rates vary
less. than 15 percent. The grab samples shall be taken at intervals of no greater -than 20 minutes apart
during any 24-hour period and must be of equal size and of no' less, than.100 milliliters.. Use of this method
requires prior approval by the Director.
Version 8*2006

NPDES Permit -Standard Conditions
Page 2 of 16
In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more than once per hour except at wastewatertreatment systems
having a detention time of greater. than 24 hours. In such cases, effluent grab samples may be collected at
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of 'the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four during a 24-hour sampling period -
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating, hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period. that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration fora 24-hour sampling period as either a composite sample concentration or the.arithmetic mean of all
grab samples collected during that period. (40 CPR 122.2)
Daily Maximum
The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not
submit a "daily average" calculation .[for determining compliance with permit limits] for toxicants. See the relevant
Federal effluent guideline[s] for the appropriate calculation interval.
Daily Sampling'
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. 'If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitatiotis and Monitoring Page(s).
DWO or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the) number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]') shall be considered = L
Grab Sample'.
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes - -Grab Grab samples can be
collected manually. Grab samples must .be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act
Instantaneous flow measurement .
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total.
discharge.
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• NPDES Permit Standard Conditions
Page 3 of 16
Monthly A''verage" (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality,
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter..'
Severe progeny damn
8ubStMti2& physical damage to property, damage to the treatment facilities which'causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant
:Any pollutant listed as toxic under Section 307(a)(I of the Clean Water Act
Upset
An incident, beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed_, treatment facilities, inadequate treatment facilities, lack of preventive "
maintenance, or careless or improper operation.
Weekl�Average (concentration limitl _ -
The arithmetic mean of all "daily discharges" of a pollutant measured during"the calendar week. In the case 'of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
L Duty to Come*
The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent :standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants' and with standards for sewage sludge use or disposal established under
section 405(d) of 'the Clean Water Act within the time. provided in the regulations -that establish these,.
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement
b. - The Clean Water Act provides that any person who violates -section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing, any_ such sections in a permit issued under -section
402, or any;requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject,to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such- sections in it permit issued under
section 402 of 'the Act, or any requirement imposed in it, pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act,'is subject to criminal penalties of $2,500 to $25,0M per day"of violation, or,
imprisonment of not more than 1 year, or both. In the case of a second or subsequent" conviction for a
negligent violation,, a person shall be subject to criminal- penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41- (a) (2)]
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�TADES Permit Standard Conditions
Page 4 of 16
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. .
[40 CFR 122.41 (a) (2)] '
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308,318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(1ii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine'of not more than $1,000,000 and can be fined
,up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a). (2)] -
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. '[North
Carolina General Statutes' S' 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section '301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
-sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class H violations are not to exceed $10,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable sieps to ininimi a or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment
[40 CFR 122.41 (d)].
I Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part H. C. 4), "Upsets" (Part H. C. 5) and "Power
Failures" (Part H. 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 temporadly-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 132E Furthermore, the Permittee is' responsible for
consequential damages, such as fish kills, even�.though the responsibility for effective compliance may be
temporarily suspended
5. Rggp= Rights
The issuance of this permit does not convey any, property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41
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. Severabditg'
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• WPES Permit Standard Conditions
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c.. Changes- to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the faality; a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or, together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22] -
d. Certification. Any person signing a document under paragraphs ,a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"I certify, under penally of law, -that this document and all attachments were prepared under my direction or
supe►0sion in accordance wif i a system designed to assure that qualified personnel property gather and evaluate
the info►mation 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 possibili y 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 fora permit modification, revocation and reissuance,' or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41
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 is 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's
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.
14. Annual AdmiaisIcdWand Compliance Monitoring Fee Requirements '
The Petmittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division -to initiate action to revoke the permit
Section C. Operation and Maintenance of Pollution Controls
1. -Certified Operator
Upon classification of the permitted facility by the Certification Coaimis'sion, the Pemmittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
e w
classification assigned to thater pollution control treatment system by the Certification: Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility at least weekly r
➢ Comply with all'other conditions of 15A NCAC 8G.0204.
The ORC of each Class'II, III and IV facility must
➢' Visit the facility at least five days per week, excluding holidays
Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other, conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permttee shall submit a letter to the. Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced • into a new system
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NPDES Permit Standard Conditions
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The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permitter 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.
SiQnP at= Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental "compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if.
1. The authorization is made in writing by a person described above;.
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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b. Within 120 calendar days of '
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC..
2.. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly, operate and maintain all.facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities .only when necessary, to achieve compliance with the conditions of the
permit [40 CFR 122.41
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit (40 CFR 122.41
(C)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also. is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section..
-b. Notice [40 CFR 122.41 (m) (3)] '
m Anticipated bypass. If the .Permittee knows in advance of the need fora bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an- evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
H. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and, the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent.loss of life; personal injury or severe property damage;
(B) There were no feasible alternatives, to the. bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal .periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a' bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section. -
(2). Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an .anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it willmeet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action .
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met No determination made during administrative review of claims that
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noncompliance was caused by upset, and before anaction for noncompliance, is -final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify, the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E: 6. (b) of this permit
(4) The Permittee complied with any remedial measures required under Part 11. B. 2. of this permit
c. Burden of proof [40 CFR 122.41 (n) -(4)]: The Permittee seeking to establish_ the occurrence of an
upset has the -burden .of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee-
.shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge maybe
reopened and modified, or revoked and reissued, to incorporate • applicable requirements at 40 CFR- 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the .regulation, even if the permit is not modified to incorporate the
requirement The Permittee shall notify the Permit Issuing Authority, of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Pernrittee is responsible for tinaintaining adequate safeguards (as required by 15A NCAC 2H.01244 —
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. MonitorinQ and Records
1. Regresentatiye Sampling
Samples collected and measurements taken, as required herein, sha11 be characteristic of the volume and nature of
the permitted discharge.. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41
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. (iVIR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period
The first DMR is due on the last day of the month following the issuance of the permit or in the rase of a new
facility, on .the last day of the month following the commencement .of, discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality % Water Quality Section
ATTENTION: Central'Files
1617 Mail Service Center
.Raleigh, North Carolina- 276994617
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3., Flow Measurements
Appropriate -flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability, of measurements of the .volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure thafthe accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be .accurately calibrated at a minimum of once per year and maintained
to ensure ,that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and,monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, 'or•pump hour meters as specified in Part I
of this permit and based on -the manufacturer's pump -curves shall not be subject to this requirement.
4. Test Procedures
-Test procedures for the analysis of pollutants shallconform 'to the EMC regations (published pursuant to
NCGS,143-215.63 et seq.), the -Water and Air Quality Reporting Acts;'and='to regulations published pursuant to
$ection. 304(g), 33 USCI 1314, of .the Federal Water Pollution Control- Act (as Amended),.. and 40 CFR 136; or. in
the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit [40 CFR 122.41]. :
To meet the intent of the monitoring required by this`permit, all test procedures must produce minimum
detection and reporting levels that are.below the permit discharge requirements and all data -generated must be
reported down to the minimum detection or lower reporting level of the procedure: If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting_ level) approved method must
be used
5. Penalties for Tampering.. .
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall; upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two pears per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than.$20,000 per day.of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41]. -
6. Records ,Retention
Except, for. records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a.period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain "records of all monitoring information, including
➢ all calibration and maintenance records
➢ :all original strip chart recordings for continuous monitoring instrumentation .
➢ copies of all reports required by this permit
copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. ` This: peiiod.may be extended by request of the Director .at any time [40- CFR
122.41].
7. Recording Results
For each.measurement or sample taken pursuant to the requirements of this permit; theTermittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s)' who performed .the sampling or measurements;
c. The date(s) analyses were performed; :
& 'The individual(s) who performed the analyses;
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e. The analytical techniques or methods used; and
f. The results of such ,analyses.
8. Inspection and Entev
The Petmittee 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 tunes, any records that must be kept under the conditions of this
Permit;.
c. Inspect at reasonable tunes any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and,
d. Sample or monitor at reasonable tunes, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean. Water Act, any substances or parameters at any location [40 CFR 122.41 �].
Section E ReVorting Requirements
L Change in Disehatg_e
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 Pemuttee shall give notice to the Director as soon .as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources 'at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged .This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use .or disposal practices,
and such alteration, addition or 'change may justify the application of permit conditions that are. different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Antidpated Noncompliance
The Pemuttee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (I) '(3)]..
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2) or forms
provided by the,Director for reporting results of monitoring of sludge use -or disposal practices.
b. If the Petmittee monitors any pollutant more frequently than required by this permit, the results - of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR
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6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or ' the * appropriate Regional Office any noncompliance that
.potentially threatens public health or the environment.- Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A' written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of ;the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is.
expected to .continue; 'and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CPR 122.41 (1) (6)].
b. The Director may waive the written report, on a. case -by -case basis for reports under this section if the oral
report has been received within 24 hours. y
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone]; [phone] or [phone].
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 Tart II..E. 6. of
this permit [40 CFR 122.41
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or. in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.410) (8)].
9: Noncompliance Notification
The Permittee shall report by telephone to either the central office or the. appropriate -regional office of the
Division, as, soon as possible, but in no case inore than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester, the known passage. of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station,, sewer line, or treatment facility resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility..
Persons reporting such occurrences by telephone shall also -file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection, at the offices
of the Division. 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 crirninal penalties as provided for in
NCGS.143-2151.(b)(2) or in Section_309 of the Federal Act.
11. Penalties for Falsification of feports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submittedor required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall;, upon conviction, be punished by a fine of
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not more than $25,000 per violation, or by imprisonment for not "more than two years per violation, or by both
[40 CFR,122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was ;compliant with applicable- Federal or State laws, regulations and rules pertali �g to water quality.
-The report shall be -provided no later than sixty' days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation. . ' . -
PART III
OTHER REQUIREMENTS,,
Section A Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment
capacity, nor change the treatment processes) utilized at the treatment plant.unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an "AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitorins<
The Permittee shall, upon written -notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with. the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That :any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not.limited in the permit, if that -discharge will exceed the highest of the
following "notification levels";,
(1) One hundred micrograms per liter 000 µg/L);
(2) " Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitdle; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-44.6-dinitrophenol; and one"milligram per liter t
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred - or will occur which would result in any, discharge, .on a non -routine or
infrequent -basis; of, a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
0) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter 0 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in, the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives .
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facilityis 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
an o
such form and' detail as requited by the Division evaluating these alternatives and a plan action within 60 days of
notification by the Division. -
Section E. FAg ty Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State.. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate, notice to the Director of the following -
I,. Any new introduction of pollutants into the POTW from an indirect discharger which would`be subject to
'section" 301 or 306 of CWA if it were directly. discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being, introduced by an indirect discharger
as.influent to that POTW at the time of issuance of the permit
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of `
effluent introduced into, the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to .be discharged from the POTW
Section B. Municipal Control of Pollutants".from Industrial Users "
1. Effluent limitations are listed .in Part I of .this permit Other pollutants attributable to inputs from
industries using the municipal .system may . be '-present in the Pertnittee's discharge. At such time as
sufficient information becomes available to establish limitations for such pollutants,, this permit may be
revised to specify effluent limitations for any or all- of such other, pollutants in • accordance with best
practicable technology or water quality standards.
2. Under no circumstances shall the Permittee allow introduction of the. following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including,' but not limited to,
wastestreams with a closed cup • flashpoint of less than 140 . degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21; '
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless -the works is specifically designed -to accommodate such. Discharges;*
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the-POTW
resulting in Interference;
d Any pollutant, including oxygen demanding pollutants (BOD; etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e.. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in .
no case heat in such quantities that the temperature at the POTW ,Treatment Plant exceeds 40°C
(1047) unless, the Division, upon request of the POTW, approves alternate temperature limits;
f Petroleumoil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that well
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors; or fumes within the POTW in a
quantity that may "cause acute worker health -and safety, problems;
h. Any trucked or hauled pollutants, e$cept at discharge points designated by the POTW.
I With regard to* the effluent requirements listed in Part I of this permit, it -may be necessary for the
Permittee to supplement the' requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee
maybe necessary' regarding some or all of the industries discharging to -the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
- Federal Pretreatment Standards promulgated in response.to Section 307(b) of the Act Prior to accepting
wastewater from any significant industrial user, the Pernittee shall either develop and submit to the
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Division a Pretreatment Program for approval per 15A NCAC 2H-.0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b). 11
5. This permit shall be modified, or altematively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a complianceschedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C � Pretreatment Programs
Under authority of sections 307(b) and (c).and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with, the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey(lWSI
The Permittee shall update its ,Industrial Waste Survey (IWS) to include all -users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific
data to be used. in a wastewater treatment plant Headworks Analysis (HWA) " for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5.).
4. Headworks Analysis aMA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to, the Division a written technical evaluation
of the need to revise local limits (Le., an updated HWA or documentation- of why one is not needed) [40
CFR 122.44]. The Permittee shall develop, in accordance with 40 CPR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
5. Industrial User Pretreatment Permits aZ & Allocation Tables,
In accordance with NCGS 143-215.1, the Permittee, shill issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules ,as 'necessary for the installation -of treatment and control
.technologies -to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table . (AT) which summarizes the results
of the Headworks Analysis ,(HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
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6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization. to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit TN) limitations.
7. POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year,
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan =
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following.
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b) Pretreatment Program Sumuna {PPS=
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report � NCR),
T1me nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by the Division;
d.) Industrial Data Summary Forms (MSF)
Verssbn M)2006

•
0 NPDES Permit Standard Conditions "
Page 16 of 16
Monitoring data from samples collected by both the POW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTWs allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period
12. Record Keeping
The Permittee shall retain for a min+*num of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
15A NCAC 2H .0907.
Version W2006

Facility Name:
NPDES No.:
Type of Waste:
Facility Status:
Permit Status:
Receiving Stream:
Stream Classification:,
Subbasin:
County:
Regional Office:
Requestor:
Date of Request:
Topo Quad:
FACT SHEET FOR WASTELOAD ALLOCATION
Request #
Whiteside Estates Waste Water Treatment Plant
NCO075736
Domestic - 100%
Existing
Renewal
Grassy Camp Creek
WS - III
04-04-02
7693
FEB 1 '3 R9
Jackson Stream Characteristic:
Asheville USGS #
Lucas Date:
12/16/94 Drainage Area (mi2):
G 6S W Summer 7Q10 (cfs):
Winter 7Q10 (cfs):
Average Flow (cfs):
30Q2 (cfs):
IWC M:
Wasteload Allocation Summary
(approach taken, correspondence with region, EPA, etc.)
03.5074.9235
1988
0.73
0.43
0.54
2.8
0.8
26.5
Modeling analysis of 1988 indicates that nutrients should not cause problems at Lake Thorpe.
Continued monitoring will be recommended as a means of verification. - _
Since facility is not yet built, a chlorine limit will be required, per current SOP. Proposed Highlands
Towne and Country Golf Club [NC0074802] file has been reviewed for consistency of
recommendation(s).
Special S,phedule Requirements and additional comments from Reviewers:
Recommended
Farrell Keough
Reviewed by I
Instream 4Eggisneering:
ment: - Date:
Regionalisor: ��;�}, Date:
Permits &
RETURN TO TECHNICAL SERVICES BY: ~' `
Tt

Existing Limits:
Wasteflow (MGD):
BOD5 (mg/1):
NH3N (mg/1):
DO (mg/1):
TSS (mg/1):
Fecal Coliform (/100 nil):
pH (SU):
Residual Chlorine (µg/l):
Oil & Grease (mg/1):
MBAS (mg/1):
TP (mg/1):
TN (mg/1):
Recommended Limits:
Wasteflow (MGD):
BOD5 (mg/1):
NH3N (mg/1):
DO (mg/1):
TSS (mg/1):
Fecal Coliform (/100 ml):
pH (SU):
Residual Chlorine (µg/1):
Oil & Grease (mg/1):
MBAS (mg/1):
TP (mg/1):
TN (mg/1):
Parameter(s) affected:
Residual Chlorine ,
2
CONVENTIONAL PARAMETERS
Monthly Average
Summer Winter
0.100
5.0
10.0
2.0
4.0
6.0
6.0
30
30
200
200
6-9
6-9
monitor
monitor
monitor
monitor
monitor
monitor
monitor
monitor
monitor
monitor
Monthly Average
Summer . Winter wQ or EL
0.100
1
5.0
10.0 wQ
2.0
4.0 wQ
6.0,
6.0
30
30
200
200
6-9
6-9
28.0
28.0 wQ AT
monitor
monitor
monitor
monitor
monitor
monitor
monitor
monitor
Limits Changes Due To:
New and Existing T15A: 02H 0.103 (14) (c)
and current SOP
_x_ Parameter(s) are water quality limited. For some parameters, the available load capacity of
the immediate receiving water will be consumed. This may affect future water quality based
effluent limitations for additional dischargers within this portion of the watershed.
OR
No parameters are water quality limited, but this discharge may affect future allocations:

WAiF9P .�
r NCDENR
Mr. John David Young
Whiteside Estates, Inc.
P.O. Box 849
Highlands, North Carolina 28741
Dear Mr. Young:
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
December 6, 2002
Subject: Issuance of NPDES Permit NC0075736
Whiteside Estates WWTP
Jackson County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated May 9,1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on October 9, 2002.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of
this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Water Quality or permits required by the Division of Land
Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be
- required.
_- If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919)
733-5083, extension 511.
cc: Central Files _
l�she J1:16 Regional. Office/Water QualitySection
NPDES Unit
Sincerely,
ORIGINAL SIGNED Bl
SUSAN. k WLSOM-_ .
Alan W. Klimek, I't_EJO 1117 f� ,i
JiJ++ DEC 13 2002
d;,•���C�JhLlgVSEtT10 t
i��iC_
N. C. Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Internet: h2o.enr.state.nc.us
Phone: [phone], extension 511
Fax: [phone]
e-mail: [e-mail]

• Permit N000075736
f
SUPPLEMENT TO PERMIT COVER SHEET
Whiteside Estates, Inc., is hereby authorized to:
1. After submission of an approved Engineering Alternatives Analysis (EAA) and receipt
of an Authorization to Construct from the Division, construct and operate a 0.1 MGD
extended -aeration wastewater treatment facility with tertiary treatment. The facility will
be located off NCSR 1143 at Whiteside Estates, west; of Cashiers in Jackson County.
2. Discharge from said treatment works at the location specified on the attached map into `
Grassy Camp Creek, a class WS-III stream in the Little Tennessee River Basin.

_, ---) Permit NC00075736
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PF.R MTT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water
Pollution Control Act, as amended,
Whiteside Estates, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Whiteside Estates WWTP
NCSR 1143 west of Cashiers
Jackson County
to receiving waters designated as Grassy Camp Creek in the Little Tennessee River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become effective January 1, 2003.
This permit and authorization to discharge shall expire at midnight on October 31, 2007.
Signed this day December 6, 2002.
ORIGINAL SIGNS® BY
SUSAN A. WILSON
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

ROAD CLASSIFICATION
PRIMARY HIGHWAY UGHf-DUTY ROAD, HARD OR
HARD SURFACE IMPROVED SURFACE
SECONDARY HIGHWAY
HARD SURFACE UNIMPROVED ROAD _ =
Latitude 350 6'49" Longitude 8300914"
Map # G6SW Sub -basin 40402
Stream Class WS-111
Discharge Class 05 13
Receiving Stream Grassy Camp Creek
Design 0 0.1 M0J
SCALE 1:24 000
QUAD LOCATION
Whiteside Estates, Inc.
■ N CO075736
Jackson County

Permit NC00075736
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
LIMITS _
MONITORING REQUIREMENTS
Monthly
.' Average ..
Daily
Maximum.
Measurement
Frequency -
Sample Type
Sample Location'
Flow
0.1 MGD
Continuous
Recorder
Influent or Effluent
BOD, 5-day (202C)
(April 1— October 31
5.0 mg/L
7.5 mg/L
3/Week
Composite
Effluent
BOD, 5-day (202C)
November 1— March 31
10.0 mg/L
15.0 mg/L
3/Week
Composite
Effluent
Total Suspended Solids
20.0 mg/L
30.0 mg/L
3/Week
Composite
Effluent
NH3 as N
(April 1— October 31
2.0 mg/L
3/Week
Composite
Effluent
NH3 as N
November 1— March 31
4.0 mg/L
3/Week
Composite
Effluent
Fecal Coliform (geometric mean)
200 / 100 ml
400 / 100 ml
3/Week
Grab
Effluent
Total Residual Chlorine
28pg/L
3/Week
Grab
Effluent
Temperature (2C)
Daily
Grab
Effluent
Temperature (2C)
3/Week
Grab
Upstream & Downstream2
Dissolved Oxygen3
3/Week
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Upstream & Downstream2
Total Nitrogen
NO2+NO3+TKN
Semi-annually
Composite
Effluent
Total Phosphorus
Semi-annually
Composite
Effluent
pH4
3/Week
Grab
Effluent
Footnotes:
1. Upstream = at the dam outfall road. Downstream = downstream above the confluence with Shortoff Creek
2. Instream samples shall be collected 3 times per week from June 1 through September 30 and weekly during the
_-. other months of the year.
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
- There shall be no discharge of floating solids or visible foam in other than trace amounts.

PART I
(Continued)
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with
the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit
unless specified below.
2. Pemiittee shall at all times provide the operation and maintenance necessary to operate the existing
facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance, the
permittee shall submit either a report of progress or, in the case of specific actions being required by
identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall
include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next
schedule requirements.

PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority: The Director of the Division of Water Quality.
2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural
Resources.
3. EMC Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge' is defined as the total mass of all daily discharges sampled and/or
measured during a calendar month on which daily discharges are sampled and measured, divided by the
number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic
mean found by adding the weights of the pollutant found each day of the month and then dividing this sum
by the number of days the tests were reported. The limitation is identified as "Monthly Average' in Part I of
the permit.
b. The "weekly average discharge' is defined as the total mass of all daily discharges sampled and/or measured
during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided
by the number of daily discharges sampled and/or measured during such week. It is, therefore, an
arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing
this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in
Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If
only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum
daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured
during the calendar year on which daily discharges are sampled and measured, divided by the number of
daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by
adding the weights of pollutants found each day of the year and then dividing this sum by the number of
days the tests were reported. This limitation is defined as "Annual Average' in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations
of all daily discharges sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or measured during such
month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation
is identified as "Monthly Average' under "Other Limits" in Part I of the permit.

• Part II
Page 2 of 11
6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations
of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily
discharges are sampled and measured divided by the number of daily discharges sampled and/or measured
during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal
to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average weekly count for fecal
coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This
limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. F
only one sample is taken during any calendar day the concentration of pollutant calculated from it is the
"Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the
permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations
of all daily discharges sampled and/or measured during a calendar year on which daily discharges are
sampled and measured divided by the number of daily discharges sampled and/or measured during such
year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average yearly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as "Annual Average" under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved
oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one
dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average
concentration" for the discharge. It is identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is
identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through March, April through
June, July through September, and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the
sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility, which occurs continually
without interruption throughout the operating hours of the facility. Flow shall be monitored continually
except for the infrequent times when there may be no flow or for infrequent maintenance activities on the
flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and
combined proportional to the rate of flow measured at the time of individual sample collection, or

Part II
Page 3 of 11
8. a. (2) a series of grab samples of equal volume collected over a 24-hour period with the time intervals between
samples determined by a preset number of gallons passing the sampling point. Flow measurement
between sample intervals shall be determined by use of a flow recorder and totalizer, and the present
gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
(3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no greater than
once per hour, and the time interval between effluent grab samples shall be no greater than once per hour
except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases,
effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are
equal in number of hours to the detention time of the system in number of days. However, in no case
may the time interval between effluent grab samples be greater than six (6) hours nor the number of
samples less than four (4) during a 24-hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15
minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or
the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided
by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual
values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog
of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric
mean, -values of zero (0) shall be considered to be one (1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its
respective flow divided by the summation of the respective flows.
10. Calendar Da: 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 pernaittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.

® Part II
_ 1
Y Page 4 of 11
1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty
not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition
is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than
1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of
$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any
person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per
violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.
1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statute's § 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permits 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 H, 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.
Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, not 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.

/ f _ Part II
Page 5of11
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
Perni t Issuing Authority upon request, copies of records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
pemuttee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization
to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have
a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the
permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking
elected official.
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described above or by a duly authorized representative of that person. A person is a duly
authorized representative only if
(1) A person described above makes the authorization in writing;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position); and
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."

_ • Part H
Page 7 of 11
4. b. Bypass not exceeding limitations.
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, bue
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 tha ,
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 pernittee
for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) Bypass from the collection system is prohibited. The Permit Issuing Authority may take enforcement
action against a Pernttee for a bypass as provided in any current or future system -wide collection
system permit associated with the treatment facility.
(3). The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d.
(1) of this section.
5. U sets
a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit effluent limitations if the requirements of paragraph c. of this condition
are met. No determination made during administrative review of claims that noncompliance was caused by
upset, and before an action for noncompliance, is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (2) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit.
d. Burden of proof: In any enforcement proceeding the pernittee seeking to establish the occurrence of an
upset has the burden of proof.

• - Part II
Page 6of11
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 1222 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for
operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this
facility arises under this permit. The authority to operate the facility under previously issued permits bearing this
number is no -longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the
Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in
responsible -charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the
grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the
Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type
and any grade to comply with the conditions of Title 15A NCAC Chapter 8G.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, NCAC Chapter 8G.0202. Once the facility is classified,
the permittee shall submit a letter to the Certification Commission, which designates the operator in responsible
charge within thirty days after the wastewater treatment facilities are 50% complete.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the pemnittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities
or similar systems installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
0) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including
the collection system, which is not a designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.

Part II
Page 8 of 11
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The permittee
shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
.reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503.
The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage
Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to
incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in
its sludge use or disposal practices.
7. Power Failures
The pernuttee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A,
North Carolina Administrative Code, Subchapter 211, .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
Representative Sampling
Samples .collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge.. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at
the monitoring points .specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on
a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved
by the Director, DEM, postmarked no later than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters
as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.

• Part II
Page 9 of 11
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR
136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR
503, unless other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods
are determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved
method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under
this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not
more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the permittee shall retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of
all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any time.
7. Recordina Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location.

t _ Part II
Page 10of11
SECTION E REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terns 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 shallgive notice to the Director as soon as possible of any planned physical alterations or additions
to the pernitted 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 perniittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan. .
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permittee and incorporate such other requirements as may be
necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this
permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures
specified in Part H, 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 pernuttee 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 pernuttee became aware of the circumstances. A written submission shall also be provided within 5
days of the time the perniittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the periodof noncompliance, including exact dates and
times, and -if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

' Part II
Page 11 of 11
6. b. The following shall be included as information which must be reported within 24 hours under this
paragraph:
(1) Any unanticipated bypass which exceeds any,effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the
permit to be reported within 24 hours.
C. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of
s this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this
permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information.
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. Availab!13: of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.

•
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to
change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have
been submitted to the Division of Water Quality and written approval and Authorization to Construct has been
issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct
groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with
the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per
liter (h mg/L) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (h mg/L) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally
sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with
the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall
submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of
action within sixty (60) days of notification by the Division.
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.

CERTIFIED MAIL / ARTICLE NO.7002 3150 0003 8088 7170
Mr J. David Young
Whiteside Estates, Inc.
P. O. Box 100
Highlands, NC 28741
[phone]
March 27, 2007
Mr. Charles H. Weaver, Jr.
_NC / DENR_ Water Quality / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Permit NC0075736 / Whiteside Estates, Inc. / Jackson County, NC
Dear Mr. Weaver:
I attach a copy of my letter to Mrs. Valery Stephens dated April 4, 2002 -as background
for the enclosed renewal application.
Please contact me with any questions that arise.
Thank you.
Sincerer/:
J. D id Young -
teside Estates, Inc.
th VOunQsinwnc0unc
( 28) 526-9916
( 28) 787-1056 fax

NPDES APPLICATION : FORM D
For privately owned treatment systems treating -100% domestic wastewaters <1:0 MGD.
Mail the complete application to:
N. C. Department of Environment and Natural Resources.
Division of Water Quality / NPDES Unit
1617 Mail Service -Center, Raleigh; NC 27699-1617 -
NPDES Permit: 000 _
7E_7 �
:... Please print or type... .
1. Contact Information:
Owner Name
Facility Name
Mailing Address -4::r
- City l�.aG Gn1
- - State / Zip Code -—
Telephone Number
Fax Number 767 -- (� �
A
e-mail Address 'H, i,,, r ,
2. Location of facility producing discharge:
Check here if sameaddress- as. above
Street Address or State Road .
City
State / Zip Code
County
Name of the firm, public organization or other entity tf
referring to the Operator in Responsible Charge or ORC)
Name
Mailing Address i
City
State / Zip Code
Telephone Number ( )
Fax Number ( )
operates
1 of 3
Form-D 4/05

XPI)ES APPLICATION - FORM 1)
Fo'r'privately'owned= treatment systems treating 100% domestic wastewaters <1.0. MGD
4. Description of wastewater:
FacilityGenerating Wastewater check all that apply):
g ( PP g): ...._. _ _..
Industrial ❑ Number..of Employees
Commercial ❑ Number of Employees
Residential ❑ Number of Homes
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Population served:
5. Type of collection system
❑ Separate (sanitary sewer only)
❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
.-Number of separate discharge -.points.
Outfall -Identification number(s)
Is the outfall equipped with a diffuser? : ❑ Yes
_ i.... _ _.... _.
❑ No..
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
r�_-� ly1J�r►�,
S. Frequency of Discharge: ❑ Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe. the treatment system
List all installed components, including' capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the descriptio"n of the treatment system in a
separate sheet of paper.
o� 31 Z00% .
2 of 3 Form-D-4/05

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow MGD
Annual Average daily flow MGD (for the previous 3 years)
Maximum daily flow - - — MGD (for the previous 3 years')''
11. Is this facility located on Indian.country?
❑ Yes j No
12. Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum
and monthly average. If only one analysis is reported, report as daily maximum.
Harty
Maximum
Measurement
Parameter
Mvnthiy
Average
Biochemical Oxygen Demand (BOD5)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste. (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
Permit Number
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained +in the application and that to
best of my knowleadge and belief such information is true, complete, and accurate.
Printed name
Title
.Signature of p Date
North Carolina Ge ral Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission imple enting that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required
to be operated or aintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a
misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a
punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense,)
3 of 3 Form-D 4/05 a • . .

10, 303 I760,000 FEET 305 306 ` 63N7'30'
I I i, — L _�_k / 0�—G _ ��'—C .'TI7 F\ , ,�-" iTTill—i--TT1Tii ♦ , : it , t—mt-35'07'30'
It
ROAD CLASSIFICATION
PRIMARY HIGHWAY LIGHT -DUTY ROAD. HARD OR
HARD SURFACE � IMPROVED SURFACE
SECONDARY HIGHWAY
HARD SURFACE C7p UNIMPROVED ROAD
Latitude _K°06'49" Longitude 83009'14"
Map # G6SW Sub -basin -40�
Stream Class WS-III
Discharge Class 05 13
Receiving Stream _A Graffy CRa t p Creek .
SCALE 1:24 000
1 1 MILE
Z::c094Cd51S�X2ik4FAWRk :TK:Gw1f.:J'3'b::v`e1:oR:ht 2>;cLA✓I:>;G`tYvcM.:D�w
:`1�'IW.W.AY.'MDf)C.CW.9AfCfc-•:lt�`[i4J.:/4:!wY.^11Yt(il'A`Y.. YY.fOAW)XV%kt:<t!ti: 1 7000 FEET
1 1 KILOMETER
KRi+.ROiA+Cn _:1':T.".i.'TO AY_
---
CONTOUR - •0 FEET
QUAD LOCATION
O
Wh'te_slde-Estates, Inc.
NC®075�7t3f-J
Jackson County

SOC PRIORITY PF `ICT: No
IF YES, SOC.NUb_.A
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
ATTENTION: Mary Cabe
DATE: May 22, 1997
NPDES STAFF REPORT AND RECOMMENDATION
COUNTY Jackson .
PERMIT NUMBER NC0075736
PART I - 'GENERAL INFORMATION
-1. Facility and Address: Whiteside Estates
P.O.Box 849
Highlands, NC 28779
2. Date of Investigation: May 22, 1997 '
3. Report Prepared By: W.E. Anderson
4. Persons Contacted and Telephone Number: John D. Young
704-526-3434
5. Directions to Site: This Discharge will'be just below the dam on Grassy Camp
Creek.
S. Discharge Point(s), List for all discharge points:
Latitude: 350 06' 47" 'Longitude: 830. 09, 13"
Attach a USGS map extract and indicate treatment facility site and discharge
point on -map.
U.S.G.S. Quad No. 176-SW(G6SW)U.S.G.S. Quad Name Highlands
7. Site size and expansion area consistent with application?
-Yes'
8. Topography (relationship to 'flood plain included):. Above Flood
Plain
Page 1

7 -
/
9. Location of nearest dwelling: Greater than 500 feet
10. Receiving stream or affected surface waters: Grassy Camp Creek
a. Classification: WS-III
b. River Basin and Subbasin No.: Little Tennessee
C. Describe receiving stream features and pertinent downstream
uses: This discharge will be about 0.4 Mi. upstream from
Shortoff Creek flowing into Thorpe Lake.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. volume of wastewater to be permitted 0.100MGD (Ultimate
Design Capacity)
b. What is the current permitted capacity of the Wastewater Treatment
facility? 0.100MGD
C. Actual treatment capacity of the current facility (current design
capacity Not Constructed
d. Date (a) and construction activities allowed by previous Authorizations
to Construct issued in the previous two years:
None
e. Please provide a description of existing or substantially constructed
wastewater treatment facilities: -None
f. Please provide a description of proposed wastewater treatment
facilities: Proposed extended aeration with tdrtiary filters
g. Possible toxic impacts to surface waters: Chlorine
h. Pretreatment Program (POTWs only): N/A
in development, approved
should be required not needed
2. Residuals handling and utilization/disposal scheme: Not specified
a. If residuals are being land applied, please specify DEN Permit Number
Residuals Contractor
Telephone Number
b. Residuals stabilization: PSRP PFRP OTHER
Page 2

C. Landfill:
d. Other disposal/utilization scheme (Specify):
3. Treatment plant classification (attach completed rating sheet): Not
Constructed
4. SIC Codes(s): 4952
Wastewater Code (a) of actual wastewater, not particular facilities i.e., non-
contact cooling water discharge from a metal plating company would be 14,,not
56.
Primary 05 Secondary
Main Treatment Unit Code: AtoC not issued
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with -Construction Grant Funds or are any
public monies involved. (municipals only)? N/A
2. Special monitoring or limitations (including toxicity) requests: None
3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) None
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation: Has the facility evaluated all of the non-
-discharge options available. Please provide regional perspective for each
option evaluated.
Spray Irrigation: Insufficient Land Area
Connection to Regional Sewer System: Not Available
Subsurface: Insufficient Land Area
Other disposal options: N/A
5. Other Special Items: None
Page 3
0

PART IV - EVALUATION AND RECOMMMATIONS
This is a request for renewal without modification of an existing permit.
Renewal of the permit with present day requirements is recommended.
C.
Signature of Report Preparer
A4 fl-P
Water Quality Regional Supervisor
Date
Page 4
M

Permit Number WQCSD0449
Central Files: APS SWP
09/01 /09
Permit Tracking Slip
Program Category
Status
Project Type
Non -discharge
Active
New Project
Permit Type
Version
Permit Classification
Deemed permitted collection system management and operation
1.00
Individual
Primary Reviewer
Permit Contact
Affiliation
wanda.frazier
Coastal SW Rule
Permitted Flow
Facili
Facility Name Major/Minor Region
Whiteside Estates Incorporated Minor Asheville
Location Address County
NCSR 1143 Norton Rd Jackson
Highlands NC 28741 Facility Contact Affiliation
Owner
Owner Name
Owner Type
Whiteside Estates Inc
Non -Government
Owner Affiliation
John David Young
PO Box 100
Highlands NC 28741
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance
Public Notice Issue Effective Expiration
04/22/09 04/22/09
04/22/09 04/22/09
Regulated Activities
Lodging/campground/rest area
Subdivision
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin

f N
ti chael F. Easley, Governor
itliarri G. Ross Jr., Secretary
North Carolina Department of Environmen'i and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
September 6, 2007
Mr. Young
Whiteside Estates Inc
PO Box 100
Highlands, NC 28741
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
Whiteside Estates Incorporated
NCO075736
Jackson County
Dear Mr. Young:
I would, like to take this opportunity to discuss the requirements for sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15, NCAC 2T- .0403,, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of Less than 200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in. compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.nc.us/peres/Collection%2OSystems/CollectionSystemsHorrie.htmI .
The Asheville Regional Office will be increasing the level of oversight, compliance
activities and enforcement relating to collections systems, therefore, We wanted to be sure you
are aware of the requirements for these systems. 'We will be performing NPDES Wastewater
Collection System inspections sometime in the near future.
NoAhCarolina
Naturally
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone-[phone]
Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

September 6, 2007
Page 2 of 2
If this Office has not previously inspected .your wastewater collection system and records
of same,_ you should be prepared to demonstrate compliance with all criteria listed above.
Enclosed is an inspection form that you can use to assemble your records. prior to an inspection
by the staff of this Office.
This Office has a Wastewater Treatment'Plant Consultant on staff to offer assistance to
you in complying with the requirements of these regulations. Should you have questions or
—need-additional-information-regarding-this-issue,—plaase-oontact-DorvPrioe at-(828)-296=4500. _ -
Should you have any other questions concerning this correspondence or ' the
requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828-
296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Deborah Gore - PERCS Unit - w/out enclosures
f1J1IGVIIIC. 1\Gl�.IVIICII lJI1H..G.IC14111LY. 7IT`-�VVIU1 IL CIILJIUJUJCJ
DWQ - SWPS - Central Office Files - w/out enclosures