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HomeMy WebLinkAboutNC0032778_Regional Office Physical File Scan Up To 12/30/2020WMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 22, 2013 Mr. Lamar Nix, P.E., Public Works Director RECEIVED Town of Highlands P. O. Box 460 Highlands, NC 28741 A P fl 1 1 2013 Subject: Issuance of NPDES Permit NCO032778 I DWQ/Surface Water Protection Section Town of Highlands WTP Asheville Regional Office Macon County Dear Mr. Nix: 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 significant changes from the draft permit sent to you on January 30, 2013. Although this final permit does not differ in its terms from those in the draft, it contains a number of terms that differ from those found in the existing permit. Those changes include: • The monitoring requirement for Settleable Solids has been removed from the permit. • The upstream and downstream monitoring requirements for Turbidity have been replaced with monitoring of the effluent, with a 2/month monitoring frequency. e Monitoring for Total Residual Chlorine has been reduced from weekly to 2/month. Monitoring for Aluminum and Iron has been reduced from weekly to quarterly. • Effluent monitoring for pH (2/month), Copper and Manganese (quarterly) has been added to the permit based upon studies indicating the potential for these to be parameters of concern in the effluent of conventional WTPs. Quarterly effluent monitoring for Zinc has been added based upon the Town's statement that it uses zinc orthophosphate as a corrosion inhibitor in its water treatment processes. • Quarterly whole effluent toxicity monitoring has been added to the permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 7�TOne 1 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1y or thCarolina Phone: 919-807-63001FAX: 919-807-6492 �y '/g��ry Internet: www.ncwaterquall�.org �%l {�db /2C1� _ --- — ��:__...._ �_ ... Mr. Lamar Nix, P.E. NC0032778 Permit Renewal 2013 p. 2 • Footnotes have been 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 receip� of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General. Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit] is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of, Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit'! that may be required. If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. cc: 5�;aorlesMakil/d,PZ;E47��,_ Central Files As_heyille Regional-_ Office/Surface Water Protection Section NPDES File I Ej Permit NCO032778 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, the Town of highlands is hereby authorized to discharge wastewater from a facility located at the Highlands Water Treatment Plant 440 Hickory Mill Road Highlands Macon County to receiving waters designated as Big 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 May 1, 2013. This permit and authorization to discharge shall expire at midnight on November 30, 2017. Signed this day March 22, 2013. ChW Wakild, P.E., Director Di sion of Water Quality By Authority of the Environmental Management Commission Permit NC0032778 All previous NPDES Pf revoked, and as of thi; effective. Therefore, the e: . permit con 1. Continue to discharge facility is located at th( Highlands, in Macon C 2. Discharge from said trc classified WS-II Trout 'PLEMENT TO PERMIT COVER SHEET .mits issued to this facility, whether for operation or discharge are hereby issuance, any previously issued permit bearing this number is no longer clusive authority to operate and discharge Trom this facility arises under the iitions, requirements, terms, and provisions included herein. The Town of Highlands is hereby authorized to: lter-backwash wastewater from a conventional water treatment plant. This Town of Highlands Water Treatment Plant, 440 Hickory Hill Road, in )unty. i lent works at the location specified on the attached map into Big Creek, W CA waters of the Little Tennessee River Basin. I i i 0 Permit NCO032778 (�� �e' ,� / l �� �'r�3,`y t S 1 T/� % /!'}' .. 1 -• ti. a t 'tia- T iti l ! / � l:,7;/ ✓ � %7 �,�',.,�F�•-•JJjjjj aalr, i� a�J' r \ r �a 4__ \y>�1� ,; fr.••/".-^ t- i?�Sa fi✓ ��:f Rtr �t f� 1 [t,�{ l\`-. t / f ' �.r ��f pt �l '` �y� a�.J 1 �4�� -[ \'i ` r+' ���' � 'f J,� ��� � ;I��l�i'"7�V41 .�. � y.. �,�'.` � Y�' � �. r'i.� t.� V f' o ��,.'� �Yt •�34afi .,- 1 U o r. SY,,ff N `•-'r _:rf�� {�/�.l,!'��,f�f r ( �'�y�� ��a ..�:J �\'��t,` F'' } �%� , ^' :, � � •`' , /7 �ri_.,--� � � ,1 �, C`�i/ )t �rxr�� e' i" ., t,%� L �i�rf � a y 16 rr,�-rj c I..i � •-�.�-. �..., l � �. (1j '*��:.� r`4% i � ,%� r,.• � i' ta�'.A/ �"(�� �� � L � Ty=( � f�..... '� a'r �li`, � �`c � ;1; ` f`4 { �-� � •x �} } fir: � ` a;;�'i```„rC ,.�,♦"� ' .i P " \ � �t��l r/�_' � ..� (D �aa �Q � . � � i � �t"C.?!� t J � .;=- tr�J.��6.✓ 'rjJ r'l �~,�\��\` � P � 1) � ,� f (/•���..,, 1j irf�"� �,•1 �•! 4 ii �f17/%'; �, �i.fi Xt�'tf fi(�l�Sn pxtrlk,���p �� ' ' t( 4�� fNN {/ -,✓" ter,✓ C'i ,,� -"' Ott I{tr�i3 t{L �`':, 3 % %� �, 1•!.. J. � � i {' i � � • �i� 1s�C=l ! r �.,.� i J F! �� .,.� �` P • ,,, + r`t `� (• c�oG8 �,;.a�`n �j�}^�"c 4�a6�� f�4• %:! �y ,.. i i� "� .�^�fei.� '" � �. ', �� „' :�. :..jam, i• f �si�rr � b'\t � '; � I.��l�f, 1V;��" k r�'� `�ry� �` s���'''->�:.`'^., i�'1 ' �� ,' �,"5 ,q �/i 1 �r�. �.-� )n4 f.,�^a'•.� ."�a. '0 y�'Cy 7 L �f L * "+� `•, '` (y'•, �y �l r -:1 {I 1{ ;"��i' t ",�� t r.. A�. >r .�.Yf �• �Ya .�.. ��^•�t � �:ta � 't � ,� 1 .✓ t - � t y.G;�. s � tl c a �� '\ � .F' t /1 „ • �a L� t 4 \� �^..s�4}�•'� \ , ] (,}�l � i' / j�f �J � � 1 E y `� 11 aI � � } ,{� � �� t • r •.^y .(�(//_ Town of Highlands Facility�� t Highlands Water Treatment Plant Location a Quad: Highlands Receiving Stream: Big Creek North NPDES Permit NCO032778 Latitude: 35104'08" Subbasin: 40401 Longitude: 83013'03" Stream Class: WS-II Trout HQW CA Macon.County Permit NCO032778 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginni�ig on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be limited and monitored by the Perrnittee as specified below: EFFLUENT CHARACTERISTICS Paramefer Code LIMITS" MONITORING REQUIREMENTS . Monthly Average, Daily Maximum Measurement. Frequency_ .Sample Type Sample. 'Location.,. Flow 50050 Weekly Estimate Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent pH 00400 >_ 6.0 s.u. and <_ 9.0 s.u. 2/Month Grab Effluent Total Residual Chlorines 50060. 28 Ng/L 2/Month Grab Effluent Turbidity 00070 2/Month Grab Effluent Aluminum 01105 Quarterly2 Grab Effluent Total Iron 01045 Quarterly2 Grab Effluent Total Copper 01042 Quarterly2 Grab Effluent Manganese 01055 Quarterly2 Grab Effluent Total Zinc 01092 Quarterly2 Grab Effluent Whole Effluent Toxicity Monitoring3 TGp38 Quarterly Grab Effluent I Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 [,g/L to be in compliance with the permit. Howe�er, the Permittee shall continue to record and submit all values reported by .a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 2. Monitoring should be performed in conjunction with toxicity testing. 3. Ceriodaphnia dubia 7day pass/fail test @ 5%. See Condition A. (2.) for toxicity testing requirements. Toxicity testing should be performed during the months of March, June, September and December, and sampling should coincide with sampling for parameters covered by footnote 2. All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO032778 A. (2.) CHRONIC TOXICITY MONITORING (QUARTERLY) The permittee shall conduct ug arterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 5 %. The testing shall be performed as a Ceriodaphnia dubia 7day pass/fail test. The tests will be performed during the months of March, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1(original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. DES 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 —DES Permit Standard Conditions Page 2 of 18 (4) Constant time/consta constant time interva used in situations wb ➢ Influent and effli ➢ Influent samples ➢ Pennittees with samples at interN ➢ Permittees with grab samples at ] period. Continuous flow measuremer Flow monitoring that occurs i monitored continually except activities on the flow device. Daily Discharge The discharge of a pollutant n calendar day for purposes of s the total mass of the pollutant "daily discharge" is calculate( "Composite Sample," above..) volume: a series of grab samples of equal volume collected over a 24-hour period at a Use of this method requires prior approval by the Director. This method may only be ,e effluent flow rates vary less than 15 percent. The following restrictions also apply: nt grab samples shall be of equal' size and of no less than 100 milliliters hall not be collected more than once per hour. astewater treatment systems whose detention time < 24 hours shall collect effluent grab Is of no greater than 20 minutes apart during any 24-hour period. astewater treatment systems whose detention time exceeds 24 hours shall collect effluent ast every six hours; there must be a minimum of four samples during a 24-hour sampling I i ithout interruption throughout the operating hours of the facility. Flow shall be or the infrequent times when there may be no flow or for infrequent maintenance I easured during a calendar day or any 24-hour period that reasonably represents the ampling. For pollutants measured iin units of mass, the "daily discharge" is calculated as discharged over the day. For pollutants expressed in other units of measurement, the as the average measurement of the pollutant over the day. (40 CFR 122.2; see also Daily Maximum The highest "daily discharge" during the calendar month. Daily Sqmpling Parameters requiring daily se permit. Sampling shall be co: prevent weekday sampling. I requirement will be so noted DWQ or "the Division" The Division of Water Quali Effluent Wastewater discharged follov whether treated or untreated. EMC The North Carolina Environn EPA The United States Environme Facility Closure Cessation of all activities that permit to be rescinded. Geometric Mean The Nth root of the product o: calculating the geometric mea Grab Sample Individual samples of at least collected manually. Grab sam samples). ipling shall be sampled 5 out of every 7 days per week unless otherwise specified in the iucted on weekdays except where holidays or other disruptions of normal operations sampling is required for all seven! days of the week for any permit parameter(s), that n the Effluent Limitations and Monitoring Page(s). Department of Environment and Natural Resources. ing all treatment processes from a water pollution control facility or other point source i Management Commission ital Protection Agency I require coverage under this NPDES permit. Completion of facility closure will allow this I i 'the individual values where N = the number of individual values. For purposes of a, values of "0" (or "< [detection level]") shall be considered = 1. i I 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be )les must be representative of the discharge (or the receiving stream, for instream I I Version 11/09/2011 i 0 �PDES 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 `IDES Permit Standard Conditions Page 4 of 18 imprisonment of not t violation, a person sho imprisonment of not r d. Any person who knoi penalties of $5,000 to case of a second or su penalties of not more [33 USC 1319(c)(2) a e. Any person who knot condition or limitatioi who knows at that tin injury, shall, upon co 15 years, or both. In t person shall be subjec both. An organization the imminent danger $2,000,000 for secon f. Under state law, a ciN who violates or fails 1 Carolina General Star g. Any person may be a 306, 307, 308, 318 of in a permit issued uni exceed $16,000 per v $37,500. Penalties fo: violation continues, v 1319(g)(2) and 40 Cl 2. Duty to Mitigate The Permittee shall take violation of this permit w CFR 122.41(d)]. 3. Civil and Criminal Liabil Except as provided in per (Part II.C.7), nothing in tl or penalties for noncomp] 1319. Furthermore, the Pi responsibility for effectiv 4. Oil and Hazardous Subst Nothing in this permit sh-, from any responsibilities, 215.75 et seq. or Section consequential damages, s temporarily suspended. 5. Property Rights The issuance of this perm privileges, nor does it aut infringement of Federal, ; 6. Onshore or Offshore Con This permit does not auth facilities or the undertake i ore than 1 year, or both. In the case of a second or subsequent conviction for a negligent Il be subject to criminal penalties; of not more than $50,000 per day of violation, or by ore than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] ingly violates such sections, or such conditions or limitations is subject to criminal $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the sequent conviction for a knowing violation, a person shall be subject to criminal an $100,000 per day of violation, or imprisonment of not more than 6 years, or both. d 40 CFR 122.41(a)(2)] ingly violates section 301, 302, 363, 306, 307, 308, 318 or 405 of the Act, or any permit implementing any of such sections in a permit issued under section 402 of the Act, and e that he thereby places another person in imminent danger of death or serious bodily viction, be subject to a fine of not more than $250,000 or imprisonment of not more than e case of a second or subsequent lconviction for a knowing endangerment violation, a t to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating rovision, be subject to a fine of not more than $1,000,000 and can be fined up to I or subsequent convictions. [40 CFR 122.41(a)(2)] �l penalty of not more than $25,000 per violation may be assessed against any person act in accordance with the terms, conditions; or requirements of a permit. [North tes § 143-215.6A] sessed an administrative penalty by the Administrator for violating section 301, 302, 405 of this Act, or any permit condition or limitation implementing any of such sections er section 402 of this Act. Administrative penalties for Class I violations are not to olation, with the maximum amount of any Class I penalty assessed not to exceed Class II violations are not to exceed $16,000 per day for each day during which the ith the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC R 122.41(a)(3)] j �11 reasonable steps to minimize orlprevent any discharge or sludge use or disposal in th a reasonable likelihood of adversely affecting human health or the environment [40 l t conditions on "Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and "Power Failures" is permit shall be construed to relieve the Permittee from any responsibilities, liabilities, ance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC rmittee is responsible for consequential damages, such as fish kills, even though the Lce compliance may be temporarily suspended. Liabili 11 be construed to preclude the institution of any legal action or relieve the Permittee liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 11 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for ch as fish kills, even though the responsibility for effective compliance may be t does not convey any property rights in either real or personal property, or any exclusive �iorize any injury to private property or any invasion of personal rights, nor any rtr te or local laws or regulations [40 CFR 122.41(g)]. uction rize or approve the construction of any onshore or offshore physical structures or g of any work in any navigable waters. Version 1110912011 i • 4r DES Permit Standard Conditions Page 5 of 18 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. Sianatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents,has ,been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports. required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a: above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 11/09/2011 —DES Permit Standard Conditions Page 6 of 18 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] 1 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under pena ty of law, that this document and all attachments were prepared under my direction or supervision in accor nce 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 info ation, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuarice, or termination, or a notification of planned changes or anticipated nonc liance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Rev cation and Reissuance, or Termination The issuance of this perrmt does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing th permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Co e of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Sul chapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering an Compliance Monitoring Fee Re uirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Fai lure to pay the fee in a timely mariner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division t -initiate action to revoke the permit. I Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified wat pollution control systems must designate operators, certified by the Water Pollution Control System Operator Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each clas 3ification must [T15A NCAC 08G .02011: a. designate one Operat r 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 back-up operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed co 'in leted "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, designatin the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up OR ): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calen ar days following: I ➢ receiving no ification 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 harge (Back-up ORC). Version 11/09/2011 I I PDES Permit Standard Conditions 0 0 Page 7 of 18 (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 Pennittee 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 pen -nit associated with the treatment facility. Version 1110912011 -DES Permit Standard Conditions . Page 8 of 18 I I (3) The Permit Issuin Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will 'meet the three conditions listed above in Paragraph c. (1) of this section 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with s ach 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 efore an action for noncompliance, is final administrative action subject to judicial review. I 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 occurrel 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 sub itted notice of the upset as required in Part II.E.6.(b),of this permit. (4) The Permittee con iplied with any remedial measures required under Part H.B.2. of this permit. c. Burden of proof [40 C.FR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof iv any enforcement proceeding. i 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 ermittee 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; andl 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. I 7. Power Failures The Permittee is responsi le for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of i ntreated or inadequately treated wastes during electrical power failures either by means of alternate power source;, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and in asurements 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 tie sample represents. All samples'shall be taken at the monitoring points specified in this permit and, unless othem ise 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 CF 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) s} all 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 I ater than the last calendar day of the month following the completed reporting period. The first DMR is due on he last day of the month following the issuance of the permit or in the case of a new facility, on the last day oi the month following the commencement of discharge. Duplicate signed copies of these, and all other reports requ Ted herein, shall be submitted to the following address: I I I Version I1/09/2011 • 4r DES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow,measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division..Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.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 oidisposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly, renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or. by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 "'IDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or following information [4C ;ample taken pursuant to the requirements of this permit, the Permittee shall record the CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) whc performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical technic ues 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 D' ctor), upon the presentation of credentials and other documents as maybe 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 (tunes any facilities, equipment (including monitoring and control equipment), practices, or operations regulat d 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 C IA, any substances or parameters at any location [40 CFR 122.41(i)]. 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 ' this permit more frequently than or at a level in excess of that authorized shall constitute, a violation of the permit. 2. Planned Chance The Permittee shall give r otice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [4 0 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 i b. The alteration or add' ion 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 require m nts 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 pr cess or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give ance notice to the Director of any planned changes to the permitted facility or other activities that might resul� in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transfei able to any person without prior written notice to and approval from the Director in accordance with 40 CFR 22.61. 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 i Jentify 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. i I Version 11/09/201I 1 I I rPDES Permit Standard Conditions Page 11 of 18 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'ihis 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 (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 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. Version 1110912011 —DES Permit Standard Conditions Page 12 of 18 11 12. The CWA provides that, any record or other docui reports or reports of com $25,000 per violation, or Permittees who own or o report to the Permit Issui report shall summarize tl facility was compliant w report shall be provided j annual period is used for The report shall be sent t NC DENR / ATTENTIO] 1617 Mail Si Raleigh, Noi y person who knowingly makes any false statement, representation, or certification in ..nt submitted or required to be maintained under this permit, including monitoring iance or noncompliance shall, up9n conviction, be punished by a fine of not more than y imprisonment for not more thari two years per violation, or by both [40 CFR 122.41]. As -rate facilities that collect or treatimunicipal or domestic waste shall provide an annual Authority and to the users/customers served by the Permittee (NCGS 143-215.1Q. The performance of the collection or treatment system, as well as the extent to which the i applicable Federal or State laws; regulations and rules pertaining to water quality. The ) later than sixty days after the end of the calendar or fiscal year, depending upon which valuation. Xvision of Water Quality / Surface Water Protection Section 1: Central Files rvice Center h Carolina 27699-1617 Version 1110912011 I DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plarifs 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"; j (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. Version 1110912011 --DES Permit Standard Conditions Page 14 of 18 SPE PART IV CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions ir. Part II of this permit, the followi'Ing definitions apply to municipal facilities: Indirect Discharge or Industri I 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 OTW 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 app icable State and Federal statutes, (regulations, or permits. [15A NCAC 02H .0903 (b)(14)] Pass Through A discharge which exits the discharges from other sourc the Permittee's (or any satel permit. [15A NCAC 02H .0 A treatment works as defined This definition includes any d sewage or industrial wastes of .0402, only if it conveys wast organization, or municipality, to and the discharges from su, treatment plant or the owner t POTW may be referred to as An Industrial User that discha .0903(b)(33)]: 1. Discharges an average of noncontact cooling and bi 2. Contributes process wast( flow limit or organic caps and ammonia; or 3. Is subject to categorical si 4. Is designated as such by t affecting the POTW's opt limitations and condition: 5. Subject to approval under the criteria in paragraphs POTW's operation or for conditions in its NPDES i Significant Industrial Use 6. Subject to approval under the criteria in paragraph 2 non -significant categoric, )TW into waters of the State in quantities or concentrations which, alone or with causes a violation, including an increase in the magnitude or duration of a violation, of POTW's, if different from the Permittee) NPDES, collection system, or non -discharge 3(b)(23)] As (POTW) )y Section 212 of the CWA, which is owned by a State or local government organization. .vices and systems used in the storage, treatment, recycling and reclamation of municipal a liquid nature. It also includes tl%e collection system, as defined in 15A NCAC 2T water to a POTW treatment plant: The term also means the local government is defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges h a treatment works. In this context, the organization may be the owner of the POTW the collection system into which an indirect discharger discharges. This second type of "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] wastewater into a publicly owned treatment works and that [15A NCAC 02H ?5,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, Her blowdown wastewaters); or water which makes up five percent or more of the NPDES or non -discharge permitted ;ity of the POTW treatment plant, In this context, organic capacity refers to BOD, TSS indards under 40 CFR Part 403.6,and 40 CFR Parts 405-471; or fie Permittee on the basis that the Industrial User has a reasonable potential for adversely -ation or for violating any pretreatment standard or requirement, or the POTW's effluent in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting or 2 of this definition above has no reasonable potential for adversely affecting the ,iolating any pretreatment standard or requirement, the POTW's effluent limitations and r non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a (SIU); or 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a l Industrial User. I Version 111612011 -' ,fPDES Permit Standard Conditions Page 15 of 18 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, Version 1110912011 - —'DES Permit Standard Conditions Page 16 of 18 3. With regard to the effluen requirements listed in Part I of this permit, it maybe necessary for the Permittee to supplement the requireme is 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 industri s discharging to the municipal system. 4. The Permittee shall requir 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 r ianagement practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial Jser (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 modi ied, 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. 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)] i The Permittee shall operate it approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0 00, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program subir dssion and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(St O ! The Permittee shall maint tin 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 Surve S The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as requirc d by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification o 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 definition of S51U. 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 a 'nistered 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. a IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Pi irt. [15A NCAC 02H .0903 (b)(1 3),.0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] i 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 tr atment plant Headworks Analysi!,s (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] i 4. Headworks Analysis HWA and Local Limits The Permittee shall obtair Division approval of a HWA at least once every five years, and as required by the Division. Within 180 day of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to 1 he Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or docume tation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 03.5(c) and 15A NCAC 02H .0969, 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 I PDES 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 143-2`15.1, 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 IUDs. 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)(ii); NCGS 143-215.67(a)] 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 (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 2.15.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users; compliance with applicable pretreatment standards. [15A NCAC 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 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 —DES 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 Seivice Center Raleigh, Nort� Carolina 27699-1617 These reports shall be subillnitted 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 enure compliance with pretreatment, requirements; b. Pretreatment Program; Sunvnary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non-Combliance Report SNCR A list of Industrial Us rs (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violatio s 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 (SIU9). These analytical results mus( 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 Us 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 (IUs) 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 twelvemonth 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 .0905and 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 other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall main ` in 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 Pretreatii)ent Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Signi icant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and Ihall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 30, 2013 Mr. Lamar Nix, P.E , Public Works Director Town of Highlands P. O. Box 460 Highlands, NC 28741 Subject: Draft NPDES Permit NC0032778 Town of Highlands WTP Facility Class PC-1 Macon County Dear Mr. Nix: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit includes a number of changes in the monitoring requirements from those found in your current permit. These changes were made as part of the implementation of a modified NPDES strategy for wastewater discharges from conventional water treatment plants, which are being implemented throughout the state as permits are issued and/or renewed. A summary of these changes follows: • The monitoring requirement for Settleable Solids has been removed from the permit. • The upstream and downstream monitoring requirements for Turbidity have been replaced with monitoring of the effluent, with a 2/month monitoring frequency • Monitoring for Total Residual Chlorine has been reduced from weekly to 2/month. • Monitoring for Aluminum and Iron has been reduced from weekly to quarterly. • Effluent monitoring for pH (2/month) Copper and Manganese (quarterly) have been added to the permit based upon studies indicating the potential for these to be parameters of concern in the effluent of conventional WTPs. Quarterly effluent monitoring for Zinc has been added based upon the Town's statement that it uses zinc orthophosphate as a corrosion inhibitor in its water treatment processes. • Quarterly whole effluent toxicity monitoring has,. been added to the permit. • Footnotes have been updated. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina XaaturaIIlf Mr. Lamar Nix, P.E Town of Highlands WTP Draft NPDES Permit Renewal p. 2 Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page If no adverse comments are received from the public or from you, this permit will likely be issued in March 2013, with an effective date of May 1, 2013. If you have any questions or comments concerning this draft permit, call me at (919) 807-6398, or contact me via e-mail at bob.sledge@ncdenr.gov. Sincerely, Bob Sledge Compliance & Expedited Permitting Unit cc: NPDES Files Central Files ec: Asheville Regional Office/Surface Water Protection Section DWR/PWS — ARO Steve Reid Permit NC0032778 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 Genei al 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, the Town of Highlands is hereby authorized to discharge wastewater from a facility located at the Highlands Water Treatment Plant 440 Hickory Hill Road Highlands Macon County to receiving waters designated as Big 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 This permit and authorization to discharge shall expire at midnight on November 30, 2017. Signed this day DRAFT Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0032778 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. The Town of Highlands is hereby authorized to: 1. Continue to discharge filter -backwash wastewater from a conventional water treatment plant. This facility is located at the Town of Highlands Water Treatment Plant, 440 Hickory Hill Road, in Highlands, in Macon County. 2. Discharge from said treatment works at the location specified on the attached map into Big Creek, classified WS-II Trout HQW CA waters of the Little Tennessee River Basin. Permit NC0032778 Town of Highlands Highlands Water Treatment Plant Quad: Highlands Receiving Stream Big Creek Latitude 35°04 08" Subbasin 40401 Longitude: 83°13'03" Stream Class: WS-II Trout HQW CA NPDES Permit NC0032778 Macon County Permit NC0032778 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Parameter Code Monthly Avage Maximum Daily Measurement Samp e Sample Type '!Frequency Location Weekly Instantaneous Effluent Flow 50050 Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent pH 00400 >_ 6.0 s.u. and <_ 9.0 s.u. 2/Month Grab Effluent Total Residual Chlorine1 50060 28 pg/L 2/Month Grab Effluent Turbidity 00070 2/Month Grab Effluent Quarterly2 Grab Effluent Aluminum 01105 Total Iron 01045 Quarterly2 Grab Effluent Total Copper 01042 Quarterly2 Grab Effluent Manganese 01055 Quarterly2 Grab Effluent Total Zinc 01092 Grab Effluent Quarterly2 Whole Effluent Toxicity Monitoring3 TGP3B Quarterly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the peitnit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µ 2. Monitoring should be pet formed in conjunction with toxicity testing 3. Ceriodaphnia dubia 7day pass/fail test @ 5%. See Condition A. (2.) for toxicity testing requirements. Toxicity testing should be performed during the months of March, June, September and December, and sampling should coincide with sampling for parameters covered by footnote 2. All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0032778 A. (2.) CHRONIC TOXICITY MONITORING (QUARTERLY) The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 5 %. The testing shall be performed as a Cenodaphnia dubia 7day pass/fail test. The tests will be performed during the months of March, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-! (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE* Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. December 6, 2019 Lamar Nix Town of Highlands PO Box 460 Highlands, NC 28741 SUBJECT: Compliance Inspection Report Highlands WTP NPDES WW Permit No. NC0032778 Macon County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Highlands WTP on 12/5/2019. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NC0032778. The findings and comments noted during this inspection are provided in the enclosed copy of the inspection report entitled "Compliance Inspection Report". The following items were noted during the inspection:  The facility is planning to remove solids, clean, and rehab (as necessary) the two decant (filter backwash settling) tanks in Spring 2020.  The facility is finalizing a plan to install a flow meter and associated manholes on the effluent discharge pipe. If you should have any questions, please do not hesitate to contact me with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500 or via email at tim.heim@ncdenr.gov. Sincerely, Tim Heim, P.E., Environmental Engineer Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: WQS-ARO Server LF G:\WR\WQ\Macon\Wastewater\Municipal\Franklin WTP\2019 CEI\20191206_NC0032778_CEI.Docx DocuSign Envelope ID: 4D65AC64-8FDF-4CA2-80BA-30240D39482A EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 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 N 52 NC0032778 19/12/05 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) 4th Street WTP Hickory Hill Rd Highlands NC 28741 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 12:00PM 19/12/05 18/05/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Richard Green/ORC/828-369-8998/ Other Facility Data 02:00PM 19/12/05 23/04/30 Name, Address of Responsible Official/Title/Phone and Fax Number Lamar Nix,PO Box 460 Highlands NC 287412063//828-526-2118/8285262595 Contacted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Timothy H Heim DWR/ARO WQ/828-296-4665/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: 4D65AC64-8FDF-4CA2-80BA-30240D39482A 12/6/2019 12/6/2019 NPDES yr/mo/day 19/12/05 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a routine Compliance Evaluation Inspection of the facility on December 5, 2019. Richard Green and Jim Mull (Town of Highlands) assisted with the inspection. The facility components related to the NPDES discharge were generally well maintained and operated at the time of the inspection. The following items were noted during the inspection: The facility is planning to remove solids, clean, and rehab (as necessary) the two decant (filter backwash settling) tanks in Spring 2020. The facility is finalizing a plan to install a flow meter and associated manholes on the effluent discharge pipe. NC0032778 17 (Cont.) Page#2 DocuSign Envelope ID: 4D65AC64-8FDF-4CA2-80BA-30240D39482A Permit:NC0032778 Inspection Date:12/05/2019 Owner - Facility: Inspection Type: 4th Street WTP Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Page#3 DocuSign Envelope ID: 4D65AC64-8FDF-4CA2-80BA-30240D39482A February 14, 2020 Lamar Nix, Director Public Works Town of Highlands PO Box 460 Highlands, NC 28741-2063 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2020-LR-0004 Permit No. NC0032778 4th Street WTP Macon County Dear Permittee: A review of the July 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Reporting Deficiency(s): Sample Location Parameter Date Type of Deficiency _________________________________________________________________________________________________________________________________________________________________________ 8/31/2019 Late/Missing DMR _________________________________________________________________________________________________________________________________________________________________________ Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. If you should need any assistance or would like to discuss this non-compliance situation, please contact Timothy Heim of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: WQS-ARO Server, LF G:\WR\WQ\Macon\Wastewater\Municipal\Highlands Water Plant 32778\Violations\NC0032778_NOD 2020 LR 0004_20200214.Docx DocuSign Envelope ID: 6F70B8D5-9B25-4843-8FEE-632F8F7AB484