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HomeMy WebLinkAboutNC0082767_Regional Office Physical File Scan Up To 1/4/2021October 12, 2017 Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine, NC 28777-0189 SUBJECT: Compliance Inspection Report Spruce Pine WTP NPDES WW Permit No. NCO082767 Mitchell County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Spruce .Pine WTP on 10/11/2017. This inspection was conducted to verify that the facility is operating in compliance with the conditions and 'limitations specified in NPDES WW Permit No. NC0082767. The findings and comments noted during this inspection are provided in the enclosed copy of the inspection report entitled "Compliance Inspection Report". There were no significant issues noted during the inspection and therefore, a response to this inspection report is not required. However, an action item is needed. Staff need to develop a plan, should a discharge occur, to meet the Permit Limit for Total Residual Chlorine. If you should have any questions, please do not hesitate to me at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office ATTACHMENTS -Inspection Report Cc: Russell Lankford (e-copy) WQS Asheville Regional Office NPDES Compliance/Enforcement Unit G:\WR\WQ\Mitchell\Wastewater\Municipal\82767 Spruce Pine WTP\10-2017 Visit\CEI.10-11-2017.Ltr.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 _ ... ---..-__.._-_- - --• Water- Compliance Inspection -Report ` ' Approval expires 8-31-98- Section A: National'Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType 1 �N 2 J5 1 3 I " NC6082767 I11 12 17/10/1, 17 18 ICI 191 G I -20I LJI L.J u L� L=1 1 211111 1 1 I I 1 111 1 1 I I I 1 1 1 1 1 I I I I 1 1 1 1 1 I 11.111 1 1 I I t66 Inspection Work Days Facility Self -Monitoring Evaluation Rating , B1 QA - Reserved- 67 70 I I 71 I 72 I N � 731 I 174 751 I I I I I I I80 I_I I LJ I 1 I Section. B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTWl also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:00PM 17/10/11 16/08/01 Spruce Pine WTP 200 Clearwater Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 02:45PM 17/10/11 21/02/28 Names) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data. Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Richard Canipe,PO'Box 189 Spruce Pine NC 287770189//828-766-6915/8287653014 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance Records/Reports` 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 Linda S Wiggs.�'%WARO WQ//328-296 4500 Ext4653/ Andrew W Moore ARO WQ//828-296-4684/ %j/� y`l7 C/'✓v`�/ G� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �Z` (77— 40e EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# Permit: NCO082767 Owner - Facility: Spruce Pine wTP 7 Inspection Date: 10/11/2017 Inspection Type: Compliance Evaluation O erations & M ' t p am enanGe Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for -ex: MLSS, MCRT, Settleable ❑ ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment:, Staff recently exercised the valve and the discharge aperture of the settling tank and plan to do this on a regular basis. Staff will work on a contingency. plan to meet TRC limits. Permit Yes No NA NE j (if the present permit expires in 6 months or less). Has the permittee submitted a new N ❑ ❑ ❑ application? Is the facility as described in the permit? M ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 00 ❑ ❑ Comment: The Town chooses to keep the NPDES discharge permit as a discharge alternative: however, they currently do not discharge to the stream instead they discharge to the VWVfP. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ N ❑ Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ Comment:. Staff indicated if a discharge were to occur, it would be at the bottom of the mountain in a culvert under the road near the U-Haul into Beaver Creek. Page# 3 Water Resources ENVIRONMENTAL QUALITY July 11, 2016 Richard Canipe, Manager Town of Spruce Pine P.O. Box 189 Spruce Pine, North Carolina 28777 PAT MCCRORY Governor DONALD R. VAN DER VAART Secs ermy S. JAY`'ZIMMERMAN RECEIVED CD Direct r Division of Water Resources AUG 3 2016 Water Quality Regional Operations Ashevilie`�l Ofiioe Subject: Issuance of NPDES Permit NCO082767 Spruce Pine Water Treatment Plant (WTP) 95 Clearwater Lane, Spruce Pine Mitchell County Dear Mr. Canipe: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. We issue this permit 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. Renewal Changes. The Division understands that this facility is not currently discharging to waters of the state, and that waste effluent is treated .by the local wastewater treatment plant (WWTP). It follows that you wish to retain this permit as a discharge alternative. For your convenience therefore, the Division has updated your permit facility description, site map, and added parameter codes to your effluent table [see permit section A. (1.)] considering current water treatment (WTP) permitting strategies. Please also note a recent requirement for electronic DMR reporting. Implementing Electronic Discharge Monitoring Reports (eDMRs). Be advised that the Division has implemented an electronic Discharge Monitoring Report (eDMR) program, in accord with t pending requirements by the Environmental Protection Agency (EPA). We include in this permit the details to implement the eDMR program [see Section A. (3)]. Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a program to receive such submittals, Permittees must then submit eDMRs directly to EPA. For more information on eDMRs, registering for eDMR submittal, and obtaining aneDMR user account, please visit DWR's webpage: http://portal.nedenr.or. web/wq/admiii/bog/i u/edinr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2. epa. gov/compliance/proposed-npdes-electronic-reporting-rule State ofNorth Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Richard Canipe, Manager Town of Spruce Pine B Sep2016 Page 2 of 2 If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and you must file it with the office of Ad n 'strative-I-Iearings, 6714 Mail Service Center, Raleigh, North Carolina 27699- 6714. Unless such a demand is made, this permit shall be final and binding. This permit is not transferable except after notifying the Division of Water Resources. The Division may require permit modification, or revocation and re -issuance. Please note that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. If you have questions, or if we can further assist you, please contact Joe Corporon at fioe.corporon(a,ncdenr.gov] or call his direct line (919) 807-6394. ctfully, S. Jay ZimmermanP.Ca';�, Enclosure: NPDES Permit NC0082767 (issuance final) hc: Central Files RO%SWP� S; Landon Davidson) NPDES Program -Files ec: ARO/SWPS, Landon Davidson ATB Susan Meadows, Cindy Moore OCU, Maureen Kinney Julie Grzyb (NPDES) Permit NCO082767 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 (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Spruce Pine is hereby authorized to discharge wastewater from a facility located at the Spruce Pine WTP 95 Clearwater Road, Spruce Pine Mitchell County to receiving waters designated as unnamed tributary (UT) to Beaver Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. `This permit shall become effective August 1, 2016. This permit and authorization to discharge shall expire at midnight on February 28, 2021. Signed this day July 11, 2016. S y Zimmerman, L.G., D' cci� to ivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO082767 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Spruce Pine is hereby authorized to: 1. continue to operate a wastewater treatment system utilizing conventional treatment [coagulation, flocculation, sedimentation, filtration] discharging an estimated 0.040 MGD of treated filter backwash generated during the production of potable water [1.6 MGD]; these treatment facilities consisting of; • two (2) each anthracite multimedia gravity sandfilters, each with backwash flow meters • one (1) additional anthracite multimedia gravity sandfilter (proposed as needed) • collection/settling tank for backwash wastewater • wastewater discharge [currently connected to city sewer] • alternate wastewater discharge [not currently active] sample port and gravity line to unnamed tributary these facilities located at the Spruce Pine WTP, 95 Clearwater Road, Spruce Pine, Mitchell County, and 2. only after notifying the Asheville Regional Office (ARO) a minimum often (10) working days prior to discharging to waters of the state to provide for site inspection, as warranted, then 3. discharge from said treatment works via Outfall 001, at the location specified on the attached map, to an unnamed tributary (UT) to Beaver Creek [stream segment 7-2-41-(2)], a waterbody currently classified C-Trout within subbasin 04-03-06 [HUC: 06010108] of the French Broad River Basin. Page 2 of 7 Permit NCO082767 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq.; 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated backwash wastewater from Outfall 001. Such discharges shall be limited, monitored and reported 1 by the Permittee as specified below: EFFLUENT CHARACTERISTIC [PARAMETER CODES] 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 Total Residual Chlorine (TRC)2 50060 17 µg/I, 2 2/month Grab Effluent pH [standard units] 00400 Not < 6.0 or > 9.0 2/month Grab Effluent Turbidity 3 00070 2/month Grab Effluent Total Manganese 4 01055 Quarterly Grab Effluent Total Zinc 4 01092 Quarterly Grab Effluent Total Iron 4 01045 Quarterly Grab Effluent Chronic Toxicity 5 TGP3B Quarterly Grab Effluent Footnotes: 1. Effective December 21, 2016, the Permittee shall report discharge monitoring data electronically using the NCDWR's Electronic Discharge Monitoring Report (eDMR) internet application [See A. (3)]. 2. Compliance is required only if chlorine or chlorine derivatives are used. The. Division shall consider compliant all Total Residual Chlorine (TRC) effluent values reported below 50µg/L. 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 50µg/L. 3. Discharge from this facility shall not cause receiving -stream turbidity to exceed 50 NTU. If instream background conditions exceed 50 NTU, this discharge shall not increase instream turbidity. 4. Sample shall be collected concurrently with the toxicity sample. 5. Chronic 7-day test, P/F (Ceriodaphnia dubia) at 9001o; February, May, August, and November [see A. (2)]. Conditions: The Permittee shall discharge no floating solids or foam visible in other than trace amounts. All samples shall accurately represent the physical and chemical character of the effluent. Page 3 of 7 Permit NCO082767 A. (2.) CHRONIC TOXICITY 7-DAY PASS/FAIL - MONITOR ONLY [15A NCAC 02B .0200 et seq.] The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90 %. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of February, May, August, and November. These months signify the first month of each three- month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be - obtained during representative effluent discharge and 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, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, NC 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Water 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 Water 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 Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. 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. Page 4 of 7 Permit NCO082767 A. (3.) ELECTRONIC REPORTING OF MONITORING -REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D (2) and Section E. (5.) (a)1 Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the `state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR, and will be required'to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper, DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. V Page 5 of 7 Permit NCO082767 Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page:. http://portal.ncdIenr.or web/wq/admin/bog_/i u/p edmr 3. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B (11) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B.' (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.nedenr.org/web/wq/admiiVbog/ipu/edmr Page 6 of 7 Permit NC0082767 Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: U certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person -or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 4. Records Retention (Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 Town of Spruce Pine Facility Spruce Pine WTP Location Latitude (outfall): 35' 55' 9" N State Grid/Quad: D10NE/Spruce Pine not to scale Longitude (outfall): 82° 03' 38" W Permitted Flow: 0.040 MGD Receiving Stream: UT to Beaver Creek Stream Segment: 7-2-44-(2) Stream Class: C; Trout Sub -Basin: 04-03-06 76 NPDES Permit NCO082767 Drainage Basin: French Broad River HUC: 06010108 l rt� Mitchell County NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. 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. Wegkly 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 Duty to Comkly_ 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 1110912011.1 NPDES Permit Standard Conditions. Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. PropertRights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES 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 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directingothercomprehensive 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 1110912011.1 NPDES 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] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualifted personnel properly gather and evaluate the information submitted. Based on my inquiry of theperson orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions 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 II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.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 or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The. alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute. Version 1110912011.1 NPDES 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 this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (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 1110912011.1 NPDES Permit Standard Conditions,, Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant.with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES 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 planVs treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at'least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions` Page 14 of 18 PART IV SPECIAL CONDITIONS .FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES 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 1110912011.1 NPDES Permit Standard Conditions,, Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following 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 (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts 11.1) and Il.E.S.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a,current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143 215,67(a)] 6. Authorization to Construct {AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)], 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable .pretreatment standards. [15A NCAC 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 Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 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 403.121 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 1110912011.1 NPDES Permit Standard Conditions, Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for Ns 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 twelve month period. This list shall be published within four months of the Applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Programrecords 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 maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 0 PAT MCCRORY ? Goverllar DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director April 26, 2016 Richard Canipe, Town Manager Town of Spruce Pine PO Box 189 Spruce Pine, NC 28777 Subject: Acknowledgement of Permit Renewal Application No. NCO082767 Spruce Pine WTP Mitchell County Dear Permittee: The Water Quality Permitting Section has received your permit renewal application on April 25, - 2016. A member of the NPDES Unit will review your' application. They will contact you if additional information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. Please respond in a timely. manner to ,requests for additional information necessary to complete the permit application. . If you have any additional questions concerning -'renewal of the subject permit, please contact Tom Belnick at 91.9-807-6390 or Tom.Belnick@ncdenr.gov. Sincerely, V / re,*v Tl�of rro� Wren Thedford Wastewater Branch cc: Central Files I NPDES Asfiville-Regional U€fiee State of North Carolina I Environmental Quality I Water RECEIVED Division of Water Resouren APR 2 9 2016 Water Quality Regional Operations Asheville Regional Office aces c 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 NPDES PERMIT .A.PPLICATION - SNORT FORM C - WTP For discharges associated with water treatment plants Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCO0827671 If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1: Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Town of Spruce Pine Town of Spruce Pine P.O. sox 189 RECEIVEDUDEUDWR Spruce Pine APR 25 2 n % NC 28777 828-765-3000 Permitting Section. 828-765-3014 spmgr@beHsouth.net 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road 95 Clearwater Lane City Spruce Pine State. / Zip Code NC 28777 County. Mitchell Division of 'vva;ar Resources APR 2 9 2016 Water 0i.iality Regional Ooerations 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name American Water — Town of Spruce Pine Mailing Address 95 Clearwater Lane City Spruce Pine State / Zip Code NC 28777 Telephone Number (828-765-3011) Fax Number (828-765-3013) 4. Ownership Status. Federal ❑ State ❑ Private ❑ Public x❑ Page 1 of 4 Version 5/2012 XPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants S. Type of treatment plant: x❑ Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) ❑- Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑ 6. Description of source water(s) (i.e. groundwater, surface water) Beaver Creels Water Shed WS-1 North Toe River 7. Describe the treatment process(es) for the raw water: Chlorine Gas for disinfection, Alum /Caustic for coagulation, Caustic for post PH adjustment, Ortho-Poly Phosphate for corrosion control 1 S. ' .Describe the wastewater and the treatment process(es) for wastewater generated by the facility: All Backwash water goes to VVWTP NCO021423 4. Number of separate discharge points: 1 Outfall Identification number(s) NCO082767 10. Frequency of discharge: Continuous ❑ Intermittent x❑ If intermittent: Days per week discharge occurs: Never been used Duration: 11. Plant design potable fiowrate 1.61 MGrD Backwash or reject flow MGD 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Beaver Creek 13. Please list all water treatment additives, including cleaning chemicals or disinfection treatments, that have the potential to be discharged. Page 2 of 4 Version 5/2012 XPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Alum / aluminum sulfate Yes yes No Iron sulfate / ferrous sulfate Yes No no Fluoride Yes No no Ammonia nitrogen / Chloramines Yes No no Zinc -orthophosphate or sweetwater CP1236 Fes No no List any other additives below: Phosphate 70% Poly 30 % Ortho Caustic 14. Is this facility located on Indian country? (checkone) Yes ❑ No x❑ 15. Additional Information: ➢ Provide a schematic of flow through the facility, include flow volumes at all points in the,water treatment process. The plan should show the point[s] of addition for chemicals and all discharges routed to an outfall [including stormwater]. i tril a A5, Po- A-ry - -f ➢ Solids iFdandling Plan 16. NEW Applicants Information needed in addition to items 1-1S. ➢ New applicants are highly encouraged to contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No ➢ Analyses of source water collected ➢ Engineering Alternative Analysis ➢ Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. North Carolina General Statute 10-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained underArticie 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing thatArticle, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000; or by Page 3 of Version 5/2012 NPDES PERMI`I` APPLICATION - SNORT FORM C - WTP For discharges associated with water treatment plants imprisonment not to exceed six months, or by both, (18 U.S.C. Section 1001 provides a punishment by a fine of not more than..$25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 4 of 4 Version 512012 UnitedStates Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No. 2040-0057 Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCO082767 I11 121 17/10/10 I17 18 I I 19 I c I 201 211111 I I I I I I II 11 1 I I I I I I I I I I I I I I I I I I I I II 1 1 1 I.I f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- Reserved------- 67 70IJ 71 I I 72 L ti j 73I I 174 751 I I I I I I I80 I I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:OOPM 17/10/10 16/08/01 Spruce Pine WTP 200 Clearwater Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 01:45PM 17/10/10 21/02/28 Name(s) of Onsite Representative(s)rrities(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number — — Contacted- — -- — -- Richard Canipe,PO-Box 189 Spruce Pine NC 287770189//828-766-6915/8287653014 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Operations & Maintenance 0 Records/Reports 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 Inspectors) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ 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# NPDES yr/mo/day Inspection Type 31 N00082767 I11 121 17/10/10 I17 -18 1131 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# Permit: NCO082767 Inspection Date: 10/10/2017 Operations & Maintenance . b Owner -Facility: Spruce Pine WTP Inspection Type: Compliance Evaluation Is the plant generally clean with acceptable housekeeping? Yes No NA NE ❑ ❑ ❑ ❑ 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: Effluent Pipe Yes No NA NE jV - Is right of way to the outfall properly maintained? �❑ ❑ ❑ El— = Are -the -receiving water free of foam other than trace amounts and other debris? �p❑ ❑-, ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ ❑ Comment: Page# 3 COAX AX °a PS k Or". y [{tom w -f��°w. � `" C« er"3 x�d yssx4.t,�, A r'i�`?`°�'t'•a r'F 'k C,"a' a..,s .,M .ta J -�a E t4P � a�'• �' '� p'. M� r�•R,'tra.M y.{� ; � c r +4 .� { .� + ,{ �. ,a.. s} 4 � c � a' � *�r '��4 #x» w'J ':;:�d;x �t :c '••,rr�'�i` t �., 1. .Jd �.� �;R `` - p: � .''� wr v.+ , rx « ;: s3P�1s Y � `•+k x A «�- }} Y '+t ' ♦ 4✓ 4 � J � �6^ "'� r � "x t i.. •y. 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Facility information NPDES permit #:' Facility name: Wastewater system: Water Plant: NCO082767 ` ` Mitchell County Town of Spruce'-Pir — Water Treaf"" d' ht" Plant wastewater system Classification Physical Chemical - I (PC-1) 1.6 MGD conventional Water Treatment Plant (A -Surface) with: raw water intake and transfer pump station; 500,000 gallon raw water storage and pre=sedimentation basin; chemical injection; rapid''mix" chamber coagulation; dual up -flow clarifiers (4 gpm/ft2'each); pre -chlorination; dual anthracite multi -media gravity filtration (4 gpm/ft2 each) with'backwash flow meters; post chlorination; chemical injection of corrosion inhibitor; 50,000 gallon backwash & potable water storage tank (60 ft elevation); 300,000"and 200,000 gallon clear well; addition of 0.20G.04rom well supply; pumped to distribution =systsm, wastewate;r,,dis�qhlafgie connection to city sewer; and alternative,,waste` it te'r, discharge connection to gravity line to creek. Chemicals fed: aluminum sulfate — for coagulation; 50% diluted,to 25% sodium hydroxide (caustic) — for pH 'd0ntrol; chlorine gas.., (150 # cylinders) for disinfection; Aqua Mag�.=)Odnded phosphate (ortho / polyphosphate blend) - for corrosion control zinc orthophosphate (for corrosion control) Chemicals NOT,fed:, hydrofluoros.ilicc acid (fluoride) ammonia ,•..;. polymers V,I?' `_ " dechlorina#,9.,n Bkwash /reject flow: The daily-,*, �ragg pffiuent is—40,000 gpd. The backwash weterIlo#, Js metered and washes the filters and the up -flow clarifiers at the same time. There are no sedimentation basins to wash. This does NOT include, the process sample pump totals. Sludge Mgmt: There is a 100,000-gallon backwash clarifier and 50 gpm decant pump station that pumps the decanted wastewater to th`6 Town' WWTP. There has never been any sludge handling facilities or discharge of wastewater to the stream or removal of sludge from the decanted clarifier. Rake will be installed for consistent release of solids to WWTP. WWTP location: 95 Clearwater.Lane; Spruce Pine Responsible official: Richard Can'ipe Official's title: Town Managdtt - `nn >>= Official's location: Mailing address: POB 189; Spruce Pine, NC 28777-0189 Phone numbers 828-765-3000 Richard Canipe-' f,.. ° ' 828-765-3014 " — fax 828-765-3011 Water Plant — contract operations by: American Water Services Russell Lankford — Project Manager Donnie Stanton — ORC (A -Surface & PC-1) Anthony Holder — (B-Surface & C-Well) 828-765-3013 fax @ Water Plant 828-765-3007 Wastewater Treatment Plant Permit information Date issued: Scheduled;to-issue: 6-1-2011 Expiration date: 2-29-2016' Stream information Stream: River basin: Sub -basin: Hydrologic Unit Code: Quad: Grid: Stream classification: Drainage area sq mi: Instream Waste Conc.: unnamed tributary to Beaver Creek French Broad River Basin 04-03-06 06010108 Spruce Pine, NC D10NE WS-I; High Quality Waters 100% Chronic Toxic ity:=Testing: Average stream flow: Summer 7Q10 cfs: Winter 7Q10 cfs:: 30Q2 cfs: Other information Directions: Ceriodaph:nia dubia at 90% dilution ? cfs . ? ? ? From the intersection of US Hwy 226 and US Hwy 19 E, travel east on US Hwy 19 E (under the overpass).. Turn left onto Oak Street (at the Bantam Chef).. Turn right onto Elm Street. Turn left onto Reservoir Street. Turn left onto Clearwater Street. Contract Operator: American Water Services : r. Corporate'Headquarters 1025 Laurel';Oak Road; Voorhees, NJ 08043 Phone: 856-346-8200 Fax: 856-346-8360 ,P Customer Service Center 888-2374333 American Water Services is the ldr&'st investor -owned water services provider in the United States'; with• 106t tions'i'n 35 states as well as Manitoba and Ontario, Canada; servirigf' "pproximately 16 million people. Contract Operations For companies seeking to maintain ownership of their decentralized water and wastewater treatment facilities, American Water's American Water Enterprises Group (AWE) can manage; ,operate and maintain the facilities under contract. We provide communities -across the country with a variety of services, which include providing waterand wastewater -related services, engineering and planning for new projects or upgrades to existing projects, consulting and sales of water infrastructure and distribution products, such as pipes, to water and wastewater utilities and other consumers. Benefits to contracting your plant's operations include: The use of specialized, high-ly:aivtomatod.-.techniques to run facilities efficiently Ensuring that your treatment'Ol`aiifs'a're run by licensed operators whose training and experience make them leaders in the field Tapping into a team who has extensive experience operating under a variety of contract scenarios and are committed to cost-effective operations Our teams of experts have experience,in. every stage, and in every facet of water and wastewater service solutions, -.from managing the design and building of a new system, to upgrading':an,existing project, tolhe operating and maintaining the project once it is c.'omplete. For more information, contact Bill Patterson, Senior Vice President of Business Development, at 856=346-8200. —FROM BEAVER SPRUCE PINE W T P CREEK SUPPLY SCHEMATIC LAYOUT ® EXISTING MICRO STRAINER ALT..CHEM. FEED POINT FLASH MIX FLOCCULATION BASIN EXIST. 0.5 mg RAW - WATER STORAGE & PRESEDIMENTATION BASIN STD. CHEM. FEED POINT CO(OH)2 AL=(S0.) 50gpm DECANT GYP PUMP- 0*1 mg I CI BACKWASH L-• z CLARIFIER 0.05 mg BACKWASH AND POTABLE WATER STORAGE 60' ELEV. DIFFERENCE XMn04 14 , GEN.CHEM. II RAPID MIX II CHAMBER ' . II ADSORPTION CLAIFIER (TWO) IOgpm/ft2 I i -POLYMER CIZ PREFILTER I� CHEM. FEED FILTER FILTER BANK BANK II •gpm/ftz 4gpm/ft2 j RATE RATE BACKWASH LINE ale' 25gpm TRANSFER L-•---t t`�-._. —/ EXT. PUMP 0.3 mg CLEAR POSTCIx (NaP03)6 �� WELL Ca(OH)2 FLOW METER NORTH TOE FOR CHEM. PROP. RIVER RAW WATER FEED PACING 0.2 mg INTAKE AND FINAL CHEM. CLEAR TRANSFER FEED POINT WELL PUMP STATION 5 0 gpm ( FIXED SPEED) N TO "RIBUTION SYSTEM 0.2mgd FROM WELL SUPPLY SCHEMATIC LEGEND: —0 PROCESS LINE —•— -� BACK WASH OR SUPERNATENT LINE ----ALTERNATE PROCESS LINE --D4— MANUAL VALVE _ RATE OF FLOW CONTROL 1, 'E WITH DESIGNATION __z— PUMP O CHEMICAL FEED POINT WITH CHEMICAL TREATMENT STRUCTURE AS NOTED — FLOW METER APRIL 8, 1991 PREPARED BY Woolen Company ENGINEERING PLANNING ARCHITECTURE RM KIM M.C. W!!M► ML N.C. SINCE two- Plwj NCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 25, 2011 Mr. Richard Canipe Town Manager Town of Spruce Pine P. O. Box 189 Spruce Pine, NC 28777-0189 Resources Subject: Issuance of NPDES Pen -nit. Permit NCO082767 Spruce Pine WTP Facility Class I Mitchell County Dear Mr. Canipe: Dee Freeman Secretary Division personnel have reviewed and approved your application for renewal of the subject pen -nit. 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). Summary of Changes in Renewal Permit from ExistingPermit 1) Effluent Settleable Solids monitoring was removed. 2) Instream Turbidity monitoring was removed and efflwent Turbidity monthly monitoring was added. 3) Effluent Total Iron and Aluminum monitoring were reduced to quarterly. 4) Effluent Flow monitoring was reduced to 2/month. 5) Effluent Total Residual Chlorine monitoring was reduced to 2/month and its footnote narrative amended. 6) Effluent pH 2/month monitoring with a limit range from 6.0 S. U. to 9.0 S. U was added. 7) Effluent Total Copper, Manganese, and Chronic Toxicity quarterly monitoring were added. 8) Special Condition A. (2) Chronic Toxicity Monitoring narrative was added. 9) Effluent Total Copper, Aluminum, and Manganese footnote narrative was added., Page 1 of 2 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.ori An Equal Opportunity 1 Affirmative Action Employer u� M : SUN - 6 201, f; , L' AS REVILE . 0 If - any parts.,. measurem , -frequencies or sampling requires - .'s contained in..this • pen -nit are .. . unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, confonning 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 pennit is not transferable except after notice to the Division. The Division may. . require modificAtion 'or- revocation and, =reissuance of the, pen -nit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or pen -nits required by the Division of Land Resources, the Coastal Area Management Act or any other federal or local governmental permits that may be required. If you have any questions concerning this permit, please contact Ron Berry at telephone number (919) 807-6396 or at email ron.berry@ncdenr.gov. Sincerely, U i Coleen H. Sullins Attachments Cc: tAsheville,Regional O:ff ce/Surface-W-iitef-PP otecii�on Section; Environmental Sciences Section/Aquatic Toxicology Unit/Susan Meadows (email) Central Files NPDES Unit L 1 - If Page 2 of 2 4 Permit NCO082767 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 FederalWater Pollution Control Act, as amended, the Town of Spruce Pine. is hereby authorized to. discharge .wastewater from a facility located at the r Spruce Pine WTP 95 Clearwater Road Spruce Pine Mitchell County to receiving waters designated as unnamed tributary to Beaver Creek in the French Broad 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 July 1, 2011. This permit and authorization to discharge shall expire at midnight on February 29, 2016. Signed this day May 25, 2011. Coles 'H. Sullins, Dire t Div' ion of Water Quality By Authority of the Environmental Management Commission Permit NCO082767 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective_ Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Spruce Pine is hereby authorized to: 1. Continue to operate a 1.6 MGD water treatment plant discharging intermittent filter -backwash wastewater, and consisting of: o Two (2) anthracite multimedia gravity sand filters with backwash flow meters o One (1) additional anthracite multimedia gravity sand filter (future) a �3 o Backwash wastewater collection/settling tank o Wastewater discharge connection to city sewer o Alternative wastewater discharge connection to gravity line to unnamed tributary This facility is located at the Spruce Pine WTP on Clearwater Road near Spruce Pine in Mitchell County. 2. Discharge from said treatment works at the location specified on the attached map to an unnamed tributary into Beaver Creek, classified C-Trout waters in the French Broad River Basin. Q N I. 'tt7'< 77' V n4Z A 1. - 1; , I ", , '. %, 1� I � t.2 AN _j 'I Z" < 1� 'k N J 4L' z 1_i A,' , 1 )v I I e , w in r e 1 N j A 4, -,Z, .� 1 V t N. 1% Spruce Fine V�.Y WE P ity j� Fac* �.4 NCO082767 U ""'r 1�1 ,,:r , I D*sh c Uge NC10082_767 7 �?,.Avl L ?�e, 77 PTUI[*- • 4 pal % H WY 1 -9 q Ito, I. 'k �S, "V A: 7— , w F '7� l:rZc 5 2" N A _0 IkL r o M �F, -.1 Rr., VV t, j ." , —, . I I . . �. '. e t � b . k-• USGS Quad: D I ONE Spruce Pine, NC Outfall Facility Latitude: 350 55'9.3" N 350 55'23.1" N Longitude: 82' 3' 3 8.4" W 820 3' 38.2" W Stream Class: C-Trout Facility Location North Subbasin: 04-03-06 HUC: 06010108 Spruce Pine WTP NC0082767 Receiving Stream: UT to Beaver Creek Mitchell County Permit NCO082767 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective .date of the permit and lasting until expiration, the Pennittee is authorized to discharge treated backwash wastewater from outfall 001. Such discharges shall be limited and monitored by the Pennittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample,,. Type Sample Location Flow, MGD 2/Month Instantaneous Effluent Total Suspended Solids (TSS) 30.0 mg/l •45.0 �mg/l 2/Month Grab Effluent PH Not more than 9.0 S.U. nor less than 6.0 S.U. 2/Month Grab Effluent Total Residual Chlorine (TRC) 17 µg/l 2/Month Grab Effluent Turbidity, NTU Monthly Grab Effluent Aluminum , µg/1 Quarterly Grab Effluent Total Copper 3, µg/1 Quarterly Grab Effluent Total Iron, mg/1 Quarterly Grab Effluent Manganese 2, µg/I Quarterly Grab Effluent Chronic Toxicity Quarterly Grab Effluent Footnotes: 1. Total Residual Chlorine .compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Pernittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), -even if these values fall below 50 ug/l. 2. A minimum detection level of 50 µg/1 is required. 3. A minimum detection level of 1.0 µg/1 is required. 4. Chronic 7 day test, P/F,(Ceriodaphnia dubia) at 90%; February, May, August, and November; refer to Special Condition A.(2). All effluent characteristic samples shall be collect and measured at the same time as the toxicity sample. All samples collected must be of a representative discharge. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0082767, A. (2) CHRONIC TOXICITY MONITORING (QUARTERLY) -DRAFT 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 90 %. The testing shall- be performed as a Cerjodaphnia dubia 7day pass/fail test. The tests will be performed during the months of February, May, August, and November. 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 if 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 and reporting of the data submitted on the DMR and AT Forms. 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 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 1012912010 JPDES Permit Standard Conditions Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 1012912010 IDES Permit Standard Conditions Page 3 of 18 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 1012912010 ODES Permit Standard Conditions Page 4 of 18 penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Power Failures" (Part lI. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-231. Version 1012912010 DES Permit Standard Conditions Page 5 of 18 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 ReUply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business- function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Version 1012912010 4PDES Permit Standard Conditions ` J - Page 6 of 18 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: "I certify, tinder penalty of law, that this document and all attachments were prepared tinder my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) .(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 DES Permit Standard Conditions Page 7 of 18 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (0]. 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 IL E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority- may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 1012912010 , PDES Permit Standard Conditions Page 8 of 18 b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1,1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / 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 Version 1012912010 DES Permit Standard Conditions Page 9 of 18 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 or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 1012912010 ,1PDES Permit Standard Conditions Page 10 of 18 c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge , All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. " Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 DES Permit Standard Conditions Page 11 of 18 b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41). Version 1012912010 JPDES Permit Standard Conditions Page 12 of 18 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 . Version 1012912010 'DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1012912010 JPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section S. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 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. Version 1012912010 DES Permit Standard Conditions Page 15 of 18 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system. [40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will 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; (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; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 JPDES Permit Standard Conditions Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Proarams Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403,15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SILT. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 DES Permit Standard Conditions Page 17 of 18 all IUPs. Permitted IUP loadings for. each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct WC) 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 21-1.0906 (b) (6) and .0905; NCGS 143-215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self Monitoringand nd Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403'.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) 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 Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC2H .0909, and specific local limitations. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906(b)(7) 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 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted according to a schedule established by .the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); Version 1012912010 RDES Permit Standard Conditions Page 18 of 18 b.) Pretreatment Program Summary(S) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SILTS) that were in Significant Non - Compliance (SNC) as defined in the. Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(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. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 1012912010 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Mr. Richard Canipe Town Manager P.O. Box 189 Spruce Pine, North Carolina Dear Mr. Canipe: Division of Water March 7, 2006 28777-0189 ., Secretary E., Director MAR 1 5 2006 WATER QUALITY SECTION . ASt, +l_LE REGIONAL OFFICE Subject: Issuance of NPDES Permit NCO082767 Spruce Pine WTP Mitchell County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on January 18, 2006. , If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, Al /— Alan W. Mimek, P.E cc: Central Files / ce = ur• a`e Watery Yro_ eetion - NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarolina Phone: 919 733-5083 /FAX 919 733-0719 I Internet: h2o.enr.state.nc.us ;W&MIlff An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Permit NCO082767 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF•WATER QUALITY ° PERMIT. TO DISCHARGE WASTEWATER UNDER NATIONAL POLLUTANT DISCHARGE ELIMINAT] 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 Spruce Pine is hereby authorized to discharge wastewater from a facility located at the Spruce Pine WTP `7Y -206"Clearwater Road Spruce Pine Mitchell County to receiving waters designated as Beaver Creek in the French Broad 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 April 1, 2006. This permit and authorization to discharge shall expire at midnight on February 28, 2011. Signed this day March 7, 2006. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO082767 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Spruce Pine is hereby authorized to: 1. Continue to operate a water treatment plant with a discharge of filter -backwash wastewater. This facility is located at the Spruce Pine WTP on Clearwater Road near Spruce Pine in Mitchell County. 2. Discharge from said treatment works at the location specified on the attached map into Beaver Creek, classified C-Trout waters in the French Broad River Basin. �� 1�5— i • H4 Uhl m c • i ', 1 w I ` V )\;•.:.:" .'' — 1 i' i l': :•( (`/ .- ' • ` ♦ -' \\` , f ). I J• ,; j ' ,1 ; �t?Bo` ''� i ) )�� .�C,:.;;':,.:•r �'�•; �f 1, - ��` LL I` ,• �:. •firinpro �• lli'•,) `. `_�'�s- { �' l�.", � �•• � ��l} A. �tl •j @r; �' r / ��ir 5 \�� �— ai(��,. 1 '' fir_- ':j'\A I•-`:'. s" •r •� / ,,�) I1 I eav Cre�GCh;,` \ - ` /r'' �.�•Stf I �� .(r-�. ,':• �_�+':``+,• r -•i /i•l��>� II •ii' L• )'l I.1 (r�� • +�'� li %,/O� �, r` J• DO ne Bra •-- - > • 1 �. :.l !. ` ifir� . .•r. : -: • 'i• � � - :\ .. •.```.�,\ r�l ^( =.�/yl fj' `( i .1 \�/ 'n. �``\., !tea �� t I i .� � I -^ \I e i '.�'i"' \��• •'„ �'� \`\l "� �j/ 80-{1 (\ �ly� ijlX ntti (CY -,�•' ''G ( ��r� �'\'`'—�i i �/7 -, .` ifu:i •'. l .. `. ., , - +•♦ 1• �— `-'r / TIITPSJJ)'(�,\`� �•.� ` Lti �, :.��.-"1�'��O � •� /Y. It :'. �,��� i , . d; ('-��. ,jj l • JJ//lu ; 1((tt�� _ eSer�oir1 J 596i t ' • f � =.� � °I� � �] .Fh,illip64Ce �•)1) / sC� �' .J%.-_-: � • _ �� .• :• j _ , n i09��1n.`>( I . ; ` � . /` '� • � ',i I Spruce 'e � r� %` �' � ; 16 -.1 / �' • _ :may 7/' f"..w: �V/l'•y 3070..• �SCS` =.-,_o Ste•+ I �:. •. , ' •, • tf+ �� .Gas-=. \ ! G i-•\.-J �4.==.. ll_ f -� \ •` ,' ` ,IeY_�emN� _ C`O S, 'I(r HOSDI I:l( ��..^ n� ::�r �.ji• ':-.../ •Deacon Sr:� _ �a"', '� i.. \it ems: - £n91t i /�- ;?bl 1: J:: - 'a•. "„ " • ✓; p``�==- i `� /• \� l �'� '• .,_ �n1' l I' Berry Cha Del Z n �,} ; `.�, •/'-\, `/i ,•�Sl'Ltrol�s C•/'� `:'j Ii wafer.�� \'• =�! •li_ pru a Pine _ ori51 Ceni1. f� \`. °„ `ht I , ;• _ (� i' ', . ` `� �L��) ! ;; n'on. mule\ .ter: l'� � ..� ._, •-'�I'• j ''• � �� ��_�, ' � � Latitude: 35*55'09" ' ' Facility �' - NC0082767 ' Longitude:82�03'38" x� �# a Quad #: D10N'E LocationSpruce Pine WTP Stream Class: C-Trout Subbasin:40306 0 Receiving Streamr5e� Creek North SCALE 1:24000 Permit NCO082767 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on April 1, 2006 and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER y 1#'f`F'4 ' ' �,`, 3 LIMITS z,+ r ; r n�`MON TORING"REQUIREMENTS `I�'' s --,..� 7 hr p 5�%.,y'A t `., '2 `a`>.C51 "' ,"L} �vv ,�cs�'S? a. Wa .^4 E a.. ser - y y ss...s. }, r`➢-�c _'�a, t� MonthlyXl, Da y=� � _.-,w 4 ...+>F, ,,=� J 'a a Measur Sample Typew S �mpte t&atidn � t � Average a Maximum " �menf ti FreguerjcY1 , T°W. Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity) Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Total Residual Chlorine 17 Ng/L Weekly Grab Effluent Aluminum Weekly Grab. Effluent Footnotes: 1. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 10 NTU. If the instream turbidity exceeds 10 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream.. 2. Limit takes effect October 1, 2007. Until then, the permittee shall monitor TRC [with no effluent limit] 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. f NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Ave= The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav 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 maybe used for sampling. . Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample, collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 ,hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with I the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume'collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division' The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20)2003 NPDES Permit Requirements Page 3 of 16 MonthlyAveraee (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit I§suing Authority The Director of the Division of Water Quality. Quarterly 7eraee (concentration limit) The average of all samples taken over a calendar quarter: Severe Topertl* 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)0) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational . error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. Duty- to Cyr The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41). a. The Pemuttee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for, a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious• bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(13)(1) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under .state law, a civil penalty of not more than $25,000 per violation may be assessed againsf any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each- day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment -[40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance tray be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages; such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Va►einn PlonlonnR NPDES Permit Requirements Page S of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the -Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the- expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration - date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by. the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements ' All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed 'as follows:. (1) For. a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president; secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating'and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, 'State, Federal, or other public agency- by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having, responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A ' duly authorized representative may thus be either a named individual or any individual occupying a named position); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CPR 122.221 Version 612012003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director - prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of -this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to, the best .of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (% - 13'. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the -annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. - Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Pemuttee 'shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission.. The ,Permittee must also employ one or more certified Back-up.ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.02011. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays, ➢ Properly manage; and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is -classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3.. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs'b. and c. of this section.. b. Notice [40 CFR 122.41 (in)' (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 (i) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the. use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have,been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action, against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review :of claims that Version 6(20/2003 �e NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate,, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. r d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States'. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with. applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any, significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the :entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or' substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [401CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form ,(MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the, following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 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 than10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit _ ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individua(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 p)). Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject- neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (i). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to'the Director of any planned changes to, the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 0) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMK Version 612012003 r C� NPDES Permit Requirements Page 11 of 16 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 122.410) (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 p) (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 122.410) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office -or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in,quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance, through the facility; or any' other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement -on- any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 612012003 i NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41). 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless 'the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed constriction have been submitted by the Permittee and approved .bythe Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division, of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in .the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 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 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine 'or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in' the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facilitx Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6120/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A Publicly Owned Treatment Works (PQIM All POTWs must provide adequate notice to the Director of the following. 1. 'Any new introduction of pollutants into' the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information' on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; C. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW 'Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal. Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 612012003 NPDES Permit Requirements Page 14 of lG Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey O[WS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis A) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H -.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 NPDES Permit Requirements Page 15 of 16 Authorization to Construct (A to Q 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. POW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP� The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports ARC The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by. the Division; d.) Industrial Data Summary Forms (,IDSF� Version 61201 003 =", NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Pertnittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding; and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H.0907.. Version 612012003 Frazier, Wanda From: Sent: To: Cc: Subject: Attachments: Hi Ron, Frazier, Wanda Friday, April 08, 2011 5:34 PM Berry, Ron Pugh, James L.; Edwards, Roger NC0082767 Spruce Pine Water Treatment Plant permit renewal NC0082767 Spruce Pine WTP tracking slip.pdf; NC0082767 Spruce Pine WTP a cover page 2011.doc Attached are the latest facility info and tracking slip for the Town of Spruce Pine's Water Treatment Plant. I reviewed your DRAFT permit. Here's what I would suggest for the final permit: ➢ Cover letter (change as follows): Facility Class: The draft indicates: " I" There is no letter in the (ARO) file notifying the facility that it has been classified as a Class I Physical Chemical. There is no classification in BIMS. There are no ORC designations in BIMS, probably because they have never discharged. (That is why I copied James Pugh on this.) A classification letter needs to be sent, if this hasn't been already done. Then, I would change the cover letter to indicate: Facility Class Physical Chpmir_al 1 ➢ A. Supplement to permit cover page (change as follows): 2. Discharge from said treatment works .. classified Change: C-Trout To: WS-I; High Quality Waters ➢ Map (change as follows): Change: C-Trout To: WS-I; High Quality Waters ➢ Renewal application. 1 I discussed the new WTP permit renewal strategy with the contract operator. ➢ Everything else looks good. ➢ ARO recommends renewal of this permit. Also, could you email me the following data, (indicated by "?" )? Stream information Stream: unnamed tributary to Beaver Creek River basin: French Broad River Basin Sub -basin: 04-03-06 Hydrologic Unit Code: 06010108 Quad: Spruce Pine, NC Grid: D 10 NE Stream classification: WS-1 ; High Quality Waters Drainage area sq mi: ? Instream Waste Conc.: 100% Chronic Toxicity Testing: Ceriodaphnia dubia at 90% dilution Average stream flow: ? cfs Summer 7Q10 cfs: ? Winter 7Q10 cfs: ? 30Q2 cfs: ? Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 2 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Richard Canipe Town Manager Town of Spruce Pine P. O. Box 189 Spruce Pine, NC 28777-0189 Dear Mr. Canipe: Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary March 16, 2011 Subject: Draft of Renewal Permit NPDES Permit NCO082767 Spruce Pine WTP Facility Class-- Mitchell County Enclosed with this letter is a copy of the renewal draft permit for your facility. Be aware there are many changes from your existing permit. Please review the draft carefully to understand the conditions, measurement units, and new requirements. Be aware that your facility's Total Residual Chlorine (TRC) October 1, 2007 compliance date has past, and any discharges to your permitted outfall must be in compliance. The permit TRC footnote was amended to reflect the conditions that now apply. The Division understands your NPDES discharge is a back up and you do not intend to . discharge to the outfall, however, we strongly urge that you develop a procedure to address dechlorination, if required. Prior to the addition of any new equipment, you must obtain an Authorization to Construct from the Division's Construction Grants and Loans Section. Your permit is among several in the French Broad River basin that are up for renewal. The changes made in your renewal permit comply with North Carolina water quality standards (WQS) and Division policies. These changes include: Summary of Changes as required per Division Water Treatment Plant Strategy 1) Effluent Settleable Solids and instream Turbidity monitoring were removed. 2) Effluent monitoring for Total Iron and Aluminum were reduced to quarterly. 3) Effluent monitoring for Flow and Total Residual Chlorine were reduced to 2/month. Page 1 of 2 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One LL w{ Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: vnvw.ncwaterquality.org An Equal Opportunity \ Aff rmative Action Employer 4) Effluent limitations with 2/month monitoringfor pH were added. 5) Effluent monthly monitoringfor Turbidity was added. 6) Effluent quarterly monitoringfor Total Copper, Manganese, and Chronic Toxicity were added. 7) A Special Condition for Chronic Toxicity Monitoring was added. The permit draft will be sent to the Environmental Sciences Section for comment. Concurrent with this notification the Division is publishing a notice in the newspaper having circulation in the general Mitchell County area, soliciting public comments on this permit draft. Please provide any comments you may have regarding this draft to DENR — DWQ, NPDES Program no later than 30 days after receiving this draft permit. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft for your facility, please call Ron Berry at (919) 807-6396 or by email at ron.berry nancdenr.gov. If no adverse comments are received from the public or from you, this permit will likely be issued in May 2011, with an effective date of June 1, 2011, expiring on February 29,.2016. Sincerely, ORIGINAL SIGNED BY RON BERRY Ron Berry Engineer, NPDES Complex Permitting Unit Attachments Cc: Asheville Regional Office/Surface Water Protection Section (email with Fact Sheet) Environmental Sciences Section/Aquatic Toxicology Unit/Susan Meadows (email) TACU/James Pugh (email) NPDES Unit Page 2 of 2 Permit NC0082767 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 Commiss'iori, and the Federal Water Pollution 'Control Act, as amended, the Town of Spruce Pine is hereby authorized to discharge wastewater from a facility located at the Spruce Pine WTP 95 Clearwater Road Spruce Pine Mitchell County to receiving waters designated as unnamed tributary to Beaver Creek in the French Broad 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 tbd. This permit and authorization to discharge shall expire at midnight on February 29, 2016. Signed this day tbd. DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0082767 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Spruce Pine is hereby authorized to: Continue to operate a 1.6 MGD water treatment plant discharging intermittent filter -backwash wastewater, and consisting of: o Two (2) anthracite multimedia gravity sand filters with backwash flow meters o Backwash wastewater collection/settling tank o Wastewater discharge connection to city sewer o Alternative wastewater discharge connection to gravity line to unnamed tributary This facility is located at the Spruce Pine WTP on Clearwater Road near Spruce Pine in Mitchell County. 2. Discharge from said treatment works at the location specified on the attached map to an unnamed t 'h"r�ntolBeaver Creek, classifie C-Trout aters in the French Broad River Basin. — Permit NCO082767 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — DRAFT During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated backwash wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Tye Sample Location Flow, MGD 2/Month Instantaneous Effluent Total Suspended Solids (TSS) 30.0 mg/1 45.0 mg/1- 2/Month Grab Effluent PH Not more than 9.0 S.U. nor less than 6.0 S.U. 2/Month Grab Effluent Total Residual Chlorine (TRC) 17 1 2/Month Grab Effluent Turbidity, NTU Monthly Grab Effluent Aluminum; mg/1 Quarterly Grab Effluent Total Copper 2, µg/l Quarterly Grab Effluent Total Iron, mg/1 Quarterly Grab Effluent /1 Quarterly Grab Effluent -Manganese Chronic Toxicity Quarterly Grab Effluent Footnotes: 1. Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. 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'� ��,-,-..yY• $'jI k+€- . { a� ^s;?�'� ,,•` �, � E' .•� � s � � •i _ - a � .� is ���` "y/�(jyj�,,.�,�,�� rt��y �.4 ���� t, � °, t t � ""r°'"`n:3+7�.�,+�4-..,�-;:'3 `-- �XyY fA.tl_,.m USGS Quad: D10NE Spruce Pine, NC Outfall Facility Latitude: 350 55' 9.311 N 350 55' 23.1" N Longitude: 820 3' 38.411 W 820 3' 38.2" W Stream Class C-Trout lJS— -X ; 71 North Facility Location . Subbasin: 04-03-06 HUC: 06010108 Spruce Pine WTP NC0082767 Receiving Stream: UT to Beaver C Mitchell County Permit NCO082767 A. (2) CHRONIC TOXICITY MONITORING (QUARTERLY) -DRAFT 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 90 %. The testing shall be performed as a Ceriodaphnia dubia 7day pass/fail test. The tests will be performed during the months of February, May, August, and November. 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 and reporting of the data submitted on the DMR and AT Forms. 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. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES PERMIT NCO082767 Facility Information - - Applicant/Facility Name:: ° , N Town of Spruce Pine, Spruce Pine WTP Applicant Address: P. O. Box 189; Spruce Pine, NC 28777-0189 Facility Address: 95 Clearwater Lane; Spruce Pine, NC 28777 Permitted Flow N/A (estimated 0.040 MGD) Type of Waste: Conventional WTP decanted backwash water Facility/Permit Status: Class I Active; Renewal �C — County:- Mitchell County Miscellaneous Receiving Stream: UT to Beaver Creek Stream Classification: C-Trout Subbasin: 04-03-06 Index No. 7-2-41-(2) . Drainage Area (mi ): - HUC: 06010108 Summer 7Q10 (cfs) - 303(d) Listed? No Winter 7Q10 cfs): - Regional Office: Asheville 30Q2 (cfs) _ State Grid % USGS Quad: D10NE Spruce Pine, NC Average Flow (cfs): - Permit Writer: Ron Berry IWC (%): :' 1 100% Date: BACKGROUND The Town of Spruce Pine, operates a 1.6 MGD capacity conventional drinking water treatment facility that serves the Spruce Pine community. A contract service is operating this facility. Since its start up, the facility has diverted its backwash wastewater to the local WWTP. However, the Town of Spruce Pine wants to continue to maintain its NPDES permit for this discharge as a viable back up. PROCESS Two anthracite multimedia gravity filters, provide post filtration of the treated raw water from the chemical flocculation section of the drinking water treatment process. On intermittent -bases; �05:5 the filters are backwashed with a portion of finished drinking water estimated to be 20,000 gpd per filter. Backwash water meters .are available to estimate the total backwash volume. The backwash water from the filters is accumulated in a settling tank. The finished drinking water is chlorinated but not fluorinated nor is a zinc -based corrosion inhibitor added. Currently, the contents of the tank are sent to the WWTP. To send the contents of the tank to the NPDES outfall, first the contents would remain in the settling tank to allow the solids to settle out. Then the wastewater would be decanted to a gravity sewer line that terminates at a culvert on Elm Street. The culvert eventually empties into Beaver Creek. As needed, the accumulated solids in the settling tank would be removed and taken to the WWTP for further processing. HISTORY The facility was given a compliance date of October 1, 2007 for TRC in its current permit. The Permittee has opted not to install equipment, nor establish a contingency for, meeting the TRC compliance. As of August 1, 2006, the Permittee was granted a waiver on submittal of DMR Fact Sheet NPDES NCO082767 Page 1 of 2 until such time he discharges to the outfall. There were some issues with DMR submittal being late prior to the waiver. PERMITTING STRATEGY There was no data to review. But the Division's current Water Treatment Plant Strategy Policy was applied. Settleable Solids monitoring and instream Turbidity sampling were removed. The Aluminum and Iron monitoring were reduced to quarterly to coincide with future toxicity testing. Flow and TRC monitoring were reduced to 2/month. Parameters added to the permit included effluent monitoring for pH, Turbidity, Total Copper, Total Manganese, and freshwater Chronic Toxicity.. There is no applicable stream flow data so the IWC% = 100%, resulting in the chronic toxicity test concentration % = 90%. The pH will also include a range limit. Since the TRC compliance date has past, the facility must be in compliance. The TRC footnote will be revised to define the current- chlorination definition and measurement protocol. To reinforce the TRC compliance status, the cover letter will provide additional narrative. No nutrient monitoring is required SUMMARY OF PROPOSED CHANGES In keeping with Division policies the following will be incorporated into the permit: • Effluent limitation/monitoring for Settleable Solid and instream Turbidity monitoring will be removed. • Effluent monitoring for Iron and Aluminum will be reduced to quarterly. • Effluent monitoring for Flow and TRC will be reduced to 2/month. • Effluent limitation/monitoring for pH will be added. • Effluent monitoring for Turbidity, Total Copper, Total Manganese, and Chronic Toxicity will be added. • TRC footnote narrative will be revised. • A Special Condition for Chronic Toxicity Monitoring will be added. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: March 16, 2011 Permit Scheduled to Issue: June 1, 2011 NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Ron Berry at (919) 807-6396 or email ron.berry@ncdenr.gov. NAME: ORIGINAL SIGNED BYRONBERRY DATE: 3114111-- ' REGIONAL OFFICE COMMENTS NAME: TE: SUPERVISOR: DATE: Fact Sheet NPDES NCO082767 Page 2 of 2 N R - North Carolina Department of -Environment and Natural Resources.- Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 1.1, 2010 RICHARD CANIPE MANAGER TOWN OF SPRUCE PINE PO BOX 189 SPRUCE PINE NC 28777-0189 Subject: Receipt of permit renewal application NPDES Permit NCO082767 Spruce Pine WTP Mitchell County Dear Mr. Canipe: Dee Freeman Secretary The NPDES Unit acknowledges receipt -of the permit renewal application for the above facility on October 11, 2010; however, on initial review it was noted that the required Sludge Management Plan and Flow Schematic were not included in the submitted paperwork. Please submit these documents to this unit. For your convenience, we can accept a faxed copy at (919) 807-6495 or you can mail it attention to me at the mail service center address listed below. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required. If you have any additional questions concerning renewal of the subject permit, please contact Ron Berry at (919) 807-6396. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES tyffievilleion lt@ffice/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 91M07-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer I � i OCT 7 4 2010 WATER CugLI gECr o AGLEVILLE REGIONAL OFFICE k One:.., Norf ' arohn-w . wlll"ally :;; .. Town of Spruce Pine, North Carolina October 6, 2010 Mrs. Dina Sprinkle NCDENR/ DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mrs. Sprinkle: The Town of Spruce Pine would like to request the renewal of the discharge permit for our water treatment facility. There have been no changes to the process operation of this facility since the issuance of the last permit. If you have questions or need further information please feel free to contact me. Thank you for your assistance in this matter. Sincerely, l/ Richard Canipe Manager Town of Spruce Pine Post Office Box 189, Spruce Pine, North Carolina 28777-0189 Telephone: (828) 765-3000 Fax: (828) 765-3014 Website: www.sprucepine-nc.gov NPDES F'___1VIIT APPLICATION - SHORT I OAM C - WTP For discharges associated with water treatment plants Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCOO 8 a?b'7 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name l OW u C> t J (J R V Cs�_ Pi dy P Facility Name SP(W C- .. P1 � e- W A 4e. (L `Tlz�� .e Mailing Address �v X '?C1 City 5P2 VL 7 vv .Q. State / Zip Code N C •a- F Z `1 -7 Telephone Number (g V -7& S - 3 Fax Number (AY) %(0 5 - 3013 e-mail Address 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road �C� C1 l�A w A e-iz_ LA Ai e_! City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name 0 .MeD-1 Cn ti � �0- Mailing Address q S L' k Q A a L,-) A 4-e-a - LA -Q City Sp e Y, ,N � State / Zip Code K) C A 19 -) -1 1-) Telephone Number ( �J�) Fax Number 4. Ownership Status: Federal ❑ State ❑ Pagel of 3 Private ❑ Public f K C-WTP 03105 NPDES P= — -'MIT APPLICATION - SHORT Fro;, ;= C - WTP For discharges' associated with water treatment plants S. Type of treatment plant. - Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) ❑ Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑ 6. Description of source water(s) (i.e. groundwater, surface water) 7. Describe the treatment process(es) for the raw water: � teR � S. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: . b �s c hA rz � 5 � r= �C Se�u Q-2 S 9. Number of separate discharge points: 1. Outfall Identification number(s) 10. Frequency of discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: V X I &S 11. Plant design potable flowrate 1 i Io MGD Backwash or reject flow 00q. O MGD 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitu%dle and longitudes -T q 7� rt Page 2 of 3 C-WTP 03/05 z / _ NPDES PL 41T APPLICATION - SHORT C - WTP For discharges associated with water treatment plants 13. Please list all water treatment additives, including cleaning chemicals or disinfection treatments, that have the potential to be discharged. CAL54-ve. 5o6A, Ph��ti��� 14. Is this facility located on Indian country? (check one) Yes ❑ No IN 15. Additional Information: Provide a schematic of flow through the facility, include flow volumes at all points in the treatment process, and point of addition of chemicals. D Solids Handling Plan 16. NEW Applicants Information needed in addition to items 1-15: New applicants must contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No Analyses of source water collected Engineering Alternative Analysis Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. C U tz, name of of Applicant "4_� ouiIJ 11VI4y. Title 'a — late —to North Carolina' General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of 3 C-WTP 03/05 ;G .[ Lim °o '� I ill v: ::....., k+irK 1i.; . ;r // /•• �• �I � (�I�;. �,. ��� ';;Siinpro•' •1 e' I'(\'l ,�' ; _tea= ///r�� �l I' ���� S •I:�•• ��C\�.�_ ���\•, 1 ) ` . � :; Ih 1, ` .'' � : i• /-'-; ( (�—_,\. 'L:�/'! �/�/) ;III : I � 1 � ;•� _ •. \I1I`�.J _l � `. tRI r,p mine •r li_( -P-• 1. -'_- .•._�' _L'. ��� ' ' �1' �: -.� •1.6� 1'.'•,• �'. ;t� ` •r � ',l),IIII1 I :.i� :. ���. `- \. III, •-�. d " . . = •.�,. f (( (\(``` (\\' ; + en, Crr96'Ch• , - /••_. nil a.�• k�� •,' •� .I (. I .��,,�e,+�`, �\I fi rJ� .I� I r }J:r � •' I �— r � I iJr \ it Ica I `-�tiiMUM i 11 •lw �'-1'rV. T; i.it �•\ I 'P111e 30 1� o l u•1 /._ prue" Pl' 9p \ \ ,I I �•� 1` �penp�I mine'S `.';' r, l] pi• , .' r ' r :' �i'� ( 1 t2]• ' "I -'�` jj ` //i4 ,; O� _ eielir GA a0 +`. a I • .� t. ^'•,'I' ,'I �` �7 ,FIiilllpilyC Y) 06 596' •.. • '�'' o'��f : ' ` t/.-��- ,l ii 'ili �� .:�,Q�/' rr 'I i. •J. ;, •✓ tg9dda .�_, ---• i 1 Spruce e ' ; r,- �.A 1, i ;)!d l�`�\ 5? . • �� �f �/ r '" „- i �. 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' • •, I ^ '``,•1•''.i ;_'� , i `�--'� ` '• • i�n91i`h l� �' r TI • i i r� a. ,"; �', II,I�!'' ! li •,�' ` \. • .�` i ` - � • l`•� / � � = -- '• L' . /'�.'+ r _ it ' � ��, ° ` � � 1 ^I" . / /; ` n ai I. _ _ . �1 � � _r_ •• C.. • / BerrY Jrhd 011 •v. �•• 'n�rr ��, l J / - •� ``�- I .1`' •/• -` S$I'LLd�ZS•C• ',� IIt •.may _ tiViter�•'��••�.�� 1/•I '(�- ', , :�� _ i ^i ` 1, I r , .%\� •� p uGe Rne . „'�_ .r� ' — _ !r) P 78. \. n DII mill!,JF OU r.l �� .-.'. -^� � - 1 .`.'. �_ ____._ =mot \• I _-��� �� .� � � \ gem ; ��,� - �,� �`` . �, • a "r 1 ..�_ \ �� �w,. �p �. , ; "`••�„ `_ r: • 1 t�CP •M\ / •, ''�'./.'/.' .� - - I ,d--" �• � 1\�\` Afar p �` /' :p � � -'�.-. Latitude: 35'55'09" Longitude: 82'03'38" N C 0 0 8 2 7 6 7 Quad #: D10NE Stream Class: C-Trout Spruce Pine WTP Subbasin:'40306- - (011-03_O6 Receiving Stream: Beaver Creek li�nQme� �.',/ut.•y SCALE Facility Location r na - iY2 ey,3i-..S F AG' ... I Ae � NCDENR North Carolina Department of Environment an'dr_Naturaf Resources'°''"`' "' :' Division of Water Quality Michael F. Easley, Governor William-G. Rossn, Jr ; Se etary Alan IjV -Klimek,-P:E:, Director January 18, 2006 J A N 1 9 2006 Mr. Richard Campe WATER QUALiT' SEC Town --Manager SECTION' P.O. BOX 189 ASHEVII LE P ' Spruce Pine, North Carolina 28777-0189 Subject: Draft NPDES Permit Permit NCO082767 . . Spruce Pine WTP Mitchell County Dear Mr. Campe: 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 contains the . following significant changes from your current permit: ➢ A total residual chlorine (TRC) limit has been added to this permit. The limit will take effect 18 months after the effective date of the final permit. See the attached TRC policy memo for details. 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, with an effective date of April 1, 2006. If you have any questions or comments concerning this draft permit, contact me at the telephone number or e-mail address listed below. Sincerely, lwk �' Charles H. Weaver, Jr. NPDES Unit cc: NPDES Unit Ashea1_e Regioriak0f€ice 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 1, 1 512 North Salisbury Street, Raleigh, North Carolina 27604 NOfthCarollna Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us charles.weaver@ncmail.net Namr,"Iff An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Permit NCO082767 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY I0 ' � IN 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 Spruce Pine is hereby authorized to discharge wastewater from a facility located at the Spruce Pine WTP 200 Clearwater Road Spruce Pine Mitchell County to receiving waters designated as Beaver Creek in the French Broad 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 February 28, 2011. Signed this day Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0082767 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions; requirements, terms, and provisions included herein. The Town of Spruce Pine is hereby authorized to: 1. Continue to operate a water treatment plant with a discharge of filter -backwash wastewater. This facility is located at the Spruce Pine WTP on Clearwater Road near Spruce Pine in Mitchell County. 2. Discharge from said treatment works at the location specified on the attached map into Beaver Creek, classified C-Trout waters in the French Broad River Basin. . kAA M A Ve IrV JIj C: :; '• �`;,: °:),I(I i'.�-tea= ��/ ��, (// ,�,� S � .`\�.____S�1` :( .:�?_• 'Minpro i r i pp rn f n 4: 7 a n ou e Bra _3 L "d -Y H h pr� 90 995 Ili 30 7' pen rrv(ne 15� PhU,�c illip eh ,;o, igg k k k, -3prude A X2517, t „�IeY cern P. A H - : I e t L -wa er Y /78 Pi orW Ce n M ou 5) J A 2" Latitude: 35'55'09" Longitude: 82'03'38" NCO082767 Quad #: D 1 ONE Spruce Pine WIP Stream Class: C-Trout Subbasin:40306 Receiving Stream: Beaver Creek Facility Location fi North F SCALE 1:214000 Permit NCO082767 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER} %'T LIMITS <, MONITORING REQUIREMENTS r1 i Monthly Daily Measurement a Sam le Type Sample Location 7 k 3 a� } ; .; y :Average,:;= `Maximum-:_ Y. frequency. ...1 Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity) Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Total Residual Chlorine 17 pg/L Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes: 1. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 10 NTU. If the instream turbidity exceeds 10 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 2. Limit takes effect 18 months after the effective date of the permit. Until then, the permittee shall monitor TRC [with no effluent limit] 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. TO: PERMITS AND ET- ERING UNIT Tr�ATER QUALIT ION Attention: Mac Wiggins DATE: October 24, 1997 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Mitchell PERMIT NUMBER NCO082767 PART I - GENERAL INFORMATION 1. Facility and Address: Town of Spruce Pine Water Treatment Plant Post Office Box 189 Spruce Pine, North Carolina 28777 2. Date of Investigation: October 16, 1997 3. Report Prepared By: Michael R. Parker 4. Persons Contacted and Telephone Number: Larry Carver 704/765-3000 5. Directions to Site: From the intersection of Old U. S. Highway 19E (Oak.Street) and Elm Street, travel northeast on Elm Street to its intersection with Reservoir Road. Turn left on travel approximately 0.1 mile to the water treatment plant site. 6. Discharge Point(s), List for all discharge points: Latitude: 35055'09" Longitude: 82003'38" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. D10NE U.S.G.S. Quad Name Spruce Pine, N. C. 7. Size (land available for expansion and upgrading): 1 acre 8. Topography (relationship to flood plain included): Mountainous Not subject to flooding. 9. Location of nearest dwelling: approximately 200 feet Page 1 10. Receiving st4Wr affected surface wat%V Beaver Creek . a. Classification: C-trout b. River Basin and Subbasin No.: FBR 06 C. Describe receiving stream features and pertinent downstream uses: fishing, wading, fish and wildlife propagation PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater:, % Domestic 100 % Industrial a. Volume of Wastewater: 0.015 MGD (Design Capacity) b. Types and quantities of industrial wastewater: Water Treatment Plant C. Prevalent toxic constituents in wastewater: Chlorine, aluminum d. Pretreatment Program (POTWs only): in development approved should be required_ not needed 2. Production rates (industrial discharges only) in pounds per day: NA a. Highest month in the past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3. Description of industrial process (for industries only) • and applicable CFR Part and Subpart: Water Treatment Plant Alum Sludge and filter backwash water. 4. Type of treatment (specify whether proposed or existing): It is proposed to discharge 15,000 gpd of decant water from a thickener which will receive filter backwash water and settling basin blow - down water from the water treatment plant. 5. Sludge handling and disposal scheme: Sludge from the thickener is proposed to be discharged to the Town of Spruce Pine's wastewater treatment plant. 6. . Treatment plant classification (attach completed rating sheet): Class I. 7. SIC Codes (s) : 4941 Wastewater Code(s): Primary 21 Secondary Main Treatment Unit Code: 51007 Page 2 PART III - OTHETINENT INFORMATION I . 1. 40 1. Is this facility being constructed with Construction Grant funds (municipals only)? 2. Special monitoring requests: 3. Additional effluent limits requests: 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS The Town of Spruce Pine has made application for a discharge of wastewater from the water treatment plant. The wastewater will consist of decant water from the sludge thickener with an estimated flow of 15,000 g.p.d. They are proposing to discharge this to Beaver Creek which is classified C-trout waters. Ultimate disposal of the thickened solids will be discharged from the thickener to the Town of Spruce Pine's existing wastewater treatment facility. . It does not appear that this wastewater will violate water quality and it is recommended that the permit be issued. Currently there is no direct discharge to surface waters. All wastewater are being discharged to the Town of Spruce Pine's wastewater treatment plant. Signature of Report Preparer Water QualityRegional Supervisor l �,4 %' 7 Date Page 3 , zb00' ry� ne-8ra _I 30. L n l i .��-�.� �ir1�� el'tl i ��i��\i• ..C� �'�. ~{.\\`:,'` �a�} � /rr; up= .'`�.Fr'•f�c1,16eetyil��ih `—� s Trail ' .,( ' r• � / /:' I -,� , � 1T (/o �� ,`�i a '• y ha TAX- LUC C ne LIZ Run ),• col <� '� • \ �� / '•\'/ `� �__ ' J--• — '1 1n' • ., 0 1 ``mil 7200 -' r_r .r \��.� _�. � j// . i 4 � tm •'�'? �Y yr �� -- D � 11,• •.r �•_-�\ -�_ _ .-� /�\—�•'(.. - \, mac' / i '�}•�/ 'w. _ __ % �� '•1i /��� kft se ems= r " //•,• ,Skdjofda Lake J ;' 402 5' 103 1 (L/TTLE•Sw/TZERLANO 209-SE) 105. 2'30' a j mi •rr) ..,- 4555 / SE r I ,tn: •r� .y,. ;_F w, Jc;1. I,.:.+•: w4 r SCALE 1 24 000 s.� :cr•...r , . .. A=44 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Governor Director December 4, 2012 Richard Canipe Town of Spruce Pine PO -Box 189 Spruce Pine NC 28777 F f 4 Y Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection Spruce Pine WTP Permit No: NCO082767 Mitchell County Dear Mr. Canipe: On November 28, 2012, 1 conducted a Compliance Evaluation Inspection at the Spruce Pine Water Treatment Plant (WTP). The facility was found to be in compliance with permit NC0082767. Mr. Ray McCall with the Public Water Supply Section and Mr. Russell Lankford were present during the inspection. Enclosed is the inspection report containing important information for your review. If you or your staff has any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Enclosure cc: Central Files J,� ci_ ffev'ille Files 'i S:\SWPWMitchell\Wastewater\Municipal\82767 Spruce Pine WTP\SpruceWTP.CEI.LTR.Nov2012.doc SURFACE -WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 OnrthCarolina Phone: (828) 296-45001FAX: 828 299-7043 ���ur���� Internet: www.ncwateroualitv.org United States Environmental Protection Agency Form Approved. EP q Washington, D.C. 2046o /`1 OMB No. 2040-0057 Water Complbqnee 1nqpPrfinn Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 1 5 I 3I NCO082767 111 12I 12/11/2g 117 18I C I 19I S I 20I II Remarks 211 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA - ------------------Reserved------------ 67I 169 70I 3I 71 I I 721 N I 73I I 174 751 I I I I I I 180 I_I_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Spruce Pine WTP 10:00 AM 12/11/28 11/07/01 Exit Time/Date Permit Expiration Date 200 Clearwater Rd Spruce Pine NC 28777 11:30 AM 12/11/28 16/02/29 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of,Responsible Official/Title/Phone and Fax Number Contacted Richard Canipe,PO Box 189 Spruce Pine NC 28777//828-765-3000/8287653014 Contato No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Pretreatment 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 Linda S Wiggs.•'7/" ARO WQ//828-296-4500 Ext.4653/ 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 NPDES yr/mo/day Inspection Type (Cont.) 3 NC0082767 I11 12, 12/11/28 117 18I CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Site visit with Ray McCall (Public Water Supply). Russell Lankford (WTP Superintendent) was present for inspection. The Water Treatment Plant (WTP) maintains a wastewater permit in case a discharge to the stream is needed. Regardless, the WTP plans to continue to discharge their wastewater to the Town's Wastewater Treatment Plant (WWTP). The WTP will be adding a raking system this year for sludge/solids management. This will allow them to deliver more consistent and controlled amounts of solids to the WWTP. An attempt to visually locate the effluent pipe at the stream was made to no avail. Inspector suggested they schedule a discharge event with dye in order to locate the pipe at the stream. Page # 2 Permit: NCO082767 Owner - Facility: Spruce Pine WTP Inspection Date: 11/28/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Yes No NA NE ■❑nn Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 Q 0 ■ Judge, and other that are applicable? Comment: The facility maintains the NCO082767 permit in case future or emergency discharges are necessary. The facility currently discharges to the Town's WWTP. A DWQ letter dated July 31, 2006 waives DMR submittal; if or when any discharge to stream resumes, the discharge would need to be monitored according to the NPDES permit. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ fl Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ■ fl Q El Is access to the plant site restricted to the general public? ■ n D n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: See above comment on waiver. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ ❑ Is sample collected below all treatment units? 0110 p Is proper volume collected? ❑ ❑ ■ fl Is the tubing clean? ❑ ❑ ■ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? n n ■ [I Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ❑ Q ■ 0 Comment: If or when any discharge to stream resumes, the discharge will need to be monitored according to the NPDES permit. See comments above. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? fl ■ 0 ❑ Are the receiving water free.of foam other than trace amounts and other debris? ■ ❑ D ❑ If effluent (diffuser pipes are required) are they operating properly? 0 ❑ ■ C3 Comment: The effluent pipe was not located. Facility will attempt to locate effluent pipe. It was suggested to locate pipe by using dye. Contact DWQ when dye is used in anticipation of concerned citizen phone calls. 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A - l "ti;fit' ``+' t r� • ���x; �i �1 q�w.' �."a.,+ `sa, ' 'aSya D rr � f N• 1 ppy1,� 1 nF VA Michael F. Easley, Governor - William G. Ross Jr., Secretary North Carolina Department p. rironment and Natural Resources �110-py Coleen H. Sullins; Director •-- Division of Water Quality Asheville Reaional Office SURFACE WATER PROTECTION June 27, 2008 Mr. Richard Canipe, Town Manager Town of Spruce Pine Post Office Box 189 Spruce Pine, North Carolina 28777 SUBJECT: Compliance Evaluation Inspection Spruce Pine WTP Permit No: NCO082767 Mitchell County Dear Mr. Canipe: Enclosed is the Compliance Evaluation Report, of the inspection conducted on June 25, 2008 by Don Price and the writer. The facility was found to be in Compliance with permit NC0082767. Please refer to the enclosed inspection report for additional observations and comments. If there are questions, please call the writer or Mr. Don Price at 828-296- 4500. Sincerely, James R Reid Environmental Engineer Enclosure cc: Mike Buchanan, ORC Ce t al it As,ieviIf-e pies 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Ane Carolina 1V �ca&,ra!!il United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO082767 111 121 08/66/25 117 18I CI 19I SI 20Li Remarks 211 1 1 1 1 I I I 1 1 1 1 Jill 11 I I I I - I I I I I I I I I I I I I I I I I I I III I I I6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA------------------ Reserved --------_______ 67 I 169 70 LI 71 LI 72I N I 73 L Lj 74 751 I I I I I I 180 �— Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 08/06/25 06/04/01 Spruce Pine WTP Exit.Time/Date Permit Expiration Date 200 Clearwater Rd Spruce Pine NC 28777 12:00 PM 08/06/25 11/02/28 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Officialfritle/Phone and Fax Number Richard Canipe,PO Box 189 Spruce Pine NC Contacted No 28777//828-765-3000/8287653014 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N Sludge Handling Disposal 0 Facility Site Review 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 Jram s R Reid ARO WQ//828-296-4500 Ext.4651/ v Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NCO082767 I11 12I 08/06/25 I17 18IC1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Water Treatment Facility is a continuous flow filter system without convential settling basins. All backwash and wastewater is discharged directly to the Town's sewer collection system. The existence of an emergency discharge pipe (not operated) necessitates maintenance of NPDES Permit Number NC0082767. The monitoring requirement for the NPDES Permit was waived by DWQ's letter of July 31, 2006 signed by Susan Wilson for Alan Klimek. Page # 2 i Permit: NCO082767 Owner - Facility: Spruce Pine WTP Inspection Date: 06/25/2008 Inspection Type: 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 ■ 0.0 Q 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: Solids Handling Equipment Is the equipment operational? Is the chemical feed equipment operational? Is storage adequate? Is the site free of high level of solids in filtrate from filter presses or vacuum filters? Is the site free of sludge buildup on belts and/or rollers of filter press? Is the site free of excessive moisture in belt filter press sludge cake? The facility has an approved sludge management plan? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? # Is basin size/volume adequate? Comment: The emergency by-pass necessitates the active NPDES Permit Number NCO082767 Yes No NA NE Page # 3 K �F W A rF9 — — Michael F. Easley, Governor S Q _ 0 �" = William G. Ross Jr., Secretary t— North Carolina Depart- en of Environment and Natural Resources ../w� q Alan W. Klimek, P.E. Director Division of Water Quality September 27, 2006 CERTIFIED MAIL 70031010000046202369 RETURWRECEIPT REQUESTED Mr. Richard Canipe PO Box 189 Spruce Pine, NC 28777 Subject: NOTICE OF VIOLATION t Spruce Pine WTP NCO082767 Mitchell County NOV-2006-LR-0071 Dear Mr. Canipe: (bicu've.r elf c , ve This is to inform you that the Division of Water Quality has not received your monthly monitoring report for July 2006. This is in violation of Part II, Condition D(2) of the NPDES permit, as well -as 15A NCAC 213 .506(a), which requires the - .submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until -the report has been submitted. To prevent further action, please submit the June 2006 report to Bob Guerra at the address shown below, within fifteen (15) days of receipt of this notice. = The Division most tg4o fheco..etgrnc. bee3�1se timely submittal of discharge Monitoring reports -is essential to the -,ffEcierlt operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. , Sincerely, Bob Guerra Western Region NPDES Unit cc: (DVVQ.Asheville Surface:Vllater Protection Supervisgr Central Files ��' I WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 'on` NCarolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc,us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary 'Iari.W-Klimek; P;E.; Director_---• ID U July 31, 2006 AUG - 7 2006 j Mr. Richard Canipe j Town Manager WATER QUALITY SECTION P.O. BOX 189 ASHEVILLE REGIONAL OFFICE Spruce Pine, N.C. 28777-0189-- — Subject: Waiver of Monthly Reporting Requirement Spruce Pine WTP NPDES Permit NCO082767 Mitchell County Dear Mr. Canipe: The Division has reviewed your letter of July 21, 2006, which states the subject facility is not producing any wastewater discharge, .given that the backwash previously discharged is now sent to Spruce Pine's WWTP. You indicated that your town wishes to retain the permit in case future discharges are necessary. After considering the recommendations of the staff in the Asheville Regional Office, I have agreed to waive the requirement to submit monthly DMRs for the subject facility, effective August 1, 2006. The DMRs up through (and including) July 2006 should. be submitted as usual. Be advised that if and when any wastewater discharge resumes, the discharge must be monitored as per the terms of the NPDES permit and other applicable rules or statutes. Please keep the Asheville Regional Office apprised of any pertinent developments that arise regarding this facility, especially if the discharge is re -activated. While requirements for operator visitation, monitoring and reporting are being waived, your company is still required to pay the Annual Administering and Compliance Monitoring Fee that is associated with this and all NPDES permits. If you have any questions, or if you wish to request rescission of this permit, contact Charles H. Weaver, Jr. at 919 733-5083, extension 511. Sincerely, IV 1 ��-��v�-r✓ f,p-'Alan W. Klimek, P.E. cc: Central Files_ Asheville Regional Office /Roger Edwards' NPDES Files ��- 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One , 1 512 North Salisbury Street, Raleigh, North Carolina 27604 NOfti' Carolina. Phone: 919 733-5083 /FAX 919 733-0719 ! Internet: h2o.enr.state.nc.us Nam a"� - An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department ot'environment and Natural Resources w' �xm�fkfamW �Fklimek ?.E. Director Divis'on ofkl ter Quality AL- sh yr Regional Office R, PROTECTIO May 5, 2006 Richard Canipe, Town Manager . Town of Spruce Pine- P.O. Box 189 Spruce Pine, North Carolina 28777 SUBJECT: Compliance .Evaluation Inspection Status:. Compliant Spruce Pine Water Treatment Plant Permit No: NC0082767 Mitchell County Dear Mr. Canipe: Enclosed please find a copy :of the Compliance Evaluation Inspection form from the inspection conducted on May 2, 2006. The facility appeared to be. in compliance with permit # NC0082767. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely,, J et Cantwell nvironmental Technician • Enclosure cc: NPDES, Central Files, w/ attachment :Asheville:-Files�,_w/-a#tachment Dave Cooley/Project mMdager w/ attachment NorthCarolina �l �%!ItllCll/�1' 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 uniteo States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Ins ection Re Oft Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection 1 Type Inspector Fac Type J NJ 2 151 31 N00082767 I11 .12I 06/05/02 117 _ 181r1 19IGI 20I LJ u Remarks zil l l l l l Li. l l l l l l l l l l l l l l l I I I I I I L_L I I I l l l l l l l l l I 116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA ------------- ---Reserved-- ----- 671 169 701 I 71 I I 72I N I 73I I Lui 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Spruce Pine WTP 04:05 PM 06/05/02 06/04/01 200 Clearwater Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 04:25 PM 06/05/02 11/02/28 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Richard Canipe,PO Box 169 Sppruce Pine NC Contacted 28777//828-765-3000/8287653014 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Records/Reports Facility Site Review . Section D: Summary of Find in /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 Janet Cantwell ARO wQ//828-296-4500 Ext.4667/ Signature of Management Q AA Reviewer Agency/Office/Phone and Fax Numbers Date /ter.✓_.7'lea-!Li/�V � ��/�J EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type ` 3I NCO082767 I11 12I 06/05/02 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mr. Dave Cooley, Project Manager, stated that the facility does not discharge to surface waters and that the filter backwash water was being discharged to the Town of Spruce Pine's sewerage system and treated in the Town's wastewater treatment plant. Page # 2 Permit: NC0082767 Owner - Facility: Spruce Pine WrP Inspection Date: 05/02/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ .❑ ■ Cl Is the facility as described in the permit? ■' 11110 # Are there any special conditions for the permit? fl 0 ❑ Cl Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ . ❑ ❑ ❑ Comment: Mr. Dave Cooley, Project Manager, stated that the facility does not discharge to surface waters and that the filter backwash water was being discharged to the Town of Spruce Pine's sewerage system and treated in the Town's wastewater treatment plant. Page # 3