HomeMy WebLinkAboutNC0023761_Regional Office Historical File Pre 2018SOC PRIORITY PROJECT: Yes No X
To: Western NPDES Program Unit
Surface Water Protection Section
Attention: Dina Sprinkle
Date: April 7, 2010
NPDES STAFF REPORT AND RECOMMENDATION
County: Lincoln
Permit No. NCO023761
PART I - GENERAL INFORMATION F/
1. Facility and Address: National Fruit Product Company Inc.
288 White House Road
Lincolnton, North Carolina 28092
2. Date of Investigation: N/A
3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer II
4. Persons Contacted and Telephone Number: Mr. Tim Fredell, ORC; (704) 735-2531.
5. Directions to Site: From the junction of US Highway 321 and Highway 27/150 in
Lincolnton, travel north on North Business 321 approximately 2.90 miles to the junction
with White House Road (SR1558) on the left (west). Turn left on White House Road.
National Fruit Product Company is located at the end of this road, approximately 0.35 mile
west of the junction.
6. Discharge Point(s). List for all discharge points:
Latitude: 35' 30' 55" Longitude: 81' 14' 25"
Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on
map.
USGS Quad No.: E 14 SW USGS Name: Maiden, NC
7. Site size and expansion are consistent with application?
r
Yes X No_ If No, explain:
8. Topography (relationship to flood plain included): Relatively flat with slopes less than
2%. The lagoon does not appear to be in a flood plain.
t
9. Location of nearest dwelling: None within 500 feet.
10. Receiving stream or affected surface waters: Carpenter Creek
a. Classification: WS-IV
b. River Basin and Subbasin No.: Catawba and 03-08-35
C. Describe receiving stream features and pertinent downstream uses: The immediate
receiving stream is a dry ditch used as a conveyance channel to Carpenter Creek.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: Intermittent Discharge.
b. What is the current permitted capacity of the wastewater treatment facility? N/A
Intermittent Discharge.
C. Actual treatment capacity of the current facility (current design capacity)? N/A
Intermittent Discharge.
d. Date(s) and construction activities allowed by previous Authorizations to Construct
issued in the previous two years: None.
e. Please provide a description of existing or substantially constructed wastewater
treatment facilities: The existing treatment facility consists of an earthen holding
lagoon with an approximate holding capacity of 800,000 gallons.
f Please provide a description of proposed wastewater treatment facilities: N/A.
g. Possible toxic impacts to surface waters:
h. Pretreatment Program (POTWs only): N/A.
2. Residuals handling and utilization/disposal scheme: N/A
3. Treatment plant classification (attach completed rating sheet): Class I
4. SIC Code(s): 2037
Primary: 14, 78 Secondary: 73
Main Treatment Unit Code: 30000
41
4
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds or are any public monies
involved (municipals only)? N/A.
2. Special monitoring or limitations (including toxicity) requests: N/A.
3. Important SOC, JOB or Compliance Schedule dates: (please indicate) N/A.
4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options
available. Please provide regional perspective for each option evaluated. N/A
5. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility
that may impact water quality, air quality or groundwater? There are no known air
quality, groundwater, or hazardous materials concerns.
PART IV - EVALUATION AND RECOMMENDATIONS
National Fruit Product Company is applying for Permit renewal for the subject
facility. The holding lagoon is used for bottle wash water, stormwater and non -contact cooling
water.
Pending review and approval by the Western NPDES Program Unit, It is
recommended that the NPDES permit be renewed as requested.
Signature of Report freparer
Water Quality RegioA@ Supe6isor
Id
Ile)
Date
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 17, 2010
COLE GAMBLE
DIRECTOR OF QUALITY ASSURANCE
NATIONAL FRUIT PRODUCT CO INC
701 FAIRMONT AVENUE
WINCHESTER VA 22601
Dear Mr. Gamble:
Dee Freeman
Secretary
MAR 2 4 2010
Subject: Receipt of permit renewal application
NPDES Permit NCO023761
National Fruit Production Company
Lincoln County
The NPDES Unit received your permit renewal application on March 17, 2010. A member of the NPDES
Unit will review your application. They will contact you if additional information is required to complete your
permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit
expires.
If you have any additional questions concerning renewal of the subject permit, please contact James Mckay
at (919) 807-6404.
Sincerely,
�f
40a�L�
Dina Sprinkle
Point Source Branch
cc: CENTRAL FILES
/Surface Water Protection
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 919-807-6300 \ FAX: 919-807-64921 Customer Service:1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org �aturallt� An Equal Opportunity \ Affirmative Action Employer
NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number INCOO 23761
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
David Gum
National Fruit Product Co. Inc.
701 Fairmont Ave.
Winchester hq f-la L -
Virginia 22601 1 MAR 16 2010
(540) 662-3401 pE , _
(540) 723-8611 POINT SOURCE BRANCl
cgamble@nfpc.com
2. Location of facility producing discharge:
Check here if same as above ❑
Street Address or State Road
City
State / Zip Code
County
288 White House Rd
Lincolnton
North Carolina 28092
Lincoln
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 Tim Fredell
Mailing Address 701 Fairmont Ave
City Winchester
State / Zip Code Virginia 22601
Telephone Number (704) 735-2531
Fax Number (704) 732-1779
4. Ownership Status:
Federal ❑ State ❑ Private ❑ Public ❑
Page 1 of 4 C-MI 05/08
.
NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
5. Standard Industrial Classification (SIC) code(s): 2033
6. Number of employees: 50
7. Describe the treatment system List all installed waste treatment components with capacities,
describe the processes that generate wastewaters. If the space provided is not sufficient attach a
separate sheet of paper with the system description.
60,000 GPD capacity spray irrigation treatment system, fed by a 12.500 G capacity surge
tank, 300,000 G capacity storage tank, 2,000,000 G capacity lagoon, and dual 585 GPM
irrigation pumps. The facility has a six zone, 21.5 acre irrigation disposal area.
8. Is facility covered under federal effluent limitation guidelines? No ❑ Yes ❑
If yes, specify the category?
9. Principal product(s) produced: vitamin enhanced water
Principal raw material(s) consumed: water
Briefly describe the manufacturing process[es]:
Incoming city water is carbon filtered and processed by reverse osmosis. It is then vitamin fortified
and enhanced with natural flavoring, pasteurized, and bottled.
10. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or units of production over the last three uearsl
Product Produced or Raw Material
Consumed
AVERAGE
Product Produced or Raw Material
Consumed
PEAK
per Day
40,000 gallons
56,500
per Month
260,000 gallons
1,582,000
per Year
12,000,000
18,000,000
Page 2 of 4 C-MI 05/08
NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
11. Frequency of discharge: Continuous ❑ Intermittent ❑
If intermittent: Days per week discharge occurs: 5 Duration: 3.5 hours
12. Types of wastewater discharged to surface waters only
Discharge
Flow
GALLONS PER DAY
Sanitary - monthly average
1250
Utility water, etc. - monthly average
3000
Process water - monthly average
6000
Stormwater - monthly average
750
Other - monthly average
Explain:
Monthly Average
11000
total discharge (all types)
13. Number of separate discharge points: 6 Outfall Identification number(s) 1
14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including
latitude and longitude):
Carpenter Creek
15. Effluent Data
Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour
composite sampling shall be used. If multiple analyses are reported, report daily maximum and monthly average. If
only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
0
mg/1
Chemical Oxygen Demand (COD)
0
mg/1
Total Organic Carbon
10
3
mg/l
Total Suspended Solids
0
mg/1
Ammonia as N
0
mg/1
Temperature (Summer)
98
82
Deg F
Temperature (Winter)
32
40
Deg F
pH
7.6
7.1
Fecal Coliform (If sanitary waste is present)
Total Residual Chlorine (if chlorine is used)
16
12
ug/1
Page 3 of 4 C-MI 05/08
NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
16. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not opplicabler
Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program
Permit Number Type
NESHAPS (CAA)
Ocean Dumping (MPRSA)
NCO023761 Dredge or fill (Section 404 or
Other
Permit
Number
17. List any chemicals that may be discharged (Please list and explain source and potential
amounts.)
18. Is this facility located on Indian country? (check one)
Yes ❑ No ❑
19. 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 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 4 of 4 C-MI 05108
w ATTACHMENT A
41
'0
NATIONAL FRUIT PRODUCT COMPANY
SPRAY IRRIGATION SYSTEM ` cc, -V'lL Go
LINCOLN COUNTY ``�
PERMIT NO. W00003924
35.30' - -- ---t - - -
81' 15' 418 LINCOLNTON 1.7 MI. 1179 .480 11 340000 FEET 42'30"
GASTONIA 20 MI.
Latitude: 35°30'55"
Longitude: 81 °1425"
Receiving Stream: Carpenter Creek
Quad #: El4SW
Scream Class: WS-IV'
Subbasin: 30835
NCO023761
National Fruit
Product Company
FacilityNW
Location�I„k�T.'
�/pRTy
�y"�
SCALE 1:24000
Michael F. Easley. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek- P. E. Director
Division of Water Quality
DIVISION OF WATER QUALITY
Mr. David C. Gum
National Fruit Product Company
P.O. Box 2040
Winchester, North Carolina 22604-1240
Dear Mr. Gum:
July 20, 2005
Subject: NPDES Permit NCO023761
National Fruit Product Co.
Lincoln County
Our records indicate that NPDES Permit No. NCO023761 was issued on July 15, 2005 for
the discharge of wastewater to the surface waters of the State from your facility. The purpose of
this letter is to advise you of the importance of the Permit and the liabilities in the event of failure
to comply with the terms and conditions of the Permit. If you have not already done so, it is
suggested that you thoroughly read the Permit. Of particular importance is Page 4.
Page 4 set forth the effluent limitations and monitoring requirements for your discharge.
Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring
Requirements" describes the measurement frequencies, sample types and sampling locations.
Upon commencement of your discharge (or operation), you must initiate the required monitoring.
The monitoring results must be entered on reporting forms furnished or approved by this Agency.
For new permits/facilities, the Division may supply an initial small stock of these forms;
however, if you fail to receive the forms, please contact this Office as quickly as possible. The
forms, including directions for their completion, and other important information are also
available at http://h2o.enr.state.nc.us/NPDES/documents.html. It is imperative that all applicable
parts be completed, and the original and one copy be submitted as required.
Please be advised that an annual fee may be required for your facility; if so, you will
receive a statement from our Raleigh Office. It is imperative that the fee be paid in a timely
manner so as to prevent enforcement action or possible revocation of your permit.
The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The
o ` Carolina
NNaturally 11
N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service
1-877-623-6748
conditions include special reporting requirements in the event of noncompliance, bypasses,
treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater
treatment plant operator if you are operating wastewater treatment facilities. Any changes in
operation of wastewater treatment facilities, quantity and type of wastewater being treated or
discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or
approved by this Agency.
To maintain compliance with discharge limitations, proper operation and maintenance of
a wastewater treatment facility and the development of a process control program are essential.
For those facilities having chlorine tablet disinfection, please be advised that chlorine tablets
approved for wastewater treatment use must be used; swimming pool tablets are not approved.
.Also, be advised that DWQ staff need to have access to the facility's discharge point into the
receiving stream; please maintain a path along the outfall line to facilitate that access.
Failure to comply with the terms and conditions of an NPDES Permit subjects the
Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General
Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be
assessed for such violations. If you find at any time that you are unable to comply with the terms
and conditions of the Permit, you should contact this Office immediately. A Special Order by
Consent (SOC) may be necessary while pursuing action to obtain compliance.
As a final note, an NPDES Permit is normally issued for a five-year period. Permits are
not automatically renewed. Renewal requests must be submitted to this Agency no later than 180
days prior to expiration. Please make note of the expiration date of your Permit. This date is set
forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable.
If you, as the Permittee, cease to need this Permit, then you should request that the Division of
Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if
necessary.
As mentioned previously, the purpose of this letter is to advise you of the importance of
Your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in
Mooresville if you have any questions or need clarification. We look forward to providing any
assistance.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
A:\NPDESLTR.WQ-
�0F WAT�c�Q
_O. G
coo r
Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
O �C W. Klimek, P.E., Director
fh, OEPT. OF F.AI1A�t�lM vision of Water Quality
)1-r-10E
Mr. David C. Gum
National Fruit Product Company, Inc.
P.O. Box 2040
Winchester, Virginia 22604-1240
Dear Mr. Gum:
July 15, 2005
A.. i
I'
I
JUL 1 8 2005
�.
m 1 J)
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO023761
National Fruit Product Company
Lincoln County
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act, or any other
Federal or Local governmental permits which may be required.
If you have any questions or need additional information, please do not hesitate to contact
Maureen Crawford of my staff at (919) 733-5083, extension 538.
Sincerely,
AV- 4444; 4G r .
Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Central Files
NPDES Unit Files
Mooresville Regional Office
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719
VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES
Permit NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
National Fruit Product Company, Inc.
is hereby authorized to discharge wastewater from a facility located at
National Fruit Product Company
288 White House Road (NCSR 1558)
north of Lincolnton
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become effective August 1, 2005.
This permit and authorization to discharge shall expire at midnight on July 31, 2010.
Signed this day July 15, 2005.
r'
Alan W. Klimek, P.E.,6birector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0023761
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
National Fruit Product Company, Inc. is hereby authorized to:
1. Continue to operate an earthen holding basin for bottle wash water, stormwater, and non -contact
cooling water. This basin is located at the National Fruit Product Company plant at 288 White
House Road (NCSR 1558) north of Lincolnton in Lincoln County.
2. Discharge from the holding basin at the location specified on the attached map into Carpenter
Creek, classified WS-IV waters in the Catawba River Basin.
,v•
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.Y •• / �l i`--;� /^�\\ � yam\
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DISCHARGE
LOCATION
a 800
3.
ray 900
L 0 / �:: It
i � J i\ � \ r � ✓ \ � o
V,
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01
yliethef Ch
National Fruit Product Company, Inc.
County: Lincoln Stream Class: WS-IV
Receiving Stream: Carpenter Creek Sub -Basin: 030835
Latitude: 35° 30' 55" Grid/Quad: E14SW
Loneitude: 81° 14' 25"
Facility
Location '
(not to scale)
NORTH NPDES Permit No. NCO023761
Permit NCO023761
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on August 1, 2005 and lasting until expiration, the Permittee is authorized
to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
LIMITS
MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly
Daily
Measurement
Sample
Sample
Average
Maximum
Frequency
Type
Locations
Flow
Monthly
Instantaneous
Effluent
Total Residual Chlorine2
17 ug/L
Monthly
Grab
Effluent
Temperature (°C) 3
Monthly
Grab
Effluent
Upstream &
Downstream
p114
Monthly
Grab
Effluent
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 200 feet downstream
from the outfall.
2. The limit for total residual chlorine will take effect February 1, 2007 and applies only if chlorine is
added to the cooling water. Until then, the permittee shall monitor TRC (with no limit).
3. The temperature of the effluent shall not cause an increase in the temperature of the receiving
stream of more than 2.8°C. In no case shall the temperature of the effluent cause the temperature of
the receiving stream to exceed 32°C.
4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no chromium, zinc or copper added to the cooling water.
The Permittee shall obtain approval from the Division of Water Quality's Aquatic Toxicology Unit
(ATU) prior to the addition of any biocidal compound to the effluent discharged from outfall 002.
Approval for use of new compounds (not previously approved) must be submitted to the ATU at least
90 days in advance of any planned use of those compounds.
Concentrations of chromium, copper or zinc in the effluent shall not exceed applicable water quality
standards or action levels in the receiving stream.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
NPDES Permit Requirements
Page 1 of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Def nitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
B-ypass
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.
CalenDav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24.hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approval by the Director.
Version 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 Samj2le
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 612012003
NPDES Permit Requirements
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Monthly Average (concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
1 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 Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
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d. Any person who knorvin,gyl 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 against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each- day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment
[40 CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing' (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi:
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder
of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing; Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-
1 . The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"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. / 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 Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least daily, excluding weekends and holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
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b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permitter 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 theuse 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.
0) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Pern ittee
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 [40 CFR 122.41 (j)].
2. Repo_ rtine
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
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3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seg.), 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 Tamperine
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 122.411:
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;
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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
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 0)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alternation, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (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 122.410) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
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Twenty-four flour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Pemiittee 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 122.410) (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 0) (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
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not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by broth
[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed constriction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
p) 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 0 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permttee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
Version 612012003
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 (POTWs)
All POTWs must provide adequate notice to the Director of the following-
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from
industries using the municipal system may be present in the Permittee's discharge. At such time as
sufficient information becomes available to establish limitations for such pollutants, this permit may be
revised to specify effluent limitations for any or all of such other pollutants in accordance with best
practicable technology or water quality standards.
2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CM 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
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NPDES Permit Requirements
Page 14 of 16
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:
Sewer Use Ordinance (SUOI
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey (IWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5.).
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
Industrial User Pretreatment Permits (IUPi & Allocation Tables
In accordance with NCGS 143-215.1, the Permuttee 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.
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NPDES Permit Requirements
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6. Authorization to Construct (A to Cl
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.
POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan (ERPl
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. seg.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following.
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by the Division;
d.) Industrial Data Summary Forms DSF)
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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 Permittee's Division approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. _Funding; and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification_ to Pretreatment Prog>r, ams
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
SOC PRIORITY PROJECT: NO
To: Permits and Engineering Unit
Surface Water Protection
Attention: Maureen Crawford
Date: March 30, 2005
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Lincoln
NPDES Permit No.: NCO023761
MRO No.: 05-28
PART I - GENERAL INFORMATION
1. Facility and address: National Fruit Product Company Inc.
288 White House Road
Lincolnton, NC 28092
2. Date of investigation: March 4, 2005
3. Report prepared by: B. Dee Browder, Environ. Engr. I
4. Person contacted and telephone number: Larry Reep, ORC,
(704) 735-2531
5. Directions to site: From the intersection of the new Hwy 321 take the Business
321 toward Lincolnton. Travel approximately 1.2 miles. The
entrance to the facility will be on the right (north) side of the road.
6. Discharge point(s), List for all discharge points: -
Latitude: 350 30' 55"
Longitude: 81 ° 14' 25"
Attach a USGS Map Extract and indicate treatment plant site and discharge point
on map.
USGS Quad No.: E14SW Maiden, NC
Page Two
7. Site size and expansion area consistent with application: Yes.
8. Topography (relationship to flood plain included): The slopes range from 1-3%
and the site does not appear to be located in a flood plain.
9. Location of nearest dwelling: The closest off -site dwelling or building is
approximately 500 feet from the facility.
10. Receiving stream or affected surface waters: Carpenter Creek
a. Classification: WS-IV
b. River Basin and Subbasin No.: Catawba 03-08-35
C. Describe receiving stream features and pertinent downstream uses: The
receiving water is a 2-3 foot wide and 6 inches deep at the time of the site
visit. Downstream users are unknown.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of Wastewater: N/A (Design Capacity)
b. What is the current permitted capacity: N/A MGD
C. Actual treatment capacity of current facility (current design capacity): N/A
MGD
d. Dates and construction activities allowed by previous ATCs issued in the
previous two years: N/A
e. Description of existing or substantially constructed WWT facilities: The
facility consists an 800,000 gallon capacity holding lagoon.
f. Description of proposed WWT facilities: N/A
g. Possible toxic impacts to surface waters: N/A
h. Pretreatment program: N/A.
2. Residuals handling and utilization/disposal scheme: N/A
a. If residuals are being land applied specify DWQ Permit No. N/A
Residuals contractor: N/A
Telephone No.:N/A
b. Residuals stabilization: N/A
C. Landfill: N/A
Page Three
Treatment plant classification: Class 1
3. SIC Code(s): 2033 Wastewater Code(s): 01
4. MTU Code(s): 0054000
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with construction grant funds or are any public
monies involved (municipals only)? No
2. Special monitoring or limitations (including toxicity) requests: None at this time.
3. Important SOC/JOC or compliance schedule dates: N/A
Submission of plans and specifications
Begin construction
Complete construction
4. Alternative analysis evaluation
a. Spray irrigation: N/A '
b. Connect to regional sewer system: N/A
C. Subsurface: N/A
d. Other disposal options: N/A
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee is applying for renewal of the permit. The MRO recommends renewal of
the permit.
Signature of Report Preparer Date
D. Rex Gleason P.E. Date
Surface Water Protection Regional Supervisor
h:\dsr\dsr99\.dsr
(L Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment awl Natural Resources
Alan W. Klimek, P.E. Director
V Division of Water Quality
February 3, 2005
David C. Gum
National Fruit Product Co., Inc.
P.O. Boa 2040
Winchester, VA. 22604-1240
Subject: Receipt of permit renewal application
NPDES Permit NCO023761
Lincolnton, NC Plant
Lincoln County
Dear A& Gum:
The NPDES Unit received your permit renewal application on January 27, 2005. A member of the NPDES Unit will
review your application. They will contact you if additional information is required to complete your permit renewal. You
should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in
your existing permit will remain in effect until the permit is renewed (or the Division takes other action).
If you have any additional questions concering renewal of the subject permit, please contact me at (919) 733-5083,
extension 520.
cc: CENTRAL FILES
Mooresville Regional Office/Water Quality Section
NPDES Unit
Sincerely,
V
Carolyn Bryant
Point Source Branch
me Lc -"I.
Y)OF,r fi
FEB 0 4 2005
;Va&h roJi';a
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Pbone (919) 733-7015 Customer Service `/►/��
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
540-662-3401 FAX 540-665-4670 (Sales)
FAX 540-665-4671 (Other Depts.)
January 24, 2005
Mr. Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Weaver:
We are writing to request renewal of NPDES Permit NCO023761 for our
Lincolnton, North Carolina Plant. Please find enclosed the completed and signed
application form plus two copies of the application and this letter.
Please be advised that there have been no changes at the facility since the issuance
of the last Permit. The only operations conducted at the facility are the bottling of liquid
Gatorade and the manufacture of white distilled vinegar. There are no sludges or solids
generated during the operations or during wastewater disposal at the facility, therefore no
sludge management plan is necessary.
If you have any questions or need additional information, please do not hesitate to
contact us.
NA �AL FRUI PRODUCT COMPANY, INC.
avid C. Gum
Vice President - Manufacturing
cc: Frank Armstrong, IV
L. D. Shockley
MPPPNPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing
For manufacturing or commercial facilities with a discharge < 1 MGD
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
http://h2o.enr.state.nc.us/NPDES/
NPDES Permit Number INCOO 23761
Please print or type
1. Contact Information:
Facility Name
Owner Name
Street Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Operator Name
Street Address
City
State / Zip Code
County
Telephone Number
NATIONAL FRUIT PRODUCT CO., INC. - LINCOLNTON, NC PLANT
NATIONAL FRUIT PRODUCT COMPANY, INC.
P.O. BOX 2040
WINCHESTER
VA / 22604-1240
( 540 )662-3401
( 540 )665-4671
Dgum@nf
pc.com or ldshockley@nfpc.com
LARRY REEP c/o NATIONAL FRUIT PRODUCT COMPANY, INC.
288 WHITE HOUSE ROAD
LINCOLNTON
NC / 28092
LINCOLN
( 704) 735-2531
2. Location of facility producing discharge:
Check here if same as above F✓
Facility Name (If different from above)
Street Address or State Road
City
State / Zip Code
County
288 WHITE HOUSE ROAD
LINCOLNTON
NC / 28092
LINCOLN
3. Ownership Status:
Federal = State 0 Private FV Public
4. Standard Industrial Classification (SIC) code(s): 2033
S. Number of employees: 60
6. Principal product(s) Bottled Gatorade, Bulk White Distilled Vinegar
Principal raw material(s) consumed: Water, Sugar Syrup, Specially Denatured Alcohol
7. Principal process(es):BotUing, Vinegar Manufacturing
PPPPNPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing
For manufacturing or commercial facilities with a discharge < 1 MGD
8. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or units of aroduction)
Product Produced or Raw Material
Consumed
AVERAGE
Product Produced or Raw Material
Consumed
PEAK
per Day
58,000 GALLONS
62,420 GALLONS
per Month
1,684,000 GALLONS
1,811,050 GALLONS
per Year
20,184,000 GALLONS
21,732,600 GALLONS
9. Check here if discharge occurs all year , or circle the month(s) in which discharge
occurs:
January February
July August
March April
September October
Days per week discharge occurs: 7
May June
November December
NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes,
include a schematic diagram of wastewater flow at the facility.
10. 'lopes of wastewater discharged to surface waters only
Discharge per operating month
Flow
GALLONS PER OPERATING MONTH
Sanitary - monthly average
0
Utility water, etc. - monthly average
3,241,000
Process water - monthly average
0
Monthly Average
total discharge (all types)
3,241,000
11. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicablef
Type Permit Number
Type Permit Number
None
0 Non -Attainment
0 UIC
Ocean Dumping
0 NPDES
= Dredge/ Fill Permits
0 PSD
RCRA
0 NESHAPS
m OtherWQ0003924
NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing
For manufacturing or commercial facilities with a discharge < 1 MGD
12. Number of separate discharge points:_
13. Name of receiving stream(s) (Provide a map shouring the exact location of each outfall, including
latitude and longitude):
CARPENTER
14. Do you add any chemicals that may be discharged? (Please list and explain source and
potential amounts.)
NO
15. Is this facility located on Native American lands? (check one)
YES F-1 NO
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 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 $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section
1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both,
for a similar offense.)
ppppppp�
LINCOLNTON PLANT WATER FLOW SCHEMATIC
LINCOLN COUNTY
MI !MCIPAL WATER
SYSTEM
VINEGAR
MANUFACT[RING
IN -PLANT
STORAGE TANK
GATORADE
MANUFACTURING
ON -SITE
WELLS
RESTROOMS
PRODUCT I CLEAN-UP CLEAN-UP COOLING PRODUCT SANITARY
SEWER
TANK I PLANT PROCESS POND BOTTLING
TRUCK WASTEWATER
USTOMER SPRAY
IRRIGATION
CARPENTER
CREEK
WAREHOUSE
CUSTOMER
- _ _ �,.`-'-- � _�� i!� ",mil_ r,• � V _�, �^• �i � •• y`�
732'3CO"
4
J.
3932
� - '� (fir'; . l,< _ � ••� F: _
� / 1339
cFP
SOC
tu
0000
FEET O tQ
ell
„ fv�.�Nr� --�, % � z��• � . _ v � � 1, • r..�//(
_ orses /
4 0 A
3929 — \, 1 0
03
1 - 0 �K
�
I Bethel Ch , ``�^ r O �, S 1000, 007
s%t �' F-Kr► `')':. L1.��iwt= ..ate .yese rive. % ' i• 1' a '�. P
35e30' .t 11340 FEET s•'• "
1 2 30
47$ LINCOLNTON 1.7 Ml. 19 $� 2
81e 15, GAsTONIA 20 MI.
Latitude: 35°30'55"
NCO02 3 761
Facility
Longitude: 81°14'25"
Receiving Stream: Carpenter Creek +z� s.�..,...
Quad # E14SW National Fruit Location .;-.
Stream Class: WS-IV product Company
Subbasin:30835 NoR rH SCALE 1:24000
SOC PRIORITY PROJECT:
If Yes, SOC No.
Yes No X
To: Permits and Engineering Unit
Water Quality Section
Attention: Charles E. Weaver, Jr.
Date: March 7, 2000
NPDES STAFF REPORT AND RECOMMENDATION
County: Lincoln
Permit No. NCO023761
MRO No. 00-027
PART I - GENERAL INFORMATION
1. Facility and Address: National Fruit Product Company, Inc.
Post Office Box 2040
Winchester, Virginia 22604-1240
2. Date of Investigation: 03-7-00
3. Report_Prepared By: G. T. Chen
4. Persons Contacted and Telephone Number: Mr. Larry Reep, (704)
735-2531
5. Directions to Site: From the junction of US Highway 321 and
Highway 27/150 in Lincolnton, Lincoln County, travel north on
North Business US Highway 321 approximately 2.90 miles to the
junction with White House Road (SR 1558) on the left (west).
Turn left on White House Road. National Fruit Product Company
is located at the end of this road, approximately 0.35 mile
west of the junction.
6. Discharge Point(s). List for all discharge points:
Latitude: 35° 30' 55" Longitude: 810 14' 25"
Attach a U.S.G.S. map extract and indicate treatment facility
site and discharge point on map.
USGS Quad No.: E 14 SW USGS Name: Maiden, NC
7. Site size and expansion are consistent with application?
Yes X No If No, explain:
8. Topography (relationship to flood plain included): Relatively
flat with slopes less than 2%. The holding lagoon does not
appear to be in a flood plain.
9. Location of nearest dwelling: None within 500 feet.
10. Receiving stream or affected surface waters: Carpenter Creek
a. Classification: WS-IV
b. River Basin and Subbasin No.: Catawba and 03-08-35
C. Describe receiving stream features and pertinent
downstream uses: The immediate receiving stream appeared
to be a dry ditch which was being used as a conveyance
channel to Carpenter Creek. Downstream users are
unknown.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: MGD* (Ultimate
Design Capacity) *Intermittent Discharge
b. What is the current permitted capacity of the wastewater
treatment facility? N/A. Intermittent Discharge
C. Actual treatment capacity of the current facility
(current design capacity)? N/A. Intermittent Discharge
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: None.
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: The
existing treatment facility is an 800,000 gallon capacity
holding lagoon.
f. Please provide a description of proposed wastewater
treatment facilities: N/A.
g. Possible toxic impacts to surface waters: None.
h. Pretreatment Program (POTWs only): N/A.
NPDES Permit Staff Report
Version 10/92
Page 2
2. Residuals handling and utilization/disposal scheme: The
existing discharge consists of bottle washing water, non -
contact cooling water and rainwater. No solid waste is
generated from this facility.
a. If residuals are being land applied, please specify DWQ
Permit No.: N/A
Residuals Contractor: N/A
Telephone No.: N/A
b. Residuals stabilization: PSRP: N/A
RFRP: N/A
Other: N/A
C. Landfill: N/A
d. Other disposal/utilization scheme (specify): N/A
3. Treatment plant classification (attach completed rating
sheet): Class I plant (no rating change,no rating sheet
attached)
4. SIC Code(s): 2037
Wastewater Code(s) of actual wastewater, not particular
facilities, i.e., non -contact cooling water discharge from a
metal plating company would be 14, not 56.
Primary: 14, 78 Secondary: 73
Main Treatment Unit Code: 30000
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only)?
N/A.
2. Special monitoring or limitations (including toxicity)
requests: None.
3. Important SOC, JOC or Compliance Schedule dates: (please
indicate) N/A.
NPDES Permit Staff Report
Version 10/92
Page 3
4. Alternative Analysis Evaluation: Has the facility evaluated
all of the non -discharge options available. Please provide
regional perspective for each option evaluated. N/A.
Spray Irrigation: N/A
Connection to Regional Sewer System: N/A
Subsurface: N/A
Other Disposal Options: N/A
5. Air Quality and/or Groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality or groundwater? There are no known air quality,
groundwater, or hazardous materials concerns.
6. Other Special Items: None.
PART IV - EVALUATION AND RECOMMENDATIONS
It is recommended that the Permit be renewed as requested by
the applicant.
Signature of deport Preparer
Water Quality Regional Supervisor
Date
NPDES Permit Staff Report
Version 10/92
Page 4
32' 3011
3
d
- % 97 L
35° 30' 478 LINCOLNTON 1.7 Mi. .179 •480 11 340000 FEET 12'30"
811151 1 GASTONIA 20 M1.
too` Mapped, edited, and published by the Geological Survey
.b� Control by USGS and USC&GS MN
0� Topography by photogrammetric methods from aerial % GN
photographs taken 1966. Field checked 1970
OV "
Polyconic pro)ection. 1927 North American datum 3'
9 Mas 0•07
10,000-foot grid based on North Carolina coordinate system, 2 MILS
1000-meter Universal Transverse Mercator grid ticks,
zone 17, shown in blue
Fine red dashed lines indicate selected fence and field lines where UTM GRID AND 1970 MAGNETIC NORTH
generally visible on aerial photographs. This information is unchecked DECLINATION AT CENTER OF SHEET
I ienal naf dK�� 6APr7
76 !
- 1.iaco% LfO�lA�/
Ord 2--z8-da, 6�L
State of North Carolina
Department of Environment ��i/ •
and Natural Resources v
Division of Water Quality V
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NAT#mL I,I�CES
VMRovn1ENT, hj::ALM
February 7, 2000 A NATURAL'. R&%URCWA
Mr. David C. Gum FEB 10 2000
National Fruit Product Company, Inc.
P.O. Box 2040 Napo Of EYM?KITIAI MANA01"
Winchester, Virginia 22604-1240 uoluvl'ui: a AL
Ban
Subject: NPDES Permit Renewal Application
Permit NCO023761
Lincolnton plant
Lincoln County
Dear Mr. Gum:
The NPDES Unit received your permit renewal application on February 1, 2000. Thank
you for submitting this package.
The permit renewal for this facility will be assigned to a member of the NPDES Unit staff.
That staff member will contact you if further information is needed to complete the permit
renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has
lasted for over a year and is delaying all permit renewals. Our remaining permit writers are
currently reviewing Authorizations to Construct, speculative limit requests, major permit
modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety
of factors, including mandatory deadlines in the statutes which govern our program.
If this staff shortage delays reissuance of NC0023761, the existing requirements in your
permit will remain in effect until the permit is renewed (or the Division takes other action). We
appreciate your patience and understanding while we operate with a severely depleted staff. If you
have any additional questions concerning renewal of the subject permit, please contact me at
(919) 733-5083, extension 511.
Sincerely,
llmav
Charles H. Weaver, Jr.
NPDES Unit
cc:
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719
VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net
NATIONAL FRUIT PRODUCT COMPANY, INC.
P.O. Box 2040, Winchester, Virginia 22604-1240 L-1�0
540-662-3401 FAX 540-665-4670 (Sales)
FAX 540-665-4671 (Other Depts.)
January 27, 2000
Mr. Charles H. Weaver, Jr.
NC DEHNR/Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Weaver:
We are writing to request renewal of NPDES Permit NCO023761 for our
Lincolnton, North Carolina facility. Please find enclosed the completed and signed
application form.
Please be advised that the facility no longer processes apples. The bottling of
liquid Gatorade and the manufacturing of bulk white distilled vinegar are the only
manufacturing processes conducted at the facility. Please also be advised that there are
no sludges or solids generated during wastewater treatment at the facility; therefore, no
sludge management plan is necessary.
If you have any questions or need additional information, please do not hesitate to
contact us.
Sincerelyg
NATIONAL FRUIT P ODUCT COMPANY, INC.
A n
_ David C. Gum'
Vice President of Manufacturing
cc: Frank Armstrong, III
L. D. Shockley
NPDES PERMIT APPLICATION - SHORT FORM C
For maufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Forth Carolina NPDES Permit Number NC00 2 3 r? 6 1
Please print or type
1. Applicant and facility producing discharge
A. Name NA-TIDAJAL- ERWIT PROVOK41- e0MWJV , SAJC
B. Mailing address of applicant:
1. Street address SSO FA►P_MDA1T AUEAUE
2. City !A.�HE G'T.E 3. County —
4. State V A 5. Zip Code 2_2 601
C. Location of facility.
1. Street D 8 8 W t-t I T E HOV SF RD AD
2. City UI►1CO<1u7o1� 3. CountyL.!/VeDLy
4. State C 5. Zip Code ;Z $D !% 2
D. Telephone Number ( 70y1) 73 S— 2$3 /
E. Fax Number (r70cl) 173 w2=1 *7 '7 4
F. e-mail address
2. Standard Industrial Classification (SIC) code(s): ;Z O 3_ :3
3. Number of employees: Y ;z
4. Principal product(s) produced: ROT71ED 4A7-V_ZADE, 8111-k WHITE IJISTI L1.ZD V/Nr=4AP_
Principal raw material(s) consumed: WATER . S134A SCUP. SPECI AL-LY IDE NATufk6b AL.COHDL
5. Principal process(es): I3077L/A) La, tVINE- G,AR. MAjyVFAe7-VRI4)6.
6. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or units of nroductionl
Product Produced or Raw Material Consumed
Product Produced or R.a�� Materaal Consumed
AVERAGE
PEAK
per Day
$ "1)
per Month
ZOD p0�0 6ALI..ONS
! 5� z'SDa (aAl1-ONS
per Year
/ y q OD 00 D drA "ONS
� I
/8 990,000 4Aci-ouS
7. (a) Check here if discharge occurs all year V/ , or
(b) Circle the month(s) in which discharge occurs: January February March April
May June July August September October November December
(c) Days per week discharge occurs: S' TO 7 DAyS
NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram
of wastewater flow at the facility.
Page 1 of 2 Version ��
NPDES PERMIT APPLICATION - SHORT FORM C
For maufacturing or commercial facilities with a discharge <1 MGD (or WTPs)
8. Types of wastewater discharged to surface waters only (check as applicable).
Discharge per operating day
Flow
Volume treated before discharging
GALLONS PER OPERATING DAY)
(PERCENT)
Sanitary - daily average
Cooling water, etc. - daily average
Process water - daily average
Maximum per operating day for
total discharge (all types)
5/ R y o a
O
9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places
other than surface waters, record the amount(s) discharged below:
A. Municipal sewer system /� 23 O gpd 65A,V/ TR y W AsTr—J
B. Underground well gpd
C. Septic tank cod
D. Evaporation lagoon or pond gpd
E. Other, specify Z 2 , 6 ZO opd (PRDC k z WASH it1ATJ5Z -SPAAV
1AKIGAT )A0
10. Number of separate discharge points: 3 ' ONLY DRiE TO S U FAecr WATaf't.S,
11. Name of receiving stream(s): CAIQPEjVMF— QXr-E It
12. Does your discharge contain or is it possible for your discharge to contain one or more of the following
substances added as a result of your operations, activities, or processes? Circle all that apply:
aluminum
ammonia
beryllium
cadmium chromium chlorine (residual)
copper
cyanide
lead
mercury nickel oil and grease
phenols
selenium
zinc
None of the above
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.
DAV fm C. G, V AA N/ I C E PR ES I rc-t)Y n F M AmjFite -fU R I NG
Printed name of Person S*ning Title
,Signature of A
Date
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 imo!ementing that Article, or who fallsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both.
(18 U.S.C. Sect"cn 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.)
1
Page 2 of 2 Version --6-99
LINCOLNTON PLANT WATER FLOW SCHEMATIC
LINCOLN COUNTY
MUNICIPAL WATER
SYSTEM
VINEGAR
MANUFACTURING
IN -PLANT
STORAGE TANK
GATORADE
MANUFACTURING
ON -SITE
WELLS
RESTROOMS
PRODUCT I CLEAN-UP CLEAN-UP COOLING PRODUCT SANITARY
SEWER
TANK PLANT PROCESS POND BOTTLING
TRUCK WASTEWATER
USTOMER1 I SPRAY
IRRIGATION
CARPENTER
CREEK
WAREHOUSE
CUSTOMER
7-C-
T A PPL I C � T 10 N S T.1-% T U S
P.I.-O-ject Mame:
VC007-3Z11
IRO Nn. d27
Date Applicatic-:-. Recei--..-ed:
Completeness Of Application Package: Yes No
Date
of
Invest-.aation:63/ 0 7/
Date
SR
Submitted for Review:
information Requested
Date Person Telephone Info.
Rost. Contacted Rgst.
Other:
/j, f
Date
Recvd
--�t IQ
To: Permits and Engineering Unit
Water Quality Section
Date: June 10, 1991
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Lincoln
NPDES Permit No.: NC0023761
MRO No.: 91-115
PART I - GENERAL INFORMATION
1. Facility and Address: National Fruit Product Company, Inc.
Post Office Box 2040
Winchester, VA 22601-1240
2. Date of Investigation: June 6, 1991
3. Report Prepared By: W. Allen Hardy, Environmental Engineer I
4. Person Contacted and Telephone Number: Mark S. Burau, Asst.
Plant Manager
5. Directions to Site: Travel north on U.S. Hwy. 321 out of
Lincolnton. After crossing Carpenter Creek travel
approximately 0.1 mile and turn left on S.R. 1558. The
facility is located at the end of S.R. 1558 approximately 0.2
mile.
6. Discharge Point(s), List for all discharge Points: -
Latitude: 350 30' 55"
Longitude: 810 14' 25"
Attach a USGS Map Extract and indicate treatment plant site
and discharge point on map.
USGS Quad No.: E14SW
7. Size (land available for expansion and upgrading): There
appeared to be adequate land available for expansion and
upgrading.
8. Topography (relationship to flood plain included): The
topography was gently rolling with slopes less than 10%. The
facilities appear to be higher than the flood plain.
9. Location of Nearest Dwelling: The nearest dwelling appears to
be greater than 500 feet from the plant.
10. Receiving Stream or Affected Surface Waters: Carpenter Creek
a. Classification: C
b. River Basin and Subbasin No.: Catawba 03-08-35
Page Two
C. Describe receiving stream features and pertinent
downstream uses: The immediate receiving stream appeared
to be a dry ditch which was being used as a conveyance
channel to Carpenter Creek. Downstream uses are those
typical of Class C waters. There are no known discharges
within a reasonable distance downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of Wastewater: 0% Domestic
100% Industrial
a. Volume of Wastewater: * MGD (Design Capacity)
b. Types and quantities of industrial wastewater: * The
flow is dependent on production and the time of
year (i.e. apple season). The wastewater is produced
from the washing of bottles and from noncontact cooling
water used to cool pumps in the filtration of apple
juice. There are no additives used in the cooling water.
C. Prevalent toxic constituents in wastewater: N/A
d. Pretreatment Program (POTWs only): N/A
2. Production Rates (industrial discharges only) in Pounds: N/A
3. Description of Industrial Process (for industries only) and
Applicable CFR Part and Subpart: N/A
4. Type of Treatment (specify whether proposed or existing): The
only existing treatment consists of an approximate 800,000
gallon earthen holding basin.
5. Sludge Handling and Disposal Scheme: N/A
6. Treatment Plant Classification: Less than 5 points; no rating
(include rating sheet). Class I
7. SIC Code(s): 2037
Wastewater Code(s):
Primary: 24
Secondary:
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants
Funds (municipals only)? No
2. Special monitoring requests: No
3. Additional effluent limits requests: No
Page Three
4. Air Quality and/or Groundwater concerns or hazardous waste
utilized at this facility that may impact water quality, air
quality or groundwater? No air quality concerns are expected
from this project nor is hazardous waste utilized at this
facility. The groundwater section may have some concerns about
the earthen holding pond.
5. Other: No
PART IV - EVALUATION AND RECOMMENDATIONS
The applicant, National Fruit Product Company, Inc., has
requested the renewal of the permit which allows the discharge of
treated industrial wastewater. The discharge is presently going
into what appeared to be a dry ditch which is being used as a
conveyance channel to the receiving stream. There did not appear
to be any adverse effects to the conveyance channel or the
receiving stream as a result of the discharge.
A review of the past years monitoring revealed that there has
been no discharge to the receiving stream. The Company has stated
that evaporation is the reason that there is no discharge. This
leads this Office to believe that there may be some percolation
occurring either at the holding pond or once the discharge enters
the conveyance channel. The Groundwater Section may have some
concerns, however, there does not appear to be any constituents in
the wastewater that would warrant any major concerns (i.e.
-.,ncontact cooling water and steam cleaning with no additives).
It is recommended that the permit be renewed.
(�l0%9
Signature of Report Prep er Date
Water Quality Regiona Supervisor Da e
900
1 J
"' \vim ;-, '' ,I � �./ i --� r r �:• �� �� J �- ; �,
9?z
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� • •.�
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6 �� ' � fin\ , �-��- -�! � � �, � � •' 4—
�.:• O I �.,. 1 . -, . Chapel
r Rn,xrs 900
Ll jam.. {� 1.i- ,M�� vnylap pr gs
0 4JJ or9'
�e � f �
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61
IIt. hell•h �J j I� /�7 ..�; .. _� 0
� •� eat _ _ agp tur
478 N'' ;,.ron •v r r M 79 480 1 FEET 12'30" .,, �• y Mr
MI
,edited, and published by the Geological Survey 1 7
1 * 1000 200'
y USGS and USC&GS N'j-�"tnC. t MN 1000 0
by by photogrammetric methods from aerial cN 1 5
Ohs taken 1966. Field checked 1970 R( ()O 2.3 —�-��
F. 14 S U)
X 1
Y'')a / k Q �Ir p
-735Z531
State of North Carolina
Department of Environment, Health, and Natural Resources r �s
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Verlis E. Miller, VP -
National Fruit Product
PO Box 2040
Winchester, VA 22601-1
Dear Mr. Miller :
N. c. DErT of
N \IOr"RcFSA
r y} ►t�7,
Mfg. 2 1g91
Co;NW#[if c..
40
f REc��, ;�'"o31.UJ$,jr
George T. Everett, PhD.
Director
Subject: NPDES Permit Application
NPDES Permit No.NC0023761
National Fruit Product Company,
Lincoln County
This is to acknowledge receipt of the following documents on April 1, 1991:
Application Form
Engineering Proposal (for proposed control facilities),
Request for permit renewal,
Application Processing Fee of $200.00,
Other ,
The items checked below are needed before review can begin:
Application
Engineering
Application
Delegation
Form
proposal (see attachment),
Processing Fee of
f Authority (see attached)
Biocide Sheet (see attached)
Other
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to
Jule Shanklin
(919/733-5083) of our Permits Unit for review. IOU wili be a vise o any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this applications,
please contact the review person listed ab-ave_
CC: Mooresville Regional Office
Porludon Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportuniry Affirmative Artinn fmnln—
N . C. DEPT. OF NATURAL RESOURCES AND COW4UNITY DEV. Rifli
GENCY USf
ENVIRONMENTAL MANAGEMENT COMMISSION
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE WASTEWgTER 0/(4)0, % 330V
STANDARD FORM C -MANUFACTURING AND COMMERWL `$ "?e-p in
�a
SECTION 1. APPLICANT AND FACILITY DESCRIPTION
Unless otherwise speclfiw on this form all Items are to as CorrlpMted. It an Item b not applicable Indicate 'NA:
ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS IN`4i:i^V%0. REr+r<tti TO
BOOKLET BEFORE FILLING OUT THESE ITEMS.
Plesae Print or Type
t. (.dial Name of Applicant
1Bf
National Fruit Product Company, Inc
'
A' C.
(sea Instructions)
CQ-4gi`ZUtso OF SAT
PO Box 9 1 6 CITY Fa Es 4ZI)
2. aaalUnt Address of Applicant
Is" Instructions)
Number l Street
City
1t2a
1s2s
Lincolnton
North Carolina ` 99,
State
Zip code
7. APplicarit's Authorized Agent
Is" instructions)
Name and Title
tfta
1s"
16"
28092 pRf��fNVi,?�y
,._�� tNT
James C. Zombro, Jr. ,Manager- ethnical Dept.
p
National Fruit Product Company, Inc.
PO Box 2040
Number i Street Address
b
tsa►
Winchester
City
test
Virginia
sate
1424
22601
ZIP code
ts>.
T«epnone
I93f
.3 &L 6 6 2 - 3101
4. Precious Application
If a previous application for a
�t7�'
- - _
Area Number
Code
National or Federal discharge Per -
frill ties been made, give the data
of application, use numeric
85 5 12
k
assignation for date.
104
YR MO DAY ,b
I certify that I am familiar with the Information contained In this 8090 atlon and that to the best of my knowNdtp and belief such Inforfnatlon
is true, complete, and accurate.
Verlis E. Miller lttsa VP - Manufacturing
Printed Name of Person Signing Tttle
91 3 25
YR MO DAY
Toe+ ;
ilgnature om Appiicani or Auinorueo Aear, -- ..n:;. �pelmcatlon 64wiso
Carolina General Statute 143-215.6 (b) (2) provides that: Any person vho imps-ingly makes
z.-S�false stateme-nt rep resent Etion, or certLicat on in any application, record, report, pla: ,
or other doctmtemt files or required to be maintained tinder Article 21 or regulations of the
Envire—enti-I `4anegeme-mt Cate ission implementing that Article, or vbo falsifies, ttmpers with,
ar kn0w17 renders inaccurate —y recording or monitoring device or method required to be
operated cr mainteined u-der Article 21 or regulations of the Envi-,c=mzntal M=agement Commissiz:
imlementing that Article, shE11 be guilty of a taisdeme a*nor )aaishable by a fine not to exceed
S1C,0n-1, or by i prisonme_t not to exceed six months, or by both. (IS U.S.C. Section 1001 pro -i
a p=isr=ent by a fine of not rtcre than $10,n00 or itaprisota-sent wr rore then S year.-, +r both,
for a si-.:lar c:ferse.)
�. •edtity/Activity (tee Instructions)
awe the name, ownennto, and
pnyucal location of the Otani Or
OMer oparating facility whets MS.
cnarp(s) does or will occur.
Name
Or,nersnio (Public. Private Or
gosh Public and Private)
Check block If Federsl'fscillty
and give GSA InventorY contra
Number
( *cation
Street & Number
City
county
state
a. Nature of bus'—ss State trio
rSature of tha business conducted
Of the Otani or operating facility.
7. Facility Intake Water (sea Instruc•
dons) Indlcste Crater intake volume
per as, by source. Estimate
average volume Oar day In thousand
gallons Der day.
Munidpai or private water system
Surface water
Groundwatsr
Cline,
Total Item 7
.11 Men Is intake water from
-other,' apecitY the source.
a. PsaNlty water toes Estimate
average volume per day In thousand
gallom per day for the following
types of water usage at the fscllltY.
4sae Instructions)
NOncontsct cooling water
(;Wl.r toad water
1—oC sf wrTw (Inc1116ltq contact
:-CM1Re arr—
Sanitary wn�
Clher•
Tot ai ! ts*^
Tn,
National Fruit Product Co., Inc._ _
Lincoln Count North Carolina plant
_
1ftig ❑PUB 0epty ❑SPP
1s" ❑ FED
lases
-r+ tnlr" 116 el eCnar eeR :r.
-gamer,, W "!'Y
if there M Sanitary' water use, give
the number of Peoole servod.
Highway 321 North
1ad.1 Lincolnton
Lincoln — —
1 grgg
1�s1t
North Carolina
Manufacture of canned fruit productsr
IKa
fruit juices, isotonic drinks, bottled
1Ka AGENCY USE
O
Wis
tnousand gallons per day
197111
thousand gallons Per day
24. 5
thousand gallons per day
1117e
thousand gallons per day
107d
r O y
thousand gallons per day
10741
i
/07f 1
11111111111411 0. 5 t".0- fed gallons per day
spa 10 thousand "MMS per day
l ;n
I
I true tneS.sand gellOns her dry
lir/s ts►ptes.td Oatlona M say
Used in product
1 8 5 max .......a...d
1-2
FOR AGENCY USE
!. All Facility Discharges and ether
Louts; Number and Discharge (see
Instruct tons) Volume Specify tilt I I I I I I H
numper of discharge points end the
volume of water discnargeo or
ost from the facility according to
:Cho
leg ca1pories below. Estimate
Numtor of
Total Volume Used
average volume per day In thousand
Discharge
gallons per day.
Points
Thousand Gu/Day
o sand Gal/
1
0. 5
Surface Water
legal
tNh2
1
4
Sanitary wastewater transport
feast
{eat
system
Storm water transport system
#Meet
�lsea:
Combined unitary and storm
water transport system
rebel
IafQ
Surface Impoundment with no
effluent
teat
laws
Underground percolation
teefl
leaf.
Well Injection
14e11
sew
Waste occeptance firm
tonsil
*~
Evaporation
10011
4"12
Consumption
1e911
waz
40
other-
legal
44*a2
60
Facility discharges and volume
Total Item 9.
10711
' 014.5,
1"12
-If city. are discharges to 'Other.
Process wastewater spray irrigation system
P Y q Y
specify.
tegml
10. /.rmits. Licenses and Aeelicatlons
List all existing• pending or denied permits•
licanies and applications related
to discharges from this facility (bee Instructions).
Issuing Agency
For Agency Use
Type of permit
Of LlCense
I
ID Number
Date
Filed
VQ/MO/DA
Date
Issued
VR/MO/OA
Date
Denied
VR/MO/DA
Expiration
Date
VR/MO/OA
/e)
M1
Ic)
td)
tin
111
11r1
t1t1
(C DEM
NPDES
0K3761
86 5 7
86 9 29
1/9/30
C DEM
ischar
0 0392
90 7 31
5 12 3
11. Maws and Drawings
Attach all reduired maps and drawings to the Daclr of this appilcation.(sea instructions)
.. Additienai inrelmati.-
tt2 Item Numpe,
I-3
STANDARD FORM C — MANUFACTURING AND COMMERCIAL FOR AGENCY ui[
SECTION II. BASIC DISCHARGE DESCRIPTION
Complete this Section to, each d,scna•ge ma
systems in wn,tn the wastewater does not q
PC desc riOed cletc lnere are also o,Knarocs
REQUIRED EVEN IF SEVERAL OISCHA'�
Nntallve Of lne twelve previous months of C
ADDITIONAL INSTRUCTIONS FOR SELI
TO BOOKLET BEFORE FII LING OUT TF
1. Discharge Serial No. and Name
a. Discharge Serial No.
(see mstrtichons)
b. Discharge Name
Give name of dncnarge. it any.
(see Instructions)
C. Previews Discharge Serial No.
If previous permit sp Olicatlon
was made for inn Olscnarge wee
Item a, Section f). provide prey,
ous ascnarge serial number
2. Discharge Operating Dates
a. Discharge Began Date It Ire
d,scna-ge described oe,Ow s ,n
Ope-at,on. give the date (w•tn,n
best estrmatol the discharge
began
D. Discharge to Begin Date if Inc
dncna•ge net never occu•tec but
,s otanneo for some lutu,c date.
Clive the date lwoh-n Dest est..
mate) Ihe discharge will bCq•
c Discharge to Eno Date I, a,s-
charge ,s scnco-co In uc Cqcnn.
1-n vo wilnin Ins: ,felt � yews.
9-c the dale (w111nn bra es.
,hatc) tnc o.scnaroa -1. , -
3. Engineering Report Arallable
Cncc. 0 an engineering resort is
ava•lable to reviewing agency uoo.,
reOueit (see ,nslrucl,onij
• Discharge Location Name the
oof,f,ca+ Dounda"ill wrtn,n which
the point of discharge It IOCateC
State
County
(if sori,-Lowe) City o, tow..
S. Discharge Point Oescnot,on
Oncnn ore n into (cneck one
Mu nic ICA� Sa n.l A,Y ,'"a S 1 e-a:r'
Tiantou,t Syste^
k4un,c.pa, Co_,_ee, San u r a^c
$to,m T,ansdo,- Sy sae'*
,Gated ,
) thr Oy
to surf,
ICES C
peratlo
ECTEO
IESE IT
less
281II,
201c
202a
2020
202c
203
104
0SB
Me
n Section I, Item 9, that Is to surface water,. This Includes OrscnJrges to municipal sewe,agt
ih a treatment works Prior 10 swing discharged to surface walerL Discharge% to well, mull
ice water frurts Ih(s facility. SEPARATE DESCRI►TIOteS OF EACH DISCHARGE APE
ORIGINATE IN THE SAME FACILITY. Alt values to, an existing discharge %,,auto De reu,e
n. 11 this Is a proPaa•d d"harge, values should reflect best eflgineerin, estimates.
ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFEQ
EMS.
001
Qutf�ll from pond to Carpenter Creek
74 9
YQ MO
Yq MCA
Y w Mil
Ll
Agency Use
North Carolina
Lincoln
--- iMt
2eso STa
CLKE
❑UCE
OMTS
[]MCS
11-I
This secilars contains 9 Wfe,
DISCHARGE SERIAL. NUM9ER
Municipal Storm Water Transport
System
Weil (Injection)
Other
if 'other' is checked, specify
s. ofa01targe Point — Lat/LOng Give
the precim location of the point
of discharge to the nearest teCOnd.
Latitude
Longitude
7. oltelssr" Retelving Water Name
Name the waterway at the point
Of dlsCnarge.(wt Instructions)
It the discharge is through an oul-
fin that extends beyond the shore,
line Or is below the mean low
water ions, cornoiett Item S.
9. Offshore Discharge
a. DISChar" Distance from Shore
D. Discharge Depth Below, Water
Surface
9. Dlsohsrge Type and Occurrence
a. Type Of DiKharle Check
whether the discharge is con'
tlnuous or intermittent.
(We Instructions)
b. Discharga Occurrence Days per
weer Enter the average num
bar of days per weer (during
periods of ditCha19e) this CIS -
charge occurs.
C. Discharge Occurrence —Months
If this discharge normally
Operates (either intarmittently,
Or Continuously) On less then
a year -around basis (excluding
Shute Ow ns for routine mainte-
nance). check the rnOnths Our -
she the year when the discharge
is operating. (see Instructions)
A"Soliete Items 10 and 11 If "Inter-
♦Ittent" Is Ch"ked In Item 9.a.
)therwlM, VcCCOed t0 Item 12.
0. Intermittent Discharge Quantity
State the average volume per dIs-
Charge occurrence in thousand; of
gallons.
ihfarmrttenl Oncharge Ounlio,
and Ireeirency
a. Iwtarmitlant Discharge Ouralvon
per Day State the average
number Of hours per Coy Ins
discharge IS operating
b. intermittent Discharge
Frequency State the average
number Of discharge occur
.thus per Coy during Oa Ys
when discharging.
12. 1laxlmum View period Give the
time period in wnlcn Inc maximum
flow of this discharge occurs.
FO0 AGENCY USE
Q STS
QWEL
❑OTH
9111,111111
2048 35 DEC 3 0 MIN 5 5 SEC
:090 8 1 DEG 14 MIN 33 SEC
„76 Carpenter Creek
For Agency USA For A nev Use
Major Minor I Sub_J 303e
2070 I H7t
209afeet
2090 _ _feet
2090 ❑ Icon) Continuous
KN lint) intermittent
2999 1 days ar wCek (no discharge during past year)
209C zJAN ®FEB )aMAR ❑APR
❑MAV QJUN ❑JUL pjjAUG
$]SEP ®OCT ❑NOV MDEC
2141 0. 5 thousand gallons per discharge occunenct.
2IIa i =_noun pet per
2116 1 _o nc narge occurrence; per aav
212 I From l�� 10 Z-a r
month month
11-I
DISCHARGE SERIAL NUMBER
FOR AGENCY USE,
1 i. Aa+<IeIfY (ieetrlOUOn G1q a
narrative description of ac..ity I 13a I Noncontact cooling water used to cool
MOducing this Orscharge.lset
Instructions) _pumps used in filtration of apple juice.
ta. Activity Causing Oischarle For
each Sic Code which oescrloes
the activity causing this discharge.
WOOZY the type and maximum
amount of either the raw material
Consumed (item 144) of tht Or Cduct
Produced (Item tao) In the until
SPOW1ed 1n Taole I of the tnstruc.
lion Booklet. For SIC Codes not
Inked 1n I dote 1. use few material
Of production units normally used
for measuring Oroductlon•(see
Instructions)
a. Raw Matersaii
!1M
SIC Code Mamunftred Discharges
Name a......xi._...�,_m .. UShared tiKs
1
z
--
•--- __ __ - I saanal risumaerl
' 19
tons
2033
apples
410
Maximum t narap O.Knaroat
------ ... - r AfhountirDay fie* Tao�a lief yl Numoe"
nr - --
11-3
DISCt4ANr:f SFARIAt NUMItrR
tsO,t AGENGY VSE
�1
1
tS, waste Abate -Grit
ESEPAR
separate
drainage systems
a. Wape Abatement PraCticts
pescnbe Inc waste abatement
Its& N„r,tive. _.�---- -
cooling
water, , P locess
practices Ufao on tnls discharge
for noncontact
will, a brief narrative. (see
lnttructlons)
—
_wastewater,
and sanitary sewage.
ESEPAR
(2)
p. Waste Abatansent Codes
2tse (11
461
tAing the codes fisted In Table
(6)
(5) _
11 of the Instruction Booklet.
describe the waste abatement
(' ) -
(8)
'
(9)
procrsses for this descnartle In
(12)
the order to WMcn Utey occur
(10)
'
If possible.
4151
1131
'
(161
(17)
(lY)
(20)
(21)
1221
(23)
(2a1
(25)
11-4
DISCHARGE SERIAL NUMBER
16. Wastewater Charactertstla
I
1 FOR A4[NCY lift
1
CheC4 the box bet+de aeCn COnItltUent wnlCn 11 pr"Ont In in* effluent ((StaCharp water). This Determination Is to be tseaed On actual analysis
of best eatimate.(see Instructions)
Parameter
y`(
Parameter
21b
i
!3;
ti
COIOT
Cooppper
00080
01042
Ammonia
Iron
00610
01045
Organic nitrogen
Lead
00605
01051
Nitrate
Magnesium
00620
00927
Nitrite
Martp nes
00615
01055
Phosphorus
Mercury
00665
71900
Sulfate
Molybdenum
0094c
01062
Sulfide
Nickel
00745
01067
Sulfite
Selenium
0074C,
01147
Bromide
SOVer
71870
01077
Chloride
Potassium
00940
00937
Cyanide
Sodium
00720
00929
fluoride
Thawurn
00951
01059
Aluminum
Titanium
0110'
01152
Antimony
Tin
01097
01102
Arsenic
Zinr
01002
01092
BeryUium
Aigicdes•
01012
74051
Bxium
Chlorinated arpruc compounds•
010U7
74052
Boron
Pesticides*
14053
Cadmium
Oil and peas
01027
OOSSO
CLICIII m
Phenols
D0916
32730
38260
Chionne
50060
rea colsform oac:e.--. Ridroact, tit—
'4_ 7a05C i
'Spe;lty substances, compoursos and/or ewneots in item 20.
Pisticdes (Insecticides. furipmei and rooenuodes) muu tx reported in terms of the aceeotaoie common
names speafied in Accepr4tue Common Names and C71emica! Name, for tAe /R�nednnr Surentrnr on
Pe:ricdeLabeLs, 2nd Edition, Environmental Protection Agency,
re,Quued by Subsection I62.7(b) of the Regulation for the EnforWatltut=ton, D.C. 2025isl . June i, 0M asns19
Fungicide, and Rodenueade Act, cement of the Federal u
II-5
04SCHARGE SERIAL MUMINER
FOR ApEMCV USE
17. cW&CAP11011 of Wake 80%4 OMCrarva
for Seer of tra pararrpbrt IM OC Dal drr, enter In the apprOprlata boa Me •a4w Or OOOa Ntt ar anar.ar CJI ME 1pr,(w InR ruttlont)
rs If
ail
value, fD, arty a, Me fodlow,mg
In •o01t1 ,n, •nta+ . SI Mourn, s Hama ■er lI�m. �dmlum,+ ChrOMIUM. 00MO , I�aG, memmrY n�a M, SW"ium,�nc, ppMnd/. O11 and G "%t.
trn mOnla, cYanlO a. alu minU m, arMnK. beryllium.
and MIOrIM (rmbdual). --
influent
Effluent
�r
.0. - $ F zt o
ratametrr and cane � o $ � a
c g$ E. 2I R
(I) (2) (3) (4) (S) (6) (7) 'KI
Flow'
G`°OM pet day500
0005 6
pH
Uniu 00400ttuTaapetat
0500,
(winter)
F
74028
Tampaauut (summer)
aF
�6
74027
fbdMmiml Oxyrn DW=nd
(SOD $-day)
ame
00310
Gbemical Oxygen Denund (COD)
W
00340
Taea1 5a>tgaeded (noaflltterable)
solid i
00530
SpKffk Conductance
t:tiaomhotictn at 25' C
00095
ssttmab c blattu (residue)
tal/1
00S4s
''rJtSlcr ammanrrl Snaring nuhe (low (fenw numD en-11 se u1structocu)
0 800 1/30
� I
I
1
(. 5 '7, %3 0
6 '�?' /3 0'
70 1 g6 1 %30 1;4-16
4E rk0M
P0APL pv��Al� PAS Ycf��Z
Dr6
DISCHARGE SERIAL NUMBER
17. (Cont'd.)
Parameter and Code
074
rOR i
OCP*CY USE
)nnuent
Effluent
w r
71p
_
s
E P
ZOWO
U.<
Z<
w
v.
(1)
(2)
(3)
(S)
(6)
(7)
(8)
I
i
I
Is. ►lanf controls CheCl[ If the fol. all
lowing plant controls are fva14019
for this discharge.
Altarnate Dower source for major 1"t P
Dump, n9 1ac,111y, lJ A
Ajarm or emergency Droeecure for
power Or G ALM
eoulpment la�lure
COmplete Item 19 If discharge It
from cooling and/or steam water
WnWation and water treatment
additr.es are uses
19. Water Treatment Additi.es If the
d lsc har ee Is treated with any COT
dI110M1, Inhibitor, or alglclde,
anawef the following;
IL Name of Material(s) altla
b. Name and address or man,.
faCturer
?uant'ly tDourtcs edoea w [Able
million un eaol Or watts tree teal ) I
11.7
OISCMARGE SERIAL NUMBER
FOR AGENCY USE
d. Chem K.al composition of these �311NI
addltives two Instructional. 111
Cornpiete Items 20-2S If tows Is a thermal dlscharee
(e.g., associated with a stasm and/or Power Mnefatlon
014n1, steel mill, petroisurh refinary, or any other
nanufacturing proca,") and tha total okicnarge flow Is
10 rn Yllon Gallons per dry or more. (see Instructions)
It0. Thermal Osactsarge Source Check
the appropriate Itom(s) Indicating
the source Of the discharge. (see
Iftet ru c t l O ns )
Doilw Slowdown
Bolter Chemical Cleaning
Ash Pond OVeffl Ow
Dollar Water Treatment — Era Pots'
for Slowdown
Oil or Coal Fired Rants — Effluent
from Air pollution Control Devices
Condense Cooling Water
Cooiing Tower BIOwdOwn
Manufacturing Pf Ocess
Ot hw
11. Cischar"/Rooelving Water Tempor-
Stunt OlMerence
Give the maximum temperature
difference between the discharge
and receiving water[ for summer
and winter Operating cOndltlons.
(see Instructions)
Summer
Winter
22. C scltarge TsmPeralure, Ra Ls of
Ckanp Per Nour
OIYe ten maximum 00"101e rate Of
temperature change Per noun Of
d Hcharge unow OOefating Con-
dltlont. (pee IrstrucUont)
11. Water Temperature, hrcentlls
Report (Free Ya RCY of Occurrence)
In the table below, enter the
temperature which Is exceeded lox
Of ten year, SX of the year, 1% of
Vse year and not at all (maximum
peary tempenture). (see Instructions)
Frequency of occurrence
a, intake water Temperature
(Sublect to natural changes)
R Olacharge Water Temperature
wetor Intact. VOSMITY
(asks mir"uctiont)
a, lace Vian TURe Olw the lenetn Of
tune, in minutes. from Il Of
wetw ternperature rile to discharge
cf co0iing water. (aM Instructlont!
❑ .Leo
pecCL
[]APOF
EPSO
0OCFP
❑Coro
p CTeo
0MFPR
❑ OTMR
221 a I of
2210 OF.
2"
OF./hour
10%sx
1% Maximum
OF
OF
eF eF
OF
of
dF dF
i fte tentM<
U-8
b7SCMARGE SERIAL NUMBER
FOR AGENCY USE
26. AAO,tional Information
224 Rem I InIO ma hun
/Olt AGENCY USE
STANDARD FORM C — MANUFACTURING AND COMMERCIAL
SECTION M. WASTE ABATEMENT REQUIREMENTS & IMPLEMENTATION (CONSTRUCTION) SCHEDULE
This section reoulrss Information on any uncomoleted lrnplemattatlon echeGuis which may Itari been Imoos,ed for Coltstructlon of watts abet• MGM facilities, Such repuirament3 and Irnpiementation schetluin may bare peen estapHshetl by local. State, or Federal atlurw" or by court
IF YOiOrLU
In addition E T T plSEVting the following Items, a Copy of an oHICLI imOlementatlon schedule should Oe attached to this application.
1F VOU ARE SUILECT TO SEVERAL DIFFERENT IMPLEMENTATION SCHEDULES, EITHER BECAUSE OF DIFFERENT LEVELS OF
AUTHORITY IMPOSING DIFFERENT SCHEOULES (Item la.) AND/OR STAGED CONSTRUCTION OF SEPARATE OPERATION UNITS
(Item 30. SUBMIT A SEPARATE SECTION III FOR EACH ONE.
FOR AGENCY USE
t. Improvements,. �B
a. OYawar" Serial Nuinptr
A NtRW LYt the tllscnsrpe �• -
aerial numbers, assigned In
Section 11, Mat are cowed by
Mks Implementation schaduie.
b. Autherlty imPeaing 1tNulre-
sllenta Check the appropriate
Item Indicating this authority for
Implementation schtduls. H
Me identical Implementation
aCheduie has been ordered by
more than One aUt"rity, Check
the appropriate Items. (see
Instructions)
Locally oevalopoa plsn
Areawlde Pun
Basic Plan
State sooroveO implementa-
tion scneduit
Federal approved water
Quality standards Implements
tlon pan.
Federal enforcement pros so
urt Or action
State court Order
Federal court Order
C. Facility Rsaulrement. Speclfy
the .3-cnaracter Code Of those
Itsttd below that best oescrloes
in general terms tee require
ment of the impiementatlon
schedule and the applicable sIY-
ChafKbef apatement coat(s)
from Tools 11 of the instruction
bO"Itt. If more than one
sCheduie apo/las to the facility
WCause of a staged ConstruCtlOn
scr-wwfa, state the stage of con-
eructlOn being described hole
ee1M the appropriate "nasal
action COOe_ Submit a separate
Section III for each stage of
CbnstrUCtlOn planned.
ku ❑LOC
❑ARE
(DBAS
❑SGS
OENF
❑CAT
[-)FED
J 3-character
(go nera l �
3016
3614 FCharacter
(specific)
(we Table n )
NEw
aaodfiication Ina incrvaw in capeClty Or treatment)
MOO
lncrease In Capacity
INC
increase in Treatment L.e•el
INT
Both increase in Treatment Lr tl and Caoacur
ICT
rhocless Cnarpe
PRO
ElirhlnatiOn Of Discharge ELI
This aeC(ion :on4ins 2 peHa.
FO0 AO[MCv vsC
1
s. Irryrmewtatlen geslaeule and a. Astir COfv etlen Dabs
Prowide dates Imposed DY Schedule and any actual dates Of cOrnpletlon for Implamentatlon Reps Naiad below.
Indicate dates u accurately as PCOSIO e.. (See Instructions)
:. fcnaduM (Vrfrto./D+t�) a. Actual comoletlen cvr./fytd./O,r,
Implementation Stet%
� J-
a pftMlminary plan complete
J_
p. FINI plan ypmtsalon
C Final plan complete
..L` •.
al. Financing complete i contnWt alvareed
a fib acctuIred
-i
f. Mgln actlOn (age. CO—ruictlon)End
it"
action Con"ructlon)
yam,
H. OsacftaT japan
I. QperatlOnal level attalneo
IIe -- r.r c al!--
I�
N. C. DEPARTMENT OF NATURAL. RESOURCES & COKmUNITY DEVEiop,r z-
ENVIRONYEN?A.L MANAGE?-= COKKISSION
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE
ADDITIONAL REQUIRED INFORMATION
APPLICATION NUMBER
DISCHARGE SERIAL NUMBER
REFER TO DIRECTIONS ON REVERSE SIDE BEFORE ATTEMPTING TO COMPLETE THIS FORM
Parameter?
(Code)C<
9 S<
Y '�'
w —
u
3<
.—'
A w
u
a
E
E u
> i
E_
7
S>
O
ff
�<
_
c
Z<
r
r
(3)
N1
t3)
t6)
(7)
(8?
REMARKS.
1 t@rtlfy that i am familiar with tha lnfO mlltlOn Contained In this Moort and that to the
Wet Of my knpwlodgf and What Such IRfOrmAtlOn it true, COrnpiata &md accurate.
y
Oste corm :.om pier lIlame of Authoruec Ave—
Dimcnons —For each parameter listed, complete the
information requested in each column in the units specified #MC Fo
according to the instructions given below.
Column L—Enter the daily average value of the intake
water at the point it enters the facility. if intake water is
ftom more than one source, and enters the facility at
separate entry points, the value given in column 1 should be
weighted proportional to the quantity of flow contributed
ftom each source. If water is treated before use, completion
of this column is not required (see instructions for column
2). Values of intake are not required for mining activities.
Column 2.—If all or part of intake water is treated before
use, provide values for total intake here instead of in
Column I. Also describe briefly in item 26 "additional
information," the type of treatment performed on intake
water (e.g., rapid sand filtration, coagulation, flocculation,
ion exchange, etc.) and the percent of intake water
contributing to this discharge that has been treated.
Column 3.—Supply daily average value for the days when
discharge is actually operating or is expected to be operat-
ing (a new discharge). Daily average values are to be com-
puted by weighting the daily value in proportion to the daily
flow. If a discharge occurs irregularly, the value supplied
in the column marked "Daily Average" should represent
he
an average for the average for the days tSupplied
actually
for pH,
occurs. Average values are not to be
specific conductance, and bacteriological parameters (e.g.,
eoliform bacteria).
Columns 4 and S. —Supply minimum and maximum value
observed (or expected for new discharge) over any one day
when the discharge is operating
Column 6. —Specify the average frequency of analysis for
each parameter as number analyses per number of days (e.g.,
"3/7" is equivalent to three analyses When analyses va 7
days). If continuous, enter "CONT...
conducted on more than one individual grab sample col-
lected during the same day, the analysis frequency should
reflect one analysts emeasurements. Averagefrequency
whoselue is the
e of the
individual grab sample
should be based on an operating month.
Column 7.—Specify the number of analyses performed at
the average frequency specified in column 6, up to 365.
Column 8.—Specify Sample type as follows:
G For grab Sample (individual sample collected in less
than 15 minutes).
r composite Sample "#" is to be replaced 1-Y '
average number of hours over which the c•�r. ,
ample was collected. Composite Samples J`
binations of individual samples obtained at init
over a time period. Either the volume of cacr• w
dMdual ample is directly proportional to disci.,"..'
flow rates or the sampling interval (for con,tai-[-
volume Samples) is inversely proportional tv t;
flow rates over the time period used to pri>du, .
composite.
NA If "CONT' was entered in column 6.
Analytical methods. —Appendix A contains all paran't•tr!,
with their reporting levels, test descriptions, and referen
The parameter values can be determined either by use of
of the standard analytical methods as described in table A
by methods previously approved by the EPA
Administrator or Director of a federally APr1--cj
program (or their authorized representative.► whi
jurisdiction over the State in which the discharg: ---
the test used is not one shown in table A. the test nnt- °tar
Mould be referenced in "Remarks" or on a separatr <I
values are determined to be less than the detectablc hoW
determined by referenced standard analytical
and/or instrument manufacturer's literature). spc,•ti)
(value of detectable limit)" in the appropnate I-paX `
example, if the detectable limit is .005 mg/1 and qu,��ttrtr
of less than this are determined, specify "LT .005." 1)(1 "'`
enter descriptors such s.s "NIL," —TRACE,- "NE(;,'
for this purpose. if it is your reasoned judgement that tmc
more of the required parameted is not present in the initra
untreated or treated process water and/or the disctrat�-,
enter an "A" (meaning "absent") in the appropriate Sp k. i
In order for values reported to be rep
recommended that they be based /` n r fromltcable) least Erch I
seven analyses of composite camp ( pp och c
the composite samples should be obtained by comp
frequent samples in proportion to flow nod of in mpaximu
day. Samples should be taken during Pe
production, if possible. If Samples are taken at periods
less than maximum production, state in "Remarks' tl
percent of maximum production that was obtained duri
the sampling period,
cro ass
�DC.4-F/ c)V MAP `
7
32' 30"
76
3932
i,
•..11339
MditndreE. -�. _ 938 r L/�`�`,• �� / ���' l V�
900
3931 1 �c� _11r
FOR ; ��; %:i I ✓.•� ��� ��,� }
COOLING -�/(1 \
DISCHARGES
65000 I ~ ° , \�/ ter. 1/ - 1• / %//�' `t;
3S' 30' SS" FEET 1338
= ins �.• / �( La�ke' i 00 '.
31
919
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s� State of North Carolina anfroain Mum`aEq�g��
Department of Environment, Health and Natural Res a% XWM AM
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Verlis E. Miller
PO Box 916
Lincolnton, NC 28092
Dear Mr. Miller:
George T. Everett, Ph.D
Director
December 2, 1991
Subject: NPDES Permit No. NCO023761
National Fruit Product Co., Inc.
Lincoln County
In accordance with your application for discharge permit received on April 1, 1991, we are
forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement
between North Carolina and the US Environmental Protection agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611
-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, EA. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit
that may be required.
If you have any questions concerning this permit, please contact Mr. Jule Shanklin at
telephone number 919n33-5083.
Sincerely,
Original signed by
Dale Overcash for
George T. Everett
cc: Mr. Jim Patrick, EPA
e
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affinnative Action Employer
Permit No. NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOU8qp%,,
DIVISION OF ENVIRONMENTAL MANAGEMENT ArsOURCEBNA��t'
COMMUI'ITy DE MEN
PERMIT
TO DISCHARGE WASTEWATER UNDER THE DEC 4 1991
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYEF [(ERONHENru"GORsprp�
REGIONAL pff�
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,
National Fruit Product Company, Inc.
is hereby authorized to discharge wastewater from a facility located at
National Fruit Product Company, Inc.
US Highway 321
north of Lincolnton
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective January 1, 1992
This permit and the authorization to discharge shall expire at midnight on July 31, 1995
Signed this day December 2, 1991
Origfnal signed by
Dale Overcash for
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NC0023761
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Inc.
is hereby authorized to:
1. Continue to operate an approximately 800,000 gallon earthen holding basin located at National
Fruit Product Company, Inc., US Highway 321, north of Lincolnton, Lincoln County (See
Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Carpenter
Creek which is classified Class C waters in the Catawba River Basin.
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E VJ
A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO023761
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Discharge Limitatlons Monitoring Requirements
bs a Units (specify) Measurement
Sample
*Sample
Mon. Avg. Daily Max Mon, Avg, Daily Max. Frequency
Type
Location
Flow
Monthly
Instantaneous
E
Temperature
' Monthly
Grab
E, U, D
Total Residual Chlorine'
Monthly
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8 degrees
C and in no case cause the ambient water temperature to exceed 32 degrees C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health
and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such month. It is therefore, an arithmetic mean found by adding the
weights of the pollutant found each day of the month and then dividing this sum by the
number of days the tests were reported. The limitation is identified as "Monthly
Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar week (Sunday - Saturday) on which daily
discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such week. It is, therefore, an arithmetic mean found
by adding the weights of pollutants found each day of the week and then dividing this
sum by the number of days the tests were reported. This limitation is identified as
"Weekly Average" in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged
during a calendar day. If only one sample is taken during any calendar day the weight
of pollutant calculated from it is the "maximum daily discharge." This limitation is
identified as 'Daily Maximum," in Part I of the permit.
Part II
Page 2 of 14
d. The "average annual discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar year on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such year. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as "Annual Average"
in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
month on which daily discharges are sampled and measured, divided by the number of
daily discharges sampled and/or measured during such month (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average
monthly count for fecal coliform bacteria is the geometric mean of the counts for
samples collected during a calendar month. This limitation is identified as "Monthly
Average" under "Other Units" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
week (Sunday/Saturday) on which daily discharges are sampled and measured divided
by the number of daily discharges sampled and/or measured during such week
(arithmetic mean of the daily concentration values). The daily concentration value is
equal to the concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that
calendar day. The average weekly count for fecal coliform bacteria is the geometric
mean of the counts for samples collected during a calendar week. This limitation is
identified as "Weekly Average" under "Other Units" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during
a calendar day. If only one sample is taken during any calendar day the concentration
of pollutant calculated from it is the "Maximum Daily Concentration". It is identified
as 'Daily Maximum" under "Other Units" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
year on which daily discharges are sampled and measured divided by the number of
daily discharges sampled and/or measured during such year (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day . The average
yearly count for fecal coliform bacteria is the geometric mean of the counts for samples
collected during a calendar year.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable
amount of dissolved oxygen required to be available in the effluent prior to discharge
averaged over a calendar day. If only one dissolved oxygen sample is taken over a
calendar day, the sample is considered to be the "daily average concentration" for the
discharge. It is identified as "daily average" in the text of Part I.
Part H
Page 3 of 14
The "quarterly average concentration" is the average of all samples taken over a
calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I
of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of
sampling, when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility
which occurs continually without interruption throughout the operating hours of the
facility. Flow shall be monitored continually except for the infrequent times when
there may be no flow or for infrequent maintenance activities on the flow device.
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing
the sampling point. Flow measurement between sample intervals shall be
determined by use of a flow recorder and totalizer, and the present gallon interval
between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional
to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be
no greater than once per hour, and the time interval between effluent grab samples shall
be no greater than once per hour except at wastewater treatment systems having a
detention time of greater than 24 hours. In such cases, effluent grab samples may be
collected at time intervals evenly spaced over the 24 hour period which are equal in
number of hours to the detention time of the system in number of days. However, in
no case may the time interval between effluent grab samples be greater than six (6)
hours nor the number of samples less than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
Part II
Page 4 of 14
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the
product of the individual values where N is equal to the number of individual values.
The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms
of the individual values. For purposes of calculating the geometric mean, values of
zero (0) shall be considered to be one (1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective
flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that
reasonably represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
SECTION B. GENERAL CONDITIONS
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for
sewage sludge use or disposal established under section 405(d) of the Clean Water Act
within the time provided in the regulations that establish these standards or
prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation.
Any person who negligently violates any permit condition is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than
1 year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. Also, any person who violates a permit condition may be
assessed an administrative penalty not to exceed $10,000 per violation with the
maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
U.S.C. 1319 and 40 CFR 122.41 (a)]
Part 11
Page 5 of 14
c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North
Carolina General Statutes § 143-215.6 (a)]
2. Duly to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, CA.) 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.
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby.
Part II
Page 6 of 14
• ' • �- • •�
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit.
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
such information, forms, and fees as are required by the agency authorized to issue permits
no later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge that does not have a permit
after the expiration and has not requested renewal at least 180 days prior to expiration, will
subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33
USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager, operator of a well or well field, superintendent, a position of
Part II
Page 7 of 14
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause.The filing of a
request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
13. Permit Modification. Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 21-1.0100; and North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
The exclusive authority to operate this facility arises under this permit. The authority to
operate the facility under previously issued permits bearing this number is no longer
effective. The conditions, requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination System govern discharges
from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge (ORC) of the
wastewater treatment facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the wastewater treatment
facilities. The permittee shall notify the Division's Operator Training and Certification Unit
within thirty days of any change in the ORC status.
Part II
Page 8 of 14
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) 'Bypass" means the known diversion of waste streams from any portion of a
treatment facility including the collection system, which is not a designed or
established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of
this section.
c . Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II, E. 6. of this permit. (24-hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
Part II
Page 9 of 14
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(a) An upset occurred and that the pemuttee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part II, B. 2. of
this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Part II
Page 10 of 14
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be 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 disposal of sludge
may be reopened and modified, or revoked and reissued, to incorporate applicable
requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part
503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the
time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The permittee shall notify the Permit Issuing Authority of any significant
change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than
daily shall be taken on a day and time that is characteristic of the discharge over the entire
period which the sample represents. All samples shall be taken at the monitoring points
specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall
not be changed without notification to and the approval of the Permit Issuing Authority.
' 1•
Monitoring results obtained during the previous month(s) shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later
than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in
the case of a new facility, on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
Part II
Page 11 of 14
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed, calibrated and
maintained to ensure that the accuracy of the measurements are consistent with the accepted
capability of that type of device. Devices selected shall be capable of measuring flows with
a maximum deviation of less than 10% from the true discharge rates throughout the range
of expected discharge volumes. Once -through condenser cooling water flow which is
monitored by pump logs, or pump hour meters as specified in Part I of this permit and
based on the manufacturer's pump curves shall not be subject to this requirement.
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal
Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
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 Taring
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.
6. Records Retention
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, for a period of at least 3
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part H
Page 12 of 14
8. Inspection and EntU
The permittee shall allow the Director, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee'shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged. This notification applies to pollutants which are subject
neither to effluent limitations in the permit, nor to notification requirements under 40
CFR Part 122.42 (a) (1).
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The
Director may require modification or revocation and reissuance of the permittee and
incorporate such other requirements as may be necessary under the Clean Water Act.
Part II
Page 13 of 14
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See
Part II. D. 2. of this permit).
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part II. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
Part II
Page 14 of 14
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a sludge digester; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to
such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management.
As required by the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B . Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for
2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
0) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
I' a
D. Biocide Condition
Permit No. NCO023761
The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
. 0
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.
nw1F
RECEIVED +.ey
J10R OF ENVIRONMENTAL MANAGEMM ' n
I � v
OCT 3 Im
WMEMLLE
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor September 29, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary CERTIFIED MAIL Director
RETURN RECEIPT REQUESTED
Mr. James Zombro
National Fruit Product Company, Inc.
PO Box 2040
Winchester, VA 22601
Subject: Permit No. NCO023761
obi Lincolnton Location
Lincoln County
Dear Mr. Zombro: o�(�`, Xy�
In accordance with your application for discharge permit received on
May 12,1985,,, e are forwarding herewith the subject State - NPDES permit.
This pe"" t is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and
the US Environmental Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements
contained in this permit are unacceptable to you, you may request a waiver
or modification pursuant to Regulation 15 NCAC .0508(b) by written request
to the Director identifying the specific issues to be contended. Unless
such request is made within 30 days following receipt of this permit, this
permit shall be final and binding. Should your request be denied, you will
have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferable. Part II, B.2.
addresses the requirements to be followed in case of change in ownership or
control of this discharge.
This permit does not affect the legal requirement to obtain other
permits which may be required by the Division of Environmental Management or
permits required by the Division of Land Resources, Coastal Area Management
Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr.
Samuel Bridges, at telephone number 919/733-5083.
Sincerely,
ORIGINAL SIGNED BY
AR"THUR MOUBER,RY
FOR R. Paul Wilms
cc: Mr. Jim Patrick, EPA
--____ _ -- � Regional°
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Permit No. NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
To Discharge Wastewater Under The
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General
Statute 143-215.1, other lawful standards and regulations promulgated
and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
National Fruit Product Company, Inc.
is hereby authorized to discharge wastewater from a facility located
north of Lincolnton
on NCSR 1558
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River
Basin
in accordance with effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, II, and III hereof.
This permit shall be effective October 1, 1986
This permit and the authorization to discharge shall expire at
midnight on September 30, 1991
Signed this day of September 29, 1986
ORJGiINAL SIGNED BY
ARTHUR MOUBERRY
FOR
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
Permit No. NCO023761
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Inc.
is hereby authorized to:
1. Continue to discharge noncontact cooling water from
National Fruit Product Company, Inc. located north of
Lincolnton on NCSR 1558 in Lincoln County (See Part III
of this permit) into Carpenter Creek which is
classified Class "C" waters in the Catawba River Basin.
A. EFFLUENT LIMITATION AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge from outfall(s) serial number(s) 001.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
kg/day (lbs/day) Other Units (Specify) Measurement Sample *Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location
Flow
Temperature
Residual Chlorine
**
***
**
***
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER
*Sample locations: E - Effluent, U - Upstream, D - Downstream
Monthly Instantaneous E
Monthly Grab E,U,D
Monthly Grab E
**The temperature of the effluent shall be such as not to cause an increase in the temperature of the
receiving stream of more than 2.80C and in no case cause the ambient water temperature to exceed
***Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior
to utilizing any biocide in the cooling water (See Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be
monitored monthly at the effluent by grab samples
There shall be no discharge of floating solids or visible foam in other than trace amounts.
zroro
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,' 0
Part I
Permit No. NC
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent
limitations specified for discharges in accordance with the
folllowing schedule:
2. No later than 14 calendar days following a date identified in
the above schedule of compliance, the permittee shall submit
either a report of progress or, in the case of specific actions
being required by identified dates, a written notice of
compliance or noncompliance. In the latter case, the notice
shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next scheduled
requirement.
I4
C. MONITORING AND REPORTING
1. Representative Sampling
Samples collected and measurements taken
shall be characteristic of the volume
permitted discharge. Samples collected
than daily shall be taken on a day
characteristic of the discharge over the
the sample represents.
2. Reporting
as required herein
and nature of the
at a frequency less
and time that is
entire period which
Monitoring results obtained during the previous month(s)
shall be summarized for each month and reported on a monthly
Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1,
2, 3,) or alternative forms approved by the Director, DEM,
postmarked no later than the 30th day following the
completed reporting period.
The first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility,
on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other
reports required herein, shall be submitted to the following
address:
Division of Environmental Management
Water Quality Section
ATTN: Central Files
Post Office Box 27687
Raleigh, NC 27611
3. Definitions
a. Act or "the Act": The Federal Water Pollution Control
Act, also know as the Clean Water Act, as amended, 33 U.S.C.
1251, et. seq.
b. The "daily average" discharge means the total discharge
by weight during a calendar month divided by the number of
days in the month that the production or commercial facility
was operating. Where less than daily sampling is required by
this permit, the daily average discharge shall be determined
by the summation of all the measured daily discharges by
weight divided by the number of days sampled during the
calendar month when the measurements were made.
C. The "daily maximum" discharge means the total discharge
by weight during any calendar day.
I 5
d. DEM or Division: means the Division of Environmental
Management, Department of Natural Resources and Community
Development.
e. EMC: used herein means the North Carolina Environmental
Management Commission.
f. Flow, M3/day (MGD): The flow limit expressed in this
permit is the 24 hour average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
g. Arithmetic Mean: The arithmetic mean of any set of
values is the summation of the individual values divided by
the number of individual values.
h. Geometric Mean: The geometric mean of any set of values
is the Nth root of the product of the individual values
where N is equal to the number of individual values. The
geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean, values of
zero (0) shall be considered to be one (1) .
i. Composite Sample: These samples consist of grab samples
collected at equal intervals and combined proportional to
flow, a sample continuously collected proportionally to
flow, or equal volumes taken at varying time intervals. If a
composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent
grab samples shall be no greater than hourly. Intervals
between effluent grab samples shall be no greater than
hourly except where the detention time of the wastewater in
the facility is greater than 24 hours, in which case, the
interval between grab samples shall be no greater in number
of hours than the detention time in number of days;
provided, however, in no case may the time between effluent
grab samples be greater than six hours nor the number of
grab samples less than four during any discharge period of
24 hours or less.
j. Grab Sample: Grab samples are individual samples
collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually.
I 6
4. Test Procedures
Test procedures for the analysis of pollutants shall conform
to the EMC regulations published pursuant to N.C.G.S.
143-215.63 et seq, the Water and Air Quality Reporting Act,
and to regulations published pursuant to Section 304(g), 33
USC 1314, of the Federal Water Pollution Control Act, As
Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the
requirements of this permit, the permittee shall record the
following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed; and
c. The person(s) who performed the analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s)
designated herein more frequently than required by this
permit, using approved analytical methods as specified
above, the results of such monitoring shall be included in
the calculation and reporting of the values is required in
the DMR. Such increased frequency shall also be indicated.
The DEM may require more frequent monitoring or the
monitoring of other pollutants not required in this permit
by written notification.
7. Records Retention
All records and information resulting from the monitoring
activities required by this Permit including all records of
analyses performed and calibration and maintenance of
instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3)
years. This period of retention shall be extended during the
course of any unresolved litigation or if requested by the
Division of Environmental Management or the Regional
Administrator of the Environmental Protection Agency.
I 7
PART II GENERAL CONDITIONS
A. MANAGEMENT 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. Any anticipated facility
expansions, production increases, or process modifications
which will result in new, different, or increased discharges
of pollutants must be reported by submission of a new NPDES
application or, if such changes will not violate the
effluent limitations specified in this permit, by notice to
the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not
previously limited.
2. Noncompliance Notification
The permittee shall report by telephone to either the
central office or 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.
d. Any time that self -monitoring information indicates
that the facility has gone out of compliance with its
NPDES permit limitations.
Persons reporting such
file a written report
following first knowledge
3. Facilities Operation
occurrences by telephone shall also
in letter form within 15 days
of the occurrence.
The permittee shall at all times maintain in good working
order and operate as efficiently as possible all treatment
or control facilities or systems installed or used by the
permittee to achieve compliance with the terms and
conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize
any adverse impact to navigable waters resulting from
noncompliance with any effluent limitations specified in
this permit, including such accelerated or additional
monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities is prohibited,
except (i) where unavoidable to prevent loss of life or
severe property damage, or (ii) where excessive storm
drainage or runoff would damage any facilities necessary for
compliance with the effluent limitations and prohibitions of
this permit. All permittees who have such sewer bypasses or
overflows of this discharge shall submit, not later than six
months from the date of issuance of this permit, detailed
data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from
each sewer system bypass or overflow.
The permittee shall report by telephone to either the
central office or 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 diversion from or
bypass of facilities.
Ems:
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants
removed in the course of treatment or control of wastewaters
shall be 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.
7. Power Failures
The permittee is responsible for maintaining adequate
safeguards 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.
8. Onshore or Offshore Construction
This permit does
of any onshore or
or the undertaking
B. RESPONSIBILITIES
1. Right of Entry
not authorize or approve the construction
offshore physical structures or facilities
of any work in any navigable waters.
The permittee shall allow the Director of the Division of
Environmental Management, the Regional Administrator, and/or
their authorized representatives, upon the presentations of
credentials:
a. To enter upon the permittee's premises where an
effluent source is located or in which any records are
required to be kept under the terms and conditions of
this permit; and
b. At reasonable times to have access to and copy any
records required to be kept under the terms and
conditions of this permit; to inspect any monitoring
equipment or monitoring method required in this permit;
and to sample any discharge of pollutants.
I 10
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any
change in control or ownership of facilities from which the
authorized discharge emanates or is contemplated, the
permittee shall notify the prospective owner or controller
y letter of the existence of this permit and of the need to
obtain a permit in the name of the prospective owner. A copy
of the letter shall be forwarded to the Division of
Environmental Management.
3. Availability of Reports
Except for data determined to be confidential under NCGS
143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC
1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of
the Division of Environmental Management. As required by the
Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b) (2) or in Section 309 of the
Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS
143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this
permit may be modified, suspended, or revoked in whole or in
part during its term for cause including, but not limited
to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure
to disclose fully all relevant facts; or
c. A change in any condition that requires either a
temporary or permanent reduction or elimination of the
authorized discharge.
I 11
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent
standard or prohibition (including any schedule of
compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act
for a toxic pollutant which is present in the discharge, if
such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit
shall be revised or modified in accordance with the toxic
effluent standard prohibition and the permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part
II, A-5) and "Power Failures" (Part II, A-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 kil1S, even though the responsibility for effective
compliance may be temporarily suspended.
7. 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 USC
1321. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily
suspended.
8. 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.
I 12
9. Severability
The provisions of this permit are severable, and if any
provision of this permit to any circumstance is held
invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be
affected thereby.
10. Expiration of Permit
Permittee is not authorized to discharge after the
expiration date. In order to receive 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 discharge without a
permit after the expiration will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6, and 33
USC 1251 et seq.
I 13
PART III OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this
facility, whether for construction or operation or discharge,
are hereby revoked by issuance of this permit. The conditions,
requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment facilities or additions
thereto shall be begun until Final Plans and Specifications have
been submitted to the Division of Environmental Management and
written approval and Authorization to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant
operator in responsible charge of the wastewater treatment
facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of
the Division of Environmental Management, conduct groundwater
monitoring as may be required to determine the compliance of
this NPDES permitted facility with the current groundwater
standards.
E. Limitations Reopener
This permit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or
water quality standard issued or approved under Sections
302 (b) (2) (c) , and (d) , 304 (b) (2) , and 307 (a) (2) of the Clean
Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise more
stringent than any effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
I 14
Part III Continued
Permit No. NCO023761
F. Toxicity Reopener
This permit shall be modified, or revoked and reissued to
incorporate toxicity limitations and monitoring requirements in the
event toxicity testing or other studies conducted on the effluent
or receiving stream indicate that detrimental effects may be
expected in the receiving stream as a result of this discharge.
G. The permittee shall not use any biocides except these approved in
conjunction with the permit application. The permittee shall
notify the Director in writing not later than ninety (90) days
prior to instituting use of any additional biocide used in cooling
systems which may be toxic to aquatic life other than those
previously reported to the Division of Environmental Management.
Such notification shall include completion of Biocide Worksheet
Form 101 and a map locating the discharge point and receiving
stream.
Jj
v, E5yANDMENT
IV N ,c, vFypP
CO��CN11Y vE154
� of q�ut�aHOA�ot� pEE.IC6 j
Mr. Charre 't 't n, Vice -President
Production
Nntional Fruit Product Co., Inc.
P.O. Box 916
Lincolnton, North Carolina. 28092
Dear Mr. Toan:
DIVISION OF E.%MTRtlW"P"rAt K,A TkrFkTINIT
December 31, 1980
Subject: Per -it °To. NTCOn23751
National Fruit Product Co., Inc.
Lincoln County
In accordance with your application for discharge Permit received
March 5, 1980, we are forwarding herewith the subject State - 13PDES Permit.
This Permit is issued pursuant to the require -cents of ??orth Carolina General
Statutes 14?-21.5.1 and the Me-ora.ndu- of ,k-reo-ent between North Carolina
and the O. S. Environmental protection Agency dated October 19, 1975.
If any pasts, requirements, or li-^stations contained in this Permit
are unacceptable to you, you have the right to an adjudicatory hearing before
a hearing officer upon written deman4 to the Director within 31 days
following recr-Int of this '"ermlt, identifying the specific issues to be
contended. unless such deripnd is made, this Permit shall be final and bindin .
Please take notice that this Permit is not transferable. Part II, 3.2.
addresses the requirements to be followed in case of change in ownership or
control of this discharge.
This Permit does not affect the leftal requirement to obtain other Permits
which may be required by the nivision of Environmental Management. If you
have any questions concearnin, this Per -nit, please contact Mr. Bill Mills,
telephone 919/733-5181.
Yours very truly,
Original Signed BY
Neil 3, Grigg
?veil S. Grig
Director
cc: jMr. George Harlow, 4F.4
VAiooresville Regional Office
Mooresville Regional, Office Manager
Permit No. NC 0 0 2 3 7 6 1
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
i
To Discharge Wastewater Under The NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute
143-215.1, other lawful standards and regulations promulgated and adopted
by the North Carolina Environmental Management Commission, and the Federal
Water Pollution Control Act, as amended,
National Fruit Product Company, Incorporated
is hereby authorized to discharge wastewater from a facility located at
to receiving waters
Lincolnton, North Carolina
Carpenter Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
This permit shall become effective DEC 31 1980
This permit and the authorization to discharge shall expire at midnight
on
DE,,r
31:
Signed this day of C
Original Signed By
&all S.. Grigg
Neil S. Grigg, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission
M1 & I1
N
Page of
Permit No. NC 7
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Incorporated
is hereby authorized to:
1, Continue to discharge non -contact cooling water from National
Fruit Product Company, Incorporated into Carpenter Creek which
is classified Class "C" waters.
NITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
1421 PEACHTREE ST., N. E.
ATLANTA, GEORGIA 30309 4AEW: GJB
ENFORCEMENT DIVISION
Mr. James C. Zombro
Food Technologist
National Fruit Product Company, Incorporated
Post Office Box 609
Winchester, Virginia 22601
Dear Mr. Zombro:
Per your letter of September 8, 1975, to Mr. Jack E. Ravan, you
requested an elimination of the parameters chromium, zinc, and residual
chlorine. This will not be necessary; the company will have to monitor
the aforementioned parameters only where materials containing these
contaminants are subject to being discharged.
Because of the above statement, this letter should be attached
to your NPDES permit. If you have any questions, please call me at
(404) 526-3971.
Sincerely yours,
722
,John C. Lank, Jr., P.,E
,Chief, NC/SC Compliance Group
Water Enforcement Branch
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning on effective date of this Permit and lasting until expiration,
permittee is authorized to discharge from outfall(s) serial number(s)001.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Kg/day (lbs/day) Other Units (Specify) Measurement ** Sample * Sample
Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location
Flow Monthly Instantaneous E
Temperature *** Monthly Grab E
*Sample Locations: I -Influent, E-Effluent, U,Upstream, D-Downstream **All stream samples shall be grab.
***Temperature of the effluent. shall be such that it will not cause a temperature in the receiving stream of more than 5 0 F
above ambient water temperature, and in no case raise the temperature in the receiving stream above 900F.
There shall be no chromium, zinc or copper added to the cooling water.
V
.I
c� ro a
O � �
O r* �.
0
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units
and shall be monitored at E Monthly by grab samples.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
- Part I
Permit No. NC
0023761
Q. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
On or before the effective date of this Permit.
2. No later than 14 calendar days following a date identified in the above
schedule of compliance, the permittee shall submit either a report of
progress or, in the case Sf specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, and the probability of meeting the next scheduled requirement.
M4&I4
PART I
Permit No. NC
Act used herein means the Federal Water Pollution Control Act, As amended.
DEM used herein means the Division of Environmental Management of the
Department of Natural Resources and Community Development
"EMC" used herein means the North Carolina Environmental Management
Commission.
C. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no later than the 45th
day following the completed reporting period. The first report is due on
r The DEM may require reporting of additional monitoring
resulW b Ai tten notification. Signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight
during a calendar month divided by the number of days in the month
that the production or commercial facility was operating. Where less
than daily sampling is required by this permit, the daily average
discharge shall be determined by the summation of all the measured
daily discharges by weight divided by the number of days sampled
during the calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to The EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The
Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the
Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
15
- PART I
Permit No. NC
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
C. The person(s) who performed the analyses;
d. The analytical techniques or methods used; and
e. The results of all required analyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4)
Such increased monitoring frequency shall also be indicated. The DEM
may require more frequent monitoring or the monitoring of other pollu-
tants not required in this permit by written notification.
7. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring instrumentation shall be retained by the permittee
for a minimum of three (3) years, or longer if requested by the State
Division of Environmental Management or the Regional Administrator of
the Environmental Protection Agency.
16
PART II
Permit No. NC
A. MANAGEMENT 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. Any anticipated
facility expansions, production increases, or process modifications which
will result in new, different, or increased discharges of pollutants must
be reported by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit, by
notice to the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not previously limited.
2. Non compliance Notification
If, for any reason, the permittee does not comply with or will be unable
to comply with any effluent limitation specified in this permit, the per-
mittee shall provide the Division of Environmental Management with the
following information, in writing, within five (5) days of becoming aware
of such condition:
a. A description of the discharge and cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or,
if not corrected; the anticipated time the noncompliance is expected
to continue, and steps being taken to reduce, eliminate and prevent
recurrence of the noncomplying discharge.
3. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.
4. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to navigable waters resulting from noncompliance with any effluent
limitations specified in this permit, including such accelerated or
additional monitoring as necessary to determine the nature and impact of
the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, except (i) where
M8&I7
PART II
Permit No. NC
unavoidable to prevent loss of life or severe property damage, or
(ii) where excessive storm drainage or runoff would damage any
facilities necessary for compliance with the effluent limitations
and prohibitions of this permit. The permittee shall promptly
notify the Water Quality Section of DEM in writing of each such
diversion or bypass.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed of 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.
7. Power Failures
In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
a. in accordance with the Schedule of Compliance contained in Part I,
provide an alternative power source sufficient to operate the waste-
water control facilities;
or,if such alternative power source is not in existence, and no date for
its implementation appears in Part I,
b. Halt, reduce or otherwise control production and/or all discharges
from wastewater control facilities upon the reduction, loss, or
failure of the primary source of power to said wastewater control
facilities.
8. 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.
HE
PART II
Permit No. NC
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized represen-
tatives, upon the presentations of credentials:
a. The enter upon the permittee's premises where an effluent source is
located or in which any records are required to be kept under the
terms and conditions of this permit; and
b. At reasonable times to have access to and copy any records required
to be kept under the terms and conditions of this permit; to inspect
any monitoring equipment or monitoring method required in this permit;
and to sample any discharge of pollutants.
2. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in control
or ownership of facilities from which the authorized discharge emanates
or is contempl-eted, the permittee shall notify the prospective owner or
controller by letter of the existence of this permit and of the need to
obtain a permit in the name of the prospective owner. A copy of the
letter shall be,forwarded to the Division of Environmental Management.
3. Availability of Reports
Except.for data determined to be confidential under N. C. G. S. 143-215.
3(a)(2)`or Section 308 of the Federal Act, 33 USC 1318, all reports prepared
in accordance with the terms shall be available for public inspection at the
offices of the Division of Environmental Management. As required by the Act,
effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the im osition of criminal
penalties as provided for in N. C. G. S. 143-215.6(b)(2� or in Section
309 of the Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to N. C. G. S. 143-
215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be
modified, suspended, or revoked in whole or in part during its term for
cause including, but not limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts; or
c. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
M10&I9
PART II
Permit No. NC
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be revised or modified
in accordance with the toxic effluent standard or prohibition and the
permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, A-5)
and "Power Failures" (Part II, A-7), nothing in this permit shall be
construed to relieve the permittee from civil or criminal penalties for
noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the
Federal Act, 33 USG 1319.
7. 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
under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act,
33 USC 1321.
8. 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.
9. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circum-
stance, is held invalid, the application of such provision to other cir-
cumstances, and the remlinder of this permit shall not be affected thereby.
M 11 & I 10
PART II
Page of
Permit No NC
10. Expiration of Permit
Permittee is not authorized to discharge after the expiration date.
In order to receive 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 discharge without a permit after
the expiration will su.:)Ject the permittee to enforcement procedures as
provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq..
PART III
Permit No. NC
B. Previous Permits
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, are hereby
by issuance of this permit. The conditions, requirements, terms, and
provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System governs discharges from this
facility.
C. Construction
No construction of wastewater treatment facilities or additions thereto
shall be begun until Final Plans and Specifications have been submitted
to the Division of Environmental Management and written approval and
Authorization to Construct has been issued. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans or issuance of this permit, whichever is latter, the
plans may be considered approved and construction authorized.
D. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the permittee
shall employ a certified wastewater treatment plant operator in responsible
charge of the wastewater treatment facilities. Such operator must hold a
certification of the grade equivalent to the classification assigned to
the wastewater treatment facilities.
M15&I12
STAFF REPORT AND RECOMMENDATIONS
Part I - INSPECTION OF PROPOSED WASTEWATER TREATMENT PLANT SITE
1. Place visited: National Fruit Product Company, Inc.
Highway 321, North
Lincolnton, North Carolina, Lincoln County
2. Date: May 20, 1930
L ti
3. Bv: Thurman Horne 6
4. Person contacted: tir. Smallwood
5. Directions to site: The facility is located on S. R. 1558 in Lincoln
County, off U. S. 321, North out of Lincolnton.
6. The bearing and distance to the proposed point of effluent discharge
is: 001 - Longitude 800 50' and Latitude 360 20'.
7. Size: There is adequate area available for expansion of existing
facilities if this is ever necessary.
3. Topography: Relatively flat.
9. Location of nearest dwelling: There are no dwellings within 500 feet
of the facilities.
10. Receiving Stream: Carpenter Creek
(a) Classification: C
(b) Minimum 7-Day, 11-Year discharge at site: No data available.
(c) Usage: Fishing. boating, wading and any other usage except for
bathing or as a source of eater supply for drinking, culinary
or food processing purposes.
Part II - DESCRIPTION OF PROPOSED TREAVENT '14ORKS
Non -contact cooling water from the plant enters a 1,000,000 gallon holding
lagoon and is then discharged into Carpenter Creek. The holding lagoon
is not designed as a treatment process, but is intended to store water
for fire protection.
Part III - EVALUATION AAD RECOMME JDATIONS
It is recommended that NPDES Permit No. NC 0023761, issued to ^rational
Fruit Product Company, Incorporated, be renewed for the discharge of
non -contact cooling water.
I
PpPrth Carolina Dept. of Natural A Economic Resources
ENVIRONMENTAL MANAGEMENT COMMISSION
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
y APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C
To be filed only by persons engaged in manufacturing and mining
�1k
FOR
AGENCY
USE
Do not attempt to complete this form before reading accompanying instructions
Please print or type
Name, address, location, and telephone number of facility producing discharge
A. Name NATIONAL FRUIT PRODUCT CO., INC.
B. Mailing address
1. Street address P. 0. Box 916
2. City Lincolnton
4. County Lincoln
APPLICATION NUMBER
1
1 �5
k '
17
�
1
%'
%
i
DATE RECEIVED
1.5
YEAR M0, DAY
3. State North Carolina
5. ZIP
28092
C. Location:
1. Street Highway 321 — North
2. City Lincolnton 3. County Lincoln
4, State North Carolina
D. Telephone No. 704 735-2531
Area
Code
®C�4)Ll
(Leave blank)
3. Number of employees 185 maximum
If all your waste is discharged into a publicly owned waste treatment facility
and to the best of your knowledge you are not required to obtain a discharge
permit, proceed to item 4. Otherwise proceed directly to item 5.
4. If you meet the condition stated above, check here a and supply the information
asked for below. After completing these items, please complete the date, title,
and signature blocks below and return this form to the proper reviewing office
without completing the remainder of the form.
A. Name of organization responsible for receiving waste
B. Facility receiving waste:
1. Name
2. Street address
3. City 4. County
5. State 6. ZIP
5. ❑ Principal product, Mraw material (Check one)_,Dples
6. Principal process Manuf acturing of apple sauce, apple juice and vinegar
7. Maximum amount of principal product produced or' raw material consumed per (Check one)
Basis
Amount
1-99
(1)
100-199
(2)
200-499
(3)
500-999
(4)
1000-
4999
(5)
5000-
9999
(6)
10,000-
49.999
(7)
50,000
or more
(B)
A. Day
X
B, Month
YE-ar
8- Maxiw4m avoint of principal product produced or raw material consumed, reported
iA item 7, above, is measured in (Check one):
A.p pounds B.o tons C.❑ barrels D.9 bushels E.o square feet
F.❑ gallons G.o pieces or units H,G other, specify
9. (a) Check here if discharge occurs all year- , or
(b) Check the month(s) discharge occurs:
1 . ❑ January 2. ❑ February 3. ❑ March 4. ❑ Apri 1 p May 6. ❑ June
7.0 July 8.0 August
(c) Check how many days per week
9.❑ September 10.❑ October
1.01 2.❑2-3 3.04-5
1 1 . ❑ November
4.Z 6-7
10. Types of waste water discharged to surface waters only (check as applicable)
� w-
.- 1
12.0 De c embe r
kL FRUIT
Flow, operating gallons per day
Volume treated before
discharging (percent)
Discharge per
operating day
0.1-999
1000-4999
500o-9999
10,000-
50,000-
None
0.1-
30-
65-
95_
49,999
or more
29.9
64.9
94.9
1fir
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
A. Sanitary, daily
average
B. Cooling water, etc.
Tr
daily average
x
x
C. Process water,
daily average
1. Maximum per operat-
ing day for total
_ discharge (all types),
x
11. If any of the three types of waste identified in item either treated or untreated,
are discharged to places other than surface waters, check below as applicable..
Waste water is
discharged to:
Average flow. gallons per operating day
0.1-999
(1)
1000-4999
(2)
5000-9999
(3)
10,000-43,999
(4)
50,000 or more
(5)
A. Municipal sewer system
B.. Underground well
C. Septic tank
D. Evaporation lagoon or pond
E. Other, specify
Spray Irrigation
12. Number of separate discharge points: A.® 1 B.❑ 2-3 ❑ 4-5 0.0 6 or more
13. Name of rei:eiving water or waters Clark's Creek tributary to)
14. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances added as a result of your operations,
activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium,
chromium, copper, lead, mercury, nickel, selenium, zinc, phenol., oil and
grease, and chlorine (residual). A.❑ yes B.%1no
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.
Charles S. Toan 'dice President- Production
Printed Name -of Person Signing Title -
Date Application Signed Signature of Applicant
North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes
any false statement representat on, 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 knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed
$10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. S�.ction 1001 provides
a punishment by a fine of more than $10,000 or imprisonment not more than 5 years, or both,
Lor a similar offense,N
rpv
Permit No. NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOUkaa, _ OF NAT
ArD
DIVISION OF ENVIRONMENTAL MANAGEMENT :a.ULornrrNT
PERMIT t 1991
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM =°fSEtifKi
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,
National Fruit Product Company, Inc.
is hereby authorized to discharge wastewater from a facility located at
National Fruit Product Company, Inc.
US Highway 321
north of Lincolnton
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on July 31, 1995
Signed this day
t_
tit'
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Pr
Permit No. NC0023761
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Inc.
is hereby authorized to:
1. Continue to operate an approximately 800,000 gallon earthen holding basin located at National
Fruit Product Company, Inc., US Highway 321, north of Lincolnton, Lincoln County (See
Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Carpenter
Creek which is classified Class C waters in the Catawba River Basin.
/ ' 1, � / ) � � . $ `1,• (� r" r�
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A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permit No. NCO023761
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations
Lbs/day, Units (specify)
Mon. Avg, Daily Max Mon, Ava, Daily Max.
Flow
Temperature
Total Residual Chlorine —
Monitoring Requirements
Measurement Sample *Sample
Frequency I"e Location
Monthly Instantaneous E
Monthly Grab E, U, D
Monthly Grab E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8 degrees
C and in no case cause the ambient water temperature to exceed 32 degrees C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
VPartI][[
D. Biocide Condition
Permit No. NCO023761
The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
June 30, 1986
NPDES STAFF REPORT AND RECOMMENDATIONS
Lincoln County
NPDES Permit No. NC0023761
PART I - GENERAL INFORMATION
1. Facility and Address: National Fruit Product Company, Inc.
P. 0. Box 2040
Winchester, Va. 22601
2. Date of Investigation: 4/14/86
3. Report Prepared By: J. Thurman Horne, P. E.
4. Persons Contacted and Telephone Number: Mr. Robert Kern, Mr. Verlis Miller,
Mr. James Zombro, Mr. Gene Fisher, Mr. Greg Hofe (Plant Manager 704/735-2531).
5. Directions to Site: Travel north on U.S. Hwy 321 out of Lincolnton,
after crossing Carpenter Creek travel approx. 0.1 mi., turn left on
S.R. 1558. The facility is located at the end of S.R. 1558 approx.
0.2 mi. from Hwy. 321.
6. Discharge Point - Latitude: 35° 30' 55"
Longitude: 81' 14' 25"
Attach a USGS Map Extract and indicate treatment plant site and discharge point
on map.
USGS Quad No. E14SW or USGS Quad Name - n/a
7. Size (land available for expansion and upgrading): The total plant site
encompasses approx. fifty (50) acres. There is adequate land available to
construct treatment facilities, as necessary.
8. Topography (relationship to flood plain included): Mildly rolling, slopes
are generally less than 10%. There are no treatment facilities existing
or proposed. Therefore, there are no facilities within any flood plain.
9. Location of nearest dwelling: None within 500 feet.
10. Receiving stream or affected surface waters: Carpenter Creek
a. Classification: C
b. River Basin and Subbasin No.: 03-08-35
C. Describe receiving stream features and pertinent downstream uses:
There are no known users of the stream for any reasonable distance
downstream other than for agriculture and secondary recreation.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 0% Domestic
100% Industrial
a. Volume of Wastewater: .001 MGD (per telephone conversation with Mr. Greg
Hofe, Plant Manager on 6/30/86).
Page Two
b. Types and quantities of industrial wastewater: The discharge
consists entirely of non -contact cooling water with no chemical
additives.
c. Prevalent toxic constituents in wastewater: not applicable
d. Pretreatment Program (POTWs only): Not applicable
in development - n/a approved - n/a
should be required - n/a not needed - n/a
2. Production rates (industrial discharges only) in pounds - not applicable
a. highest month in the last 12 months - n/a
b. highest year in last 5 years - n/a
3. Description of industrial process (for industries only) and applicable CFR
Part and Subpart: Not applicable
4. Type of treatment (specify whether proposed or existing): There are no
treatment facilities. The non -contact cooling water enters a 1,000,000 gallon
holding basin (earthen) which is used to store fire protection water.
Overflow from the holding basin is discharged into the receiving stream.
5. Sludge handling and disposal scheme: Not applicable
6. Treatment plant classification: Not applicable
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants Funds
(municipals only)? Not applicable
2. Special monitoring requests: n/a
3. Additional effluent limits requests: n/a
4. Other: n/a
PART IV - EVALUATION AND RECOMMENDATIONS
It is recommended that the permit be renewed as requested with limitations
and monitoring requirements as appropriate for non -contact cooling water.
Si a� of report preparer
I�
Water Quality Regional Supervisor
JTH:pb
62 r..—fZ"fe(] oy the GeologlcaI Survey
�•. Control by USGS and USC&GS
a
0„\J Topography by photogrammetric methods from aerial
Photographs taken 1966. Field checked 1970
Polyconlc projection. 1927 North American datum
10,000-foot grid based on North Carolina coordinate system,
1000-meter Universal Transverse Mercator grid ticks,
zone 17, shown in blue
F1. - red aaanNd iine-; Ind
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##NMM. W EMMONMENTAE MANAGEMENT:
State of North Carolina
Department of Natural Resources and Community Development
` \ MWEsnuE Division of Environmental Management p L
>ete� 1
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
a R. Paul Wilms
Director
Subject: NPDES Permit Application
NPDES Permit No. NC00
ounty
Dear
This is to
acknowledge
Application
Engineering
Request for
Application
Other
receipt of the following documents on
Form,
Proposal (for proposed control facilities),
permit renewal,
Processing Fee of $ ,
The items checked below are needed before review can begin:
Application form (Copy enclosed),
Engineering Proposal See Attachment),
_ Application Processing Fee of $ ,
Other
,A f`f`trhe application is not made complete within thirty 30 days, it will
be returned to you and may be resubmitted when complete.
This application has been assigned to
(919/733-5083) of our Permits Unit for review. You will be advised of
any comments recommendations, questions or other information necessary
for the review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this application, please
contact the review person listed above.
cc:
Sincerely,
Arthur Mouberry, P.E.
Supervisor, Permits and Engineering
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
LWHITE
HOUSE
NATIONAL FRUIT PRODUCT COMPANY, INC. P.O. BOX 2040 WINCHESTER, VIRGINIA 22601 TEL(703)662-3401
May 7, 1686
Mr. M. Dale Overcash, P.E.
NPDES Permits Group Leader
Permits and Engineering Unit
NC Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
RE: NPDES Permit No. NC 0023761
Dear Mr. Overcash:
Please consider this letter a request for renewal of NPDES
Permit No. NC 0023761 for our Lincolnton, North Carolina plant.
Enclosed is a check for the Permit Renewal Processing Fee of $75.00.
We apologize for the late filing of this renewal request and
have taken steps to insure that it does not occur again.
If you require any further information, please do not hesitate
to contact us.
Sincerely,
-4. W
National Fruit Product _9mpany, Inc.
aka �
James C. Zombro,
Manager -Technical Dept.
JCZjr/jf
cc: Greg Hofe
I-IqY 1986
PERMITS 8 ENGINEERING
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NCO023761
Application No. NCO023761
AUTIIORI7.ATION TO DISCHARGE UNDER THE
NATIONAL. POLLUTANT DISCIIARGE ELUMINATION SYSTEM
In compliance with the provisions of the Federal Water Pollution Control Act, as amended,
(33 U.S.C,1251 et. seq; the "Act"),
National Fruit Company, Incorporated
is authorized to discharge from a facility located at
Lincolrton, North Carolina 28092
to receiving waters named
Tributary to Clark's Creek
in accordance with effluent limitations, monitoring requirements and other conditions set forth
in Parts 1, II, and III hereof.
This permit shall become effective on AUG 14 1975
This permit and the authorization to discharge shall expire at midnight, AUG 14 1930
Signed this 3 0 day of JO 1975
�• GLV�_
Jack ., . P,wvan
egional Adm-Lnistrator
EPA Form 33:0_4 (10-73)
A. EFFLUENT LLMITATIONS AND MONITORING REQUIREMENTS
i
!
"►,' .
During the period beginning October 1, 1975 and lasting through the
i
term of this permit,
the permittee is authorized to discharge from outfall(s) serial number(s) 001,
Cooling water only.
Such discharges shall be limited and monitored by the permittee as specified below:
where
materials containing these
contaminants are stibject to being discharged.
Effluent Characteristic _Discharge Limitations
— -
Monitoring Requirements
kg/day (lbs/day) Other Units (Specify)
Measurement
Sample
Daily Avg Daily Max Daily Avg
Daily Max
Frequency
Type
Flow—m3/Day (MGD) — — --
—
Once/month
Instantaneous
Chromium 1.0 ing/l
1.0 mg/1
Once/month
Grab
Zinc 0.5 mg/1
1.0 mg/l
Once/month
Grab
Temperature 35oC(950F)
38oC(1000F)Once/month
Grabr.
Chlorine--Residtxal) 0.2 Tng/l
0.2 mg/1
Once/month
Grab
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored
once per month with a grab sample.
There shall be no discharge df floating solids or visible foam in other than trace amounts. ,n
Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): C:
The nearest Accessible point after final treatment, but prior 'to actual discharge to or mixing 0
with the receiving waters, ry
v�
y
PART t
Vage 3 ,,, 9
Permil No. NC O O Z) 7 b 1
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations specified for
�,. discharges in accordance with the following schedule:
Attain Operational Level . . . . . . . . . . . . October 1, 1975
` 2. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit cit.lier a report of progress or, in the case of
specific actions being required by identified dates, a «-ritten notice of compliance or
noncompliance. In the latter case, the notice shalt include the cause of noncompliance.
any remedial actions taken, and the probability of meeting the nest scheduled
requirement.
PART
P-. 4 „t 9
Perrnrt ,Vr.
0023761
C. MONITORING ANT) REPO RTING
1. Representative Sampling
`Samples and measurements taken as required herein shall be representative of the volume
and nature of the monitored discharge.
' 2. Reporting
Monitoring results obtained during the previous 3 months shall be summarized for
each month- and reported on a Discharge Monitoring Report Form (EPA No. 3320-1),
postmarked no later than the 28th day of the month following the completed reporting
period. The first report is due on December 31, 1975 . Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the Regional
Administrator and the State at the following addresses:
Environmental Protection Agency North Carolina Department of
- -- -Water -Enforcement Branch Natural and Economic Reaoi:rces
1421 Peachtree Street, N.E. P. 0, Box 27637 y
Atlanta, Georgia RaleigU,.Horth Carolina 27611
3. Definitions
a. The "daily average" discharge means the total discharge by weight during a calendar
month divided by the number of days in the month that the production or
-commercial facility was operating. Where less than daily sampling is required by this
permit, the daily average discharge shall be determined by the summation of all the
measured daily discharges by weight divided by the number of days during the
calendar month when the measurements were made.
b. The "daily maximum" discharge means the total discharge by weight during any
calendar day.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to regulations- published
pursuant to Section 304(g) of the :act, under which such procedures may be required.
5. Recording of Results
For each measurement or sample taken pursuant to the requirer.ients of this permit, the
permittee shall record the following information: i
a. The exact place, date, and time of samphng;
b. The dates the analyses were performed;
c. The person(s) who performed the analyses;
PART
5 9
00237o1
d. The analytical techni(we% iw n►etht)ds used: and
~R '
e. The n-sults of all required analyse..
6. Additional .Monitoring h�1 Permittee
If the permittee monitors any pollutant at the location(s) designated herein more
frequently than required by this permit, using approved analytical methods as specified
above, the results of such monitoring shall be included in the calculation and reporting of
the values required in the Discharge Monitoring Report Form ( EPA No. 3320-1). Such
increased frequency shall also he indicated.
7. Records Retention
All records and information resulting from the monitoring activities required by this
permit including all records of analyses performed and calibration and maintenance of
instrumentation and recordin,s from continuous monitor;-,- instrumentation shail be
retained for a minimum of t1hree (3) years, or longer if requested by the Regionak..
Administrator or the State water -pollution control agency.
. 'a
PART II
I'm,,,, No
SIC 0 0 23 7 01
A. �i:1\A(;E.\iF:N'r REQUiRF:\1EM'S
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. Any
anticipated facility expansions, production increases, or process modifications which will
result in new, difrerent, or increased discharges of pollutants must be reported by
submission of a new NI'i ES application or, if such changes will not violate the effluent
limitations tijwcified in this permit, by notice to the permit issuing authority of such
changes. Following such notice, the permit may be modified to specify and limit any
pollutants not previously limited.
2. Noncompliance Notification
If, for any reason, the permittee does not comply with or will be unable to comply. with
_ any _daily maximum effluent limitation specified in this permit, the permittee shall
provide the Regional administrator and the State with the following informatio-h;.in
writing, within five (5) days of becoming aware of such condition:
a. A description of the discharge and cause of noncompliance; and
h. 'I'he period of noncompliance, including exact dates and times; or, if not corrected.
the anticipated time the noncompliance is expected to continue, and steps being
taken to reduce, eliminate and prevent recurrence of the noncomplying discharge.
3. Facilities Operation
The permit.tce shall at. all times maintain in good working order and operate as efficiently
as po."ible all tseatmvnt or control facilities or systems installed or used by the permittee
to achieve compliance with the terms and conditions of this permit.
-1. .1dccrsc Impact
The permittee shall take all reasonable steps to minimize any adverse impact to navigable
waters resulting from noncompliance with any effluent limitations specified in this
permit, including such accelerated or additional monitoring as necessary to determine the
nature and impact of the noncomplying discharge.
5. RN.nassing
Any diversion from or bypass of facilities necessary to maintain compliance with the
terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent
' loss of life or sevvre property damage, or Oil where excessive storm drainage or runoff
would damal.;e any facilities necessary for compliance with the effluent limitations and -
prohibitions of this permit. The permittee shall promptly notify the Regional
Administrator and the State in writing, of each such diversion or bypass.
PART 11
Page 7 of 9
Permit No. tIC O Q L % 1
S. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be disposed of in a manner such as to prevent any pollutant
from such materials from entering navigable waters.
7. Power Failures
In order to maintain compliance with the effluent limitations and prohibitions of this
permit, the permittee shall either:
a. In accordance with the Schedule of Compliance contained in Part I, provide an
alternative power source sufficient to operate the wastewater control facilities;
_. or, if such alternative power source is not in existence, and no date for its implementation
appears in Part
b. Halt,- reduce or otherwise control production and/or all discharges upon the
reduction, loss, or failure of the primary source of power to the wastewater control
facilities.
B. RESPOtiSIBILITIES
1. Right of Entry
The permittee shall allow the head of the State water pollution control agency, the
Regional Administrator, and/or their authorized representatives, upon the presentation of
credentials:
a. To enter upon the permittee's premises where an effluent source is located or in
which any records are required to be kept under the terms and conditions of this
permit; and
b. At reasonable times to have access to and copy any records required to be kept under
the terms and conditions of this permit; to inspect any monitoring equipment or
monitoring method required in this permit; and to sample any discharge of pollutants.
2. Transfer of Ownership or Control
In the event of any charge in control or ownership of facilities from which the authorized
discharges emanate, the oermittee shall notify the succeeding owner or controller of the
existence of this permit by letter, a copy of which shall be forwarded to the Regional
Administrator and the State water pollution control agency.
3. Availability of Reports
Except for data determined to he confidential under Section 308 of the Act, all reports
prepared in accordance with the terms of this permit shall be available for public
PART 1! -
Page 8 t>r 9
Permit Nit. NL 0 0 2 3 '7 L 1
inspection at the offices of the State water pollution control agency and the Regional
Administrator. 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 Section 309 of the Act_
4. Permit Modification
After notice and opportunity for a hearing, this permit may be modified, suspended, or
revoked in whole or in part during its term for cause including, but not limited to, the
following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose fully all relevart
— facts; or
c. A charge in any condition that requires either a temporary or permanent reduction or
--elimination of the authorized discharge.
5. Toxic Pollutants
Not:�,rithstandina Part II, B-4 above, a a toxic effluent standard or prohibition (including
any schedule of compiiance specified in such effluent standard or prohibition) is
established under Section 307(a) of the Act for a toxic pollutant which is present in the
discharge and such standard or prohibition is more stringent than any limitation for such
pollutant in this permit, t,is permit shall be revised or modified in accordance with the
toxic effluent standard or prohibition and the permittee so notified.
o. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power
Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee
from civil or criminal penalties for noncompliance.
7. 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 sup;ect under Section 311 of the Act.
$. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from an.: responsibilities, liabilities, or penalties established pursuant
to any applicable State law or regulation under authority preserved by Section 510 of the
Act.
PART It
• _. - 9 .' 9
v.-
�C QQ2 7n1
9. Property Rights
The issuance of this pennit does not convey any property rights in either real or personal
property, or any exclusive :.•rv>ioees, nor does it authorize any injury to private oropertV
or any invasion of personal riglits, nor any infringement of Federal, Skate or locai lags or
regulations.
10. Severability
The provisions of this pe.*:nit are severable, and if any provision Iof this permit, or the
application of any provision of this permit to any circumstance, is held invalid, t,,.e
application of such pro,�lsion to other circumstances, and the remainder of this peranit,
shall not be affected thereby.
PART III
OTHER REQUIf.EMErTS -
For the purpose of t is permit, a calendar day is de�i.aed as aa7 ca secut:-7e
24-hour period.
®� -. r.�
NCDENR
JAMES B. HUNT JR.
GOVERNOR
�� NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 19, 2000
Mr. David Gum
National Fruit Product Co.,Inc.
BILL HOLMAN --r P.O. Box 2040
SECRETARY Winchester, North Carolina 22604-1240
Subject: NPDES Permit No. NC0023761
National Fruit Product Company
>y,, Lincoln County, NC
Dear Mr. Gum:
Our records indicate that NPDES Permit No. NC0023761 was issued on October
5, 2000 for the discharge of wastewater to the surface waters of the State from your facility.
The purpose of this letter is to advise you of the importance of the Permit and the liabilities
in the event of failure to comply with the terms and conditions of the Permit. If you have
not already done so, it is suggested that you thoroughly read the Permit. Of particular
importance are Pages 4 and 5 .
Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your
discharge. Your discharge must not exceed any of the limitations set forth. The section
headed "Monitoring Requirements" describes the measurement frequencies, sample types
and sampling locations. Upon commencement of your discharge (or operation), you must
initiate the required monitoring. The monitoring results must be entered on reporting forms
furnished or approved by this Agency. If you have not received these forms, they should
be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as
possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1),
plus instructions for completing the form. It is imperative that all applicable parts be
completed, and the original and one copy be submitted as required.
Please be advised that an annual administering and compliance monitoring fee may
be required for your facility. You will soon be receiving a statement from our Raleigh
Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement
action or possible revocation of your permit.
The remaining parts of the Permit set forth definitions, general conditions and special
conditions applicable to the operation of wastewater treatment facilities and/or discharge(s).
The conditions include special reporting requirements in the event of noncompliance,
bypasses, treatment unit/process failures, etc. Also addressed are requirements for a
certified wastewater treatment plant operator if you are operating wastewater n nt,
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE 704-663-1699 FAX 704-663-6040
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
I
Page No. 2
facilities. Any changes in operation of wastewater treatment facilities, quantity and type of
wastewater being treated or discharged, expansions and/or upgrading of wastewater
treatment facilities must be permitted or approved by this Agency.
Failure to comply with the terms and conditions of an NPDES Permit subjects the
Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina
General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties)
may be assessed for such violations. If you find at any time that you are unable to comply
with the terms and conditions of the Permit, you should contact this Office immediately. A
Special Order by Consent (SOC) may be necessary while pursuing action to obtain
compliance.
As a final note, an NPDES Permit is normally issued for a five-year period. Permits
are not automatically renewed. Renewal requests must be submitted to this Agency no later
than 180 days prior to expiration. Please make note of the expiration date of your Permit.
This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not
automatically transferable. If you, as the Permittee, cease to need this Permit, then you
should request that the Division of Water Quality rescind the Permit or request that DWQ
reissue the Permit to another party, if necessary.
As mentioned previously, the purpose of this letter is to advise you of the importance
of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in
Mooresville if you have any questions or need clarification. We look forward to providing
any assistance.
Enclosure
A:\NATFRLTNP.LTP_DRG/de
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
State of North Carolina r^
Department of Environmenf, • 0
and Natural Resources -cw"AW—Wl',F>tM., 1ZALT�, _
Division of Water Quality
James B. Hunt, Jr., Governor OCT 13 2000 NCDENR
Bill Holman, Secretary qy ry��i' NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director *"$' o OF MIpO FT4 MANAGEMEit; ENVIRONMENT AND NATURAL RESOURCES
tlOORE341LE IEl1811At OMF
October 5, 2000
Mr. David C. Gum
National Fruit Product Company, Inc.
P.O. Box 2040
Winchester, Virginia 22604-1240
Subject: Issuance of NPDES Permit NCO023761
National Fruit Product Company
Lincoln County
Dear Mr. Gum:
Division personnel have reviewed and approved your application for renewal of the subject permit. Z/1 /C.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of
this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh,
North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Water Quality or permits required by the Division of Land
Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be
required.
If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919)
733-5083, extension 511.
Sincerely,
Original Signed By
David A. Goodrich
Kerr T. Stevens
cc: Central Files
NPDES Unit
Point Source Compliance Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer VISIT us ON THE INTERNET @ hffp://h2o.enr.state.nc.ustNPDES
Permit NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
National Fruit Product Company, Inc.
is hereby authorized to discharge wastewater from a facility located at
National Fruit Product Company
288 White House Road (NCSR 1558)
north of Lincolnton
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective November 1, 2000.
This permit and authorization to discharge shall expire at midnight on July 31, 2005.
Signed this day October 5, 2000.
Original Signed By
David A. Goodrich
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0023761
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Inc. is hereby authorized to:
1. Continue to operate an earthen holding basin for bottle wash water, stormwater
and non -contact cooling water. This basin is located at the National Fruit
Product Company plant at 288 White House Road (NCSR 1558) north of
Lincolnton in Lincoln County.
2. Discharge from the holding basin at the location specified on the attached map
into Carpenter Creek, classified WS-IV waters in the Catawba River Basin.
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35* 39 478 LINCOLNTON 1. 7 Afl. .479 .480 11 340000 FEET '12'30"
81' 15' GAS TONIA 20 MI.
Latitude: 35'30'55"
Longitude: NCO023761
Facility -A
81*14'25"
Receiving Stream: Carpenter Creek
Location
Quad #: E14SW National Fruit
Stream Class: WS-IV Product Company
Subbasin: 30835
1 - - NORTH SCALE 1:24000
Permit NC0023761
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample Location1
Flow
Monthly
Instantaneous
Effluent
Total Residual Chlorine2
Monthly
Grab
Effluent
Temperature (°C) 3
Monthly
Grab
Effluent
Upstream & Downstream
pH4
Monthly
Grab
Effluent
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 200 feet downstream from the
outfall.
2. The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of
more than 2.8°C. In no case shall the temperature of the effluent cause the temperature of the receiving
stream to exceed 32°C.
3. Monitoring is required only if chlorine is added to the cooling water.
4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no chromium, zinc or copper added to the cooling water.
The Permittee shall obtain approval from the Division of Water Quality's Aquatic Toxicology Unit
(ATU) prior to the addition of any biocidal compound to the effluent discharged from outfall 002.
Approval for use of new compounds (not previously approved) must be submitted to the ATU at least
90 days in advance of any planned use of those compounds.
Concentrations of chromium, copper or zinc in the effluent shall not exceed applicable water quality
standards or action levels in the receiving stream.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
PART
Section B. Schedule of Compliance .
1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance
with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter case,
the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Pan II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge' is defined as the total mass of all daily discharges sampled
and/or measured during a calendar month on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found
each day of the month and then dividing this sum by the number of days the tests were
reported. The limitation is identified as "Monthly Average' in Part I of the permit.
b. The "weekly average discharge' is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or measured
during such week. It is, therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the week and then dividing this sum by the number of days the
tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit.
c. The "maximum daily discharge' is the total mass (weight) of a pollutant discharged during a
calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge' is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each
day of the year and then dividing this sum by the number of days the tests were reported. This
limitation is defined as "Annual Average' in Part I of the permit.
Part II
Page 2 of 14
6. Concentration Measurement
a . The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such month (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar month. This
limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average weekly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily
Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day . The average yearly count for fecal coliform bacteria is the
geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as "Annual Average' under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average' in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through March,
April through June, July through September, and October through December.
Pan II
Page 3 of 14
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged
monthly. It is determined as the arithmetic mean of the total daily flows recorded during the
calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when
both the sample and flow will be representative of the total discharge.
A "continuous flow measurement" is a measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for
infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the present gallon interval between sample collection fixed at
no greater than 1 /24 of the expected total daily flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six (6) hours nor the number of samples less than four (4) during a
24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual
values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the
individual values where N is equal to the number of individual values. The geometric mean is
equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one
(1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration
times its respective flow divided by the summation of the respective flows.
Part II
Page 4 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section
311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards or prohibitions or standards for sewage sludge
use or disposal, even if the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
US.C. 1319 and 40 CFR 122A1 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class
II violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class 11 penalty not to exceed $125,000.
ran 11
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part I1, C4) and 'Tower Failures" (Part 11,
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of
the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit.
Part II
Page 6 of 14
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any permittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretarv, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized representative of
that person. A person is a duly authorized representative only if:
(I) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Part II
Page 7 of 14
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. IThe exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. J The conditions,
requirements, terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such
operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission. The permittee
must also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.
Pan II
Page 8 of 14
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit.
4. Byl2assing of Treatment Facilities
a. Definitions
(1) 'Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or operating
mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which -does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against
a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
Part II
Page 9 of 14
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent Iimitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with such
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part Il, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal regulations
governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit
is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources, standby generators or retention of inadequately treated effluent.
Part II
Page 10 of 14
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or
alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case
of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the
accuracy of the measurements are consistent with the accepted capability of that type of device.
Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%
from the true discharge rates throughout the range of expected discharge volumes. Once -through
condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in
Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40
CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified
in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving minimum detection and
Pan II
Page 11 of 14
reporting levels below permit discharge requirements, then the most sensitive (method with the
lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine of not
more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f . The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location.
Part II
Page 12 of 14
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess
of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a)
(1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
.requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2
of this permit) or forms provided by the Director for reporting results of monitoring of sludge use
or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
Pan II
Page 13 of 14
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under paragraph
b. above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part Il. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next working
day following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance
through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Part II
Page 14 of 14
Persons reporting such occurrences by telephone shall also file a written report in letter form within
5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division of Water Quality. As required by the Act, effluent
data shall not be considered confidential. Knowingly making any false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or
in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other .document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Water Quality and written approval
and Authorization to Construct has been issued.
B. Groundwater Monitoring
The pernvttee shall, upon written notice from the Director of the Division of Water Quality, conduct
groundwater monitoring as may be required to determine the compliance of this NPDES permitted
facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:
a.That any activity has occurred or will occur which would result in the discharge, on a routine or
frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter (100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and
one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine
or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels"; ,
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the
Division.
A. The pernuttee must pay the annual administering and compliance monitoring fee
within.30 (thirty). days after being -billed- by the Division... Failure to pay the fee in
a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Ihvision to initiate action to revoke ;thee per if.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
cam --
Mr. Verlis E. Miller
P.O. Box 916
Lincolnton, North Carolina 28092
Dear Mr. Miller:
A Ar41
ENVIRONMENT, H ITH,
& NATURAL RESOURCES
June 26, 1995 JUN 28 1995
f11V1Si0% OF ENVIRONME47AL BAAAGEMENT
Subject: NPDES Permirsusiice EGIOIIAL OFFICE
Permit No. N00023761
National Fruit Product Co., Inc.
Lincoln County
In accordance with the application for a discharge permit, the Division is forwarding herewith the
subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is
made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be
followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Ms. Susan Wilson at telephone
number (919)733-5083, extension 555.
Sincerely,
Original Signed By
David A. Gobclrl�t
A. Preston Howar , r., P.E.
cc: Central Files
Mr. Roosevelt Childress,EPA
Permits and Engineering Unit
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-7335083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 100/6 post -consumer paper
Permit No. NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Mangement Commission,
and the Federal Water Pollution Control Act, as amended,
National Fruit Product Company, Incorporated
is hereby authorized to discharge wastewater from a facility located at
off US Highway 155
north of Lincolnton
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, and III hereof.
The permit shall become effective August 1, 1995.
This permit and the authorization to discharge shall expire at midnight on July 31, 2000.
Signed this day June 26, 1995.
Origka! Sited P,,
David .k
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Mangement Commission
PART
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Part H
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
WIN V s ► YY o .
The Director of the Division of Environmental Management.
Means the Division of Environmental Management, Department of Environment, Health and
Natural Resources.
3. Emc
Used herein means the North Carolina Environmental Management Commission.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. Mass/Day Measurement
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured, divided by the number of daily discharges sampled and/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported. The limitation is identified as "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified as "Weekly Average"
in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during
a calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as 'Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the permit.
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DECLINATION AT CENTER OF SHEET
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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0023761
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Discharge Limitations Monitoring Requirements
L s d Units (specify) Measurement
SamPIR
*Sample
Mon. Avg. Daily Max Mon, AVq. Daily Max. Frequency
Tvge
Location
Flow
Monthly
Instantaneous
E
Temperature
Monthly
Grab
E, U, D
Total Residual Chlorine—
Monthly
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8 degrees
C and in no case cause the ambient water temperature to exceed 32 degrees C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
sample.
There $hall be no discharge of floating solids or visible foam in other than trace amounts.
Permit No. NC0023761
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Inc.
is hereby authorized to:
1. Continue to operate an approximately 800,000 gallon earthen holding basin located at National
Fruit Product Company, Inc., US Highway 321, north of Lincolnton, Lincoln County (See
Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Carpenter
Creek which is classified Class WS-IV waters in the Catawba River Basin.
Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
1. Permit Issuing Audwrity
The Director of the Division of Environmental Management.
�Du §, j eI
Means the Division of Environmental Management, Department of Environment, Health and
Natural Resources.
MINN
Used herein means the North Carolina Environmental Management Commission.
4. Act ar" "
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. MassMay Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which I daily! discharges are bampled
and measured, divided by the number of daily discharges satapled pd/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported. The limitation is identified as "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mea# found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified ,as "Weekly Average
in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during
a calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge. This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which -daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the permit.
Part II
Page 2 of 14
• • •sc•• s
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar month
on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in
Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of
the daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted by
flow value) of all the samples collected during that calendar day. The average weekly count
for fecal coliform bacteria is the geometric mean of the counts for samples collected during
a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration, other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily
discharges sampled and/or measured during such year (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average yearly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar year. This limitation is identified as "Annual Average" under "Other Limits" in
Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount
of dissolved oxygen required to be available in the effluent prior to discharge averaged
over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the
sample is considered to be the "daily average concentration" for the discharge. It is
identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
Part II
Page 3 of 14
7. Other Measurement
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded
during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility. Flow
shall be monitored continually except for the infrequent times when there may be no flow
or for infrequent maintenance activities on the flow device.
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the
sampling point. Flow measurement between sample intervals shall be determined by
use of a flow recorder and totalizer, and the present gallon interval between sample
collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of
flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time
of greater than 24 hours. In such cases, effluent grab samples may be collected at time
intervals evenly spaced over the 24 hour period which are equal in number of hours to the
detention time of the system in number of days. However, in no case may the time interval
between effluent grab samples be greater than six (6) hours nor the number of samples less
than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of
the individual values where N is equal to the number of individual values. The geometric
mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
Part II
Page 4 of 14
c. Weighted n Flow Value: vs eflow value means the vn of s
ach
concentration times its respective flowdivided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
1. Dutyto COMPLY
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of $5,000
to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
Part II
Page 5 of 14
Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
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.
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and 'Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.E 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.
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.
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or OffshoreConstnur;on
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.
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit or to determine compliance
with this permit. The permittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this permit.
Part II
Page 6 of 14
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.
1 .t•.•:r-•M • 82711MOIN
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.
i _aM. •. R-•_
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
Part II
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
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.
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.
10,i- •
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions, requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
IN M211,090
• .•i•- •1
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete.
Part II
Page 8 of 14
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) 'Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c . Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part 11, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part II
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this
permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of the United States. The permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,
any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40
CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the
Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the
regulation, even if the permit is not modified to incorporate the requirement. The permittee
shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal
practices.
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent.
1. ReRresentative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2,
3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the
case of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once -through condenser cooling water flow which is monitored by pump
logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
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.
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all
monitoring information, including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of all reports required by
this permit, for a period of at least 3 years from the date of the sample, measurement, report
or application. This period may be extended by request of the Director at any time.
• • •
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part II
Page 12 of 14
8. Inspection and EntU
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and
other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Part H
Page 13 of 14
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.
D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using
test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been convected, the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part IL E. 5 and 6.
of this permit at the time monitoring reports are submitted. The reports shall contain the
information listed in Part II. E. 6. of this permit.
Part H
Page 14 of 14
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
• • . u •, •M
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels';
(1) One hundred micrograms per liter (100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
D. ReQuirement-to — - _ - Alternatives »•�Wastewater tiY•hf%ir'']
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
most environmentally sound alternative of the reasonably cost effective alternatives. If the
facility is in substantial non -compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within
sixty (60) days of notification by the Division.
Part III
Permit No. NCO023761
E. Biocide Condition
The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
accordance with 15A s after being
2billed H .0105the Division. Failure (b)(4) may causetthis Division o inithe fee in a tiate action o er in
revoke the permit.
Permit No. NCO023761
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Mangement Commission,
and the Federal Water Pollution Control Act, as amended,
National Fruit Product Company, Incorporated
is hereby authorized to discharge wastewater from a facility located at
off US Highway 155
north of Lincolnton
Lincoln County
to receiving waters designated as Carpenter Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, and III hereof.
The permit shall become effective
This permit and the authorization to discharge shall expire at midnight on July 31, 2000.
Signed this day
- to� �6
A. Prest Jr., P.E., Director
Divisi Ebs4tbnmental Management
By Autho the Environmental Mangement Commission
Permit No. NC0023761
SUPPLEMENT TO PERMIT COVER SHEET
National Fruit Product Company, Inc.
is hereby authorized to:
1. Continue to operate an approximately 800,000 gallon earthen holding basin located at National
Fruit Product Company, Inc., US Highway 321, north of Lincolnton, Lincoln County (See
Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Carpenter
Creek which is classified Class WS-IV waters in the Catawba River Basin.
jl' 3V '
r
350 30' — i ; — - _ „ —
81 ° 15' 178 LINCOLNTON 1.7 MI. 4179 -480 11 340 000 F E ET 12' 30"
GASTONIA 20 Mi.
yoo` Mapped, edited, and published by the Geological Survey
Control by USGS and USC&GS
J MN!
�0u� Topography by photogrammetric methods from aerial
0V v 5 photographs taken 1966. Field checked 1970 GN
Polyconic projection. 1927 North American datum 3-
�` 10,000•foot grid based on North Carolina coordinate system, 53 MILS 0.07
1000•meter Universal Transverse Mercator grid ticks, 12 MILS
zone 17, shown in blue
Fine red dashed lines indicate selected fence and field lines where
generally visible on aerial photographs. This information is unchecked UTM GRID AND 1970 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
NC 404? 711
li�co/n Lou/I�/
1
A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
Permit No. NC0023761
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Discharge Limitations Monitoring Requirements
Lbs/day Units (specify) Measurement
Sample
*Sample
Mon. Avg, Daily Max Mon, Avg. Daily Max. Frequency
Type
Location
Flow
Monthly
Instantaneous
E
Temperature
* * * * Monthly
Grab
E, U, D
Total Residual Chlorine***
Monthly
Grab
E
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER.
* Sample Locations: E - Effluent, U - Upstream, D - Downstream
** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8 degrees
C and in no case cause the ambient water temperature to exceed 32 degrees C.
*** Monitoring requirements only apply if chlorine is added to the cooling water.
The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See
Part III of this Permit).
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Part III
Permit No. NCO023761
E. Biocide Condition
The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior
to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic
life other than those previously reported to the Division of Environmental Management. Such
notification shall include completion of Biocide Worksheet Form 101 and a map locating the
discharge point and receiving stream.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
VERLIS E. MILLER
NATIONAL FRUIT PRODUCT Company, Inc.
P.O. BOX 916
LINCOLNTON, NC 28092
Dear Permittee:
,Tk?W,A
IT
NCDENR
NORTH, L:?OEftfA FkV RTMENT OF
ENVIRONM gsarvuqW�50URCES•
December 7, 1999 liC�
are
I117S6aN
Subject: Renewal of NPDES Permit NCO023761
NATIONAL FRUIT PRODUCT Company
LINCOLN County
The subject permit expires on July 31, 2000. North Carolina Administrative Code 15A NCAC 2H.0105(e)
requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit.
To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than
February 2, 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least
$250.00. Larger penalties may be assessed depending upon the delinquency of the request.
If any wastewater discharge will occur after July 31, 2000 (or if continuation of the permit is desired), the
current permit must be renewed. Operation of wastewater treatment works or continuation of discharge after
July 31, 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil
penalties of up to $25,000 per day.
If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert
Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact
the Mooresville Regional Office at (704) 663-1699 to begin the rescission process.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must
submit with the permit renewal application. If you have any questions, please contact me. My telephone
number, fax number and e-mail address are listed at the bottom of this page.
Sincerely,
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719
VISIT Us ON THE INTERNET @ hftp://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net
NPDES Permit NCO023761
NATIONAL FRUIT PRODUCT Company, Inc.
LINCOLN County
The following items are REQUIRED for all renewal packages:
❑ A cover letter requesting renewal of the permit and documenting any changes at the
facility since issuance of the last permit. Submit one signed original and two copies.
❑ The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
❑ If an Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit) prepares
the renewal package, written documentation must be provided showing the authority
delegated to the Authorized Representative.
❑ A narrative description of the sludge management plan for the facility. Describe how
sludge (or other solids) generated during wastewater treatment are handled and
disposed. If your facility has no such plan (or the permitted facility does not generate
any solids), explain this in writing. Submit one signed original and two copies.
The following items must be submitted ONLY by Industrial facilities
discharging process wastewater:
❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the
Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in
accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of
February 2, 2000, submit the application package without the PPA. Submit the PPA as
soon as possible after February 2, 2000.
The above requirement does NOT apply to municipal or non -industrial
facilities.
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee
required with your application package.
Send the completed renewal package to:
Mr. Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617