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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• # .Y •• / �l i`--;� /^�\\ � yam\ " lr � • p DISCHARGE LOCATION a 800 3. ray 900 L 0 / �:: It i � J i\ � \ r � ✓ \ � o V, 1\ . 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 Page 3 of 16 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)] Version 612012003 NPDES Permit Requirements Page 4 of 16 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. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi: permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the 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] Version 612012003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. / 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 Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (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 Version 612012003 NPDES Permit Requirements Page 8 416 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 Version 612012003 NPDES Permit Requirements Page 9 of 16 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; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 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. Version 612012003 NPDES Permit Requirements Page 11 of 16 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 Version 612012003 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by 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 Version 612012003 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. Version 612012003 NPDES Permit Requirements Page 15 of 16 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) Version 612012003 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 k, ��� .T 900 y� I , � �• � ,J ;Iona � • •.� 1016 1 - pisc Opp i 1 , _ ,; _. - aoo % J �' J ], - c... - �: -� _ 1� •., 6 �� ' � fin\ , �-��- -�! � � �, � � •' 4— �.:• O I �.,. 1 . -, . Chapel r Rn,xrs 900 Ll jam.. {� 1.i- ,M�� vnylap pr gs 0 4JJ or9' �e � f � �f Q i • Il'� 1003 t1 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 I-0Cdll 10AJ N )+P C.EpL6(%'CA L •grOr_ra 2c ,Hr 5 Utz JE/ r,AAA SI' 14 33 Mapped, ed,ted, and published b the Geological y g lN'A-,,,WAL- Control 5y USGS and US--&GS N 3 S 3 0 - `'/v91"D S S t Ak-Do, hD1 -- SCALE 1.24000 CoLAt 1 Aj-rY 1 0 I "''`` �N AJOfZTr1 C1DUAli II; _ 1000 0 1000 2rc-) 3000 4000 5000 6000 7000 FEET Id 53 —L5 i�' =• �� 1 5 0 1 KILOMETER MILS I: CONTOUR INTERVAL 20 FEET DATUM IS MEAN SEA LEVEL L:-M ARID AND 1?'n MAGNETI:' NCOTH 'ECLiNA: iCN AT CENTER OF SHEET N. C. DEP1; O F NATUSUZ REURCF COMMUAX-ry DEVXLOF "T �• . L ..,,.� 4 1991 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. 900 �N /. J� % : ' V .�J `• l '•• \� !i _ _ i is . .�/ -"` r\ .ti�. '.. i• Cur P •i9�?�r `�• \, 1 •� 1�,1 '�r � �'' "fie • ' '�• .. r �I`'���' u -- � �st2ti934 on.r 900 —900 v ;:I:r• is •o� '• �, �` x '..' � \ V �I �, l ,ore.: _ 900 r BSc-r�� 7, L\�/' n.1/ ' j�l. j; R' 900777� 4 800 % / UChapel �. •fit:. I•Il � 1 � � •'F,7 ` .'r :a ---- I '18 ti• 15 180 000 FEET 12'30" '8' rc d ledited, and publishec --,,the Geological Survey by USGS and USC&GS f'j I i � ,,* � -�� �_�_� O ✓1 C. ! It t T 1000 0 ::co 2( Ptly by photogrammetrlc ,ronl arllai GNP—� t 5 aphs taken 1966 Frelo •-�d 1970 23 (O 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 o rt N rt Vrt H ,' 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� // \. ( p \ /, ri•'• t,or�P ,jig l6 s — � I Y 900 1016 4- 1l •t,,, �� IN 'f ri"C V F IX :�:�•—J �V%� J 9 800 1 err'- \ ---•� _✓. �% _ C r r• � I p,.t (- _ M - ' _ I' �' .\ /—_. •.• j _ Y•q ao'SPr ngs \)lh,-' �. --- �.:. -)po FEET 12' 30" jledited. and pubiiShec _; the Geological Survey toot �yUSGSand uSC&GS r, �' ' =`-�---= cr. o N G shy by photogrammetnc :•.. 'Phs taken 1966 F,elr; -•�d 1970 Al /• OO E,14 S 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 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 i r Jo•' * I MN� —� lone IGN S/ MIISI� 0'0/ I� 1 Nlli 'v i d sa STArt' � E D GuM vd' ##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 O 006-A5,330 -�v. y 75. 0 v veoe �d SL/6Z/S:LI0Z=L0E u:w:-S:IKIt'JkL1 � ao3e-.3sTuTmPy' TsuoT�ac a a • g s�os 'sznoL LTazaouf-S `9Q5£-9Z5/hQh Zp u° 'Z TaatToTT4 ' z'rt tuT:oe3uoo Lq pau fa3go aq Lenz eaa3ze-�. T88aT pue saznpaoozd jeanbaz aq2 uo u0T38mz0;U! 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Al N O 1 D 3 2i "�'b° °• L l O A:)N3E)V N0113310ad -IVIN31NNO2:HAN3 S31VIS Q3111wn t 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. A 32'30" V 000--Q. A "32 1.)J7 n re 01' A /6 :r "31 sue• Lo/ dap SOC -0000 V FEET .1338) TIP orses 77� Li cc) E L 0 39ig 0 - IM I COM 0 B ethel Ch w0 1000 007 NY --ft1ft �. V A eatq,f 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. Y \ SIR, � ,.^r y, � i t i0 3". • _ram 393 ndre I = �.Q, // � • a ��j I r• I `9� I 1 Ij 3931 5A Nry- orses e775 rT C �l (/\J o 0 im :.�fl Bethel Ch � l\i . � r -+,•r � p �� � low vao7 ^"�_`\ ! s. nv!• \ L`t'^vi! :11 � '=w:' � �;�:o •: cal l� � ,tee 35' 30' 1 est •ti - a d -�� 81' 15' 3J8 LINCOLNTON 1.7 MI. 479 480 ^ 11340000 FEET 12'30" GASTONIA 20 Mr. Mapped, edited, and published bythe Geological Survey `.� Control by USGS and USC&GS * E MN; �0 Topography by photogrammetrlc methods from aerial photographs taken 1966. Field checked 1970 jGN� Polyconic projection. 1927 North American datum 3- �` 10,000-foot grid based on North Carolina coordinate system, 53 MISS ! 0•07 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 generally visible on aerial photographs. This information is unchecked UTM GRID AND 2970 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET _ NC 76 / lir�co% �'ou/I 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