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HomeMy WebLinkAboutNC0048305_Regional Office Physical File Scan Up To 1/7/2021A47LA - NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John Skvarla, III Governor Director Secretary David Moore, President Fendrich Industries, Inc. P.O. Box 1579 Tryon, North Carolina 28782 December 20, 2013 RECEIVED Division of Water Resources JAN 1 4 2013 Water Quality Regional Operations . Asheville Regional Office Subject: Issuance of NPDES Permit NCO048305 Carolina Yarn Processors 250 Scriven Road, Tryon Polk County The Division of Water Resources (DWR or the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued.pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. Changes to. your Previous Permit and Renewal Draft. After further review of treatment processes for this issuance final, the Division has added pH monitoring to all outfalls [see sections A. (1.) and A. (2)]. Because the monitoring tables were identical, the Division has combined them into one table for Outfalls 001 and 002 [see permit Section A. (1.)]; we trust this serves to simplify your permit. We have also updated your facility description and facility map for your convenience. Electronic Discharge Monitoring Reports eDMR). Please be advised that the Division will implement an electronic Discharge Monitoring Report (eDMR) program in accord with pending requirements by the Environmental Protection Agency (EPA). We have included the details required to implement the eDMR program in this permit [see Special Condition A. (3)]. Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a system to receive such submittals, Permittees must then submit eDMRs directly to EPA. For information on eDMRs, registering for eDMR submittal, and obtaining an eDMR .user account, please visit the DWR webpage: http://portal.nedenr.org/web/Wq/admin/bog/�l�u/edmr. 1617 Mail Service Center, Raleigh, North Carolina.27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterqualiV.org 4, issuance of Permit NCO089435 For the proposed Martin County WTP For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2.epa. ov/com lip ance/proposed-npdes-electronic-reportin -rule If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable,. you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and you must file it with the - office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. This permit is not transferable except after notifying the Division of Water Resources. The Division may require permit modification, or revocation and re -issuance. Please note that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. If you have questions, or if we can be of further service, please contact Joe R. Corporon, L.G. ROC at [ioe.corporon@ncdenr.gov] or call (919) 807-6394. Y, .L nun1QJ t]. Reeder Enclosure: NPDES Permit NC0048305 (Issuance Final) cc: Central Files FARO/SWPS Chuck Cranford (Assistant Regional Supervisor) NPDI `S`Program File` — -- �" ec: ARO, Linda Wiggs, Chuck Cranford [ktucker@cypyarn.com] U W:7 R Dim vision of Water Resources f Permit NC0048305 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPa-- 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, Fendrich Industries, .Inc. is hereby authorized to discharge wastewater from a facility known as Carolina Yarn Processors 250 Scriven Road, Tryon Polk County discharging to receiving waters designated as an unnamed tributary to the North Pacolet River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February .1, 2014. This permit and authorization to discharge shall expire at midnight on July 31., 2018. Signed this day December 20, " 5; � 1 �17 To, . Reeder, Director YMision of Water Resources -By Authority of the Environmental Management Commission Page 1 of 5 Permit NC0048305 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 described herein. Fendrich Industries, Inc. is hereby authorized to: 1. continue to operate a wastewater treatment system for non=pr6cess-contact wastewater (averaging 4,181 gallon per month) applying conventional water treatment plant (WTP) technology comprised of. • primary sedimentation basil [145K gallons; settling additives (polymer) and pH control (caustic) applied; sediment build-up flushed as needed via the flow EQ and sandfilter beds • flow -equalization (EQ) chamber • sand filter beds [discharge via Outfall 001] • secondary sedimentary basin [92K gallons; no additives; discharge via Outfall 002] • filtration system [8K gallons; backwashed/discharged as needed via Outfall 003] these facilities located at Carolina Yarn Processors, 250 Scriven Road, Tryon, Polk County, and 2. discharge from said treatment works via Outfalls 001, 002 and 003, at locations specified on the attached map, into an unnamed tributary to the North Pacolet River [Stream Segment 9-55-1-(10)], a waterbody currently classified C waters within Subbasin 03-08-06 of the Broad River Basin. Page 2 of 5 Permit NC00483 05 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge via Outfalls 001 (primary sedimentation basin) and Outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFITJENT CHARACTERISTICS_.. ;[Pa"ra�neter.Code] LIIVIITS MONIT©RTNG REQUIREIVIENTS' Monthly :Aver age Daily ;Maximum Measurement, • Frequency - � Sample Type' Sample Location 2 Flow 50050 Weekly Instantaneous Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/1\4onth Grab Effluent Settleable Solids 00545 0.1 ml/L 0.2 ml/L Weekly Grab Effluent pH 00400 Not < 6.0 or > 9.0 s.u. Weekly Grab Effluent Iron 01045 Weekly Grab Effluent Aluminum 01105 Weekly Grab Effluent Turbidity 3 00070 Weekly Grab U & D Footnotes: 1. No later than 90 days from the permit effective date, begin submitting discharge Monitoring Reports electronically using NCDWR's eDMR application system: See Special Condition A. (3.) 2. Upstream [U] = at least 50. feet upstream from the outfall. Downstream [D] = at least 50 feet downstream from the outfall. 3. Discharge shall not cause natural receiving -stream turbidity to exceed 50 NTU. If natural, instream turbidity exceeds 50 NTU, this discharge shall not cause instream turbidity to increase. Conditions: 1. All samples collected shall accurately represent a discharge event. 2. The Permittee shall discharge no floating solids or foam. A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from Outfall 003. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFh?LUENT CHARACTERISTICS_ [Parameter Code], LIlVIITS 1VI MTORING REQ JIREM_ ENTS .1. Monthly; Average Daily, ;Maximum ; Mea"sure[nenb:' Trequp"y, 77 Sample ,Type Sample LocatioxO Flow 50050 Quarterly Instantaneous Effluent - Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Settleable Solids 00545 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent' H 00400 Not < 6.0 or > 9.0 s.u. Quarterly Grab Effluent Iron 01045 Quarterly Grab Effluent Aluminum 01105 Quarterly Grab Effluent Turbidity 3 00070 Quarterly Grab U & D Footnotes: 1. No later than 90 days from the permit effective date, begin submitting discharge Monitoring Reports electronically using NCDWR's eDMR application system. See Special Condition A. (3.) 2. Upstream [U] = at least 50 feet upstream from the outfall. Downstream [D] = at least 50 feet downstream from the outfall. 3. Discharge shall not cause natural receiving -stream turbidity to exceed 50 NTU. If natural, instream turbidity exceeds 50 NTU, this discharge shall not cause instream turbidity to increase. Conditions: 1. All samples collected shall accurately represent a discharge event. 2. The Permittee shall discharge no floating solids or foam. Page 3 of 5 Permit N00048305 A. (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division intends to adopted and implement these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part H of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting f Supersedes Part II, Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 90 days from the effective date of this permit, the Permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), Permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service .Center Raleigh, North Carolina 27699-1617 If a Permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 5 } Permit NCO048305 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htt2://portal.nedehr.org/web/� edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Si6natory Requirements fSupplements Part H, Section P. (11.) (b) and supersedes Section P. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reportirig.purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.nedenr.org/web/wq/admin/bog/ipu/edmr Certification. Any person submitting as electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: U certify, under penalty of law; that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. it 3. Records Retention [Supplements Part H, Section D. (6.)] The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 i k, yJr` ' i l _41 k, 71, NC Hwy Jyp,`°, r Y ALL. t` ,;,� ,„,�' t �,• TJT to North Pacolet _ •-' *,,,,1' _ •'�. `-� River "r-gSz.. r •, �+'t; (flows east) 'Scrtve n *�• :. '�. --.,. ;� • _ _ .:Outfalls 002 and Q03 (flow Ej 1 3, �_.g--w,•� tr •� �" �?r'. �` Lat3 ". � > "' ` �' 5, ' Long 82, 14' 09" Boundary � � ♦ � a`' -., � ', '' "—.�,' - �'``• Outfall 001 f (flows E) • �, ,• � A. v NC Hwy 176 ;, � � _ • •:,�- s . , V Fendrich Industries, Inc. Carolina Yarn Processors, Trion State Grid/Quad: G10NW / Landrum, SC , Sub -Basin: 03-08-06 Permitted Flow: not limited Stream Class: C Receiving Stream: UT to North Pacolet River Stream Segment: 9-55-1-(10) Drainage Basin: Broad River Basin RUC: 03050105 !;DES Permit Standard Conditions Page l of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice -per month with at least ten calendar days between sampling events. These samples shall) be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The.period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically., Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab, samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 JPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. J Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the -Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011 ,DES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time'required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic "mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) . The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes ;them to become inoperable; or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, -or careless or improper operation. Weekly Average (concentration limit The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application'[40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) 'of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 WDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or. both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class R violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be 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 1110912011 'DES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated -facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011 WDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year, and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 T^ �, 11---;DES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. . The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection'system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 ?DES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part H.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 ;'DES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected . and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout theyange of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division..Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http-//portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the. appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achievingminimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by 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 122.411. Version 1110912011 1PDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, . or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reportine Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 ! DES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results'of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall.contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. " b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: , a. Any occurrence at the water pollution control facility which results in -the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in aby=pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 iPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 %�{DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee. shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal. system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specificationsfor the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from.the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facilitywith 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 ofthe following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would'result in any discharge, on a non -routine or infrequent basis; of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); ' (2) One milligram per liter (1 mg/L) for:antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prioi to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to.prevent adverse impacts to waters of the State. This permit' cannot be rescinded while any activities requiring this permit continue at the permitted facility. - • - 1. 1,; . - I . Version 1110912011 _ -PDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations; or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)1: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment.standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's, sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 "DES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control' of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Pernttee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to. implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time'the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 :fPDES Permit Standard Conditions -� Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements).'Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections' 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the -implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.' [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.446)(1)], including identification of all 'Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU: Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every.five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks. Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the ,Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 0211.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 'DES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [I5ANCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all, Significant Industrial Users (SIUs) at least once per calendar year for all S& permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoringand nd Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.446)(2) and 40 CFR 403.12], 9. Enforcement, Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other; shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a. partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a. Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011 IDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service -Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance'with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs ,in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs; and any other information, upon request, which ,in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's, Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.:12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 02H .0114 and 15A NCAC 02H ,0907. Version 1110912011 FACILITY INFORMATION: 3;+ii C ©0 4 ®3 0 J -------------------- r '. %NAME: Carolina Yarn Processors CLASS 0 TYPE 0.245 surface water treatment facility consisting of primary and secondary sedimentation basins, flow equalization, ploymer feed systems, sand filter beds, filtration, and pumps A to C issued: 7-23-81 LOCATION 400 Scriven Road, Tryon, NC RESPONSIBLE OFFICIAL Steven Silvia. President Ken Tucker, Director of Manufacturing MAILING ADDRESS PO Box 1579, Tryon, NC 28782 PHONE NUMBERS: ------------- 704-859-5891........ Ken Tucker, Director of Manufacturing Scott Fancher, Maintenance Supervisor (5/198) OPERATOR INFORMATION: -------------------- OPERATOR IN RESPONSIBLE CHARGE: not required - Class 0 facility (by definition: the Commission elected not to classify; unless there's a problem; per Tony Arno9ld 10-1-98) PERMIT INFORMATION: NPDES PERMIT NUMBER DATE ISSUED EXPIRATION DATE DEADLINE FOR PERMIT RENEWAL STREAM: NC0048305 April 1, 1994 December 31, STATE X FEDERAL NAME unnamed tributary to North Pacolet River CLASS "C" in the Broad River Basin SUMMER 7Q10:_0.5cfs_WINTER 7Q10: 10 CFS 30Q2: IWC: o SUB -BASIN BROAD (030806) DRAINAGE AREA:_1.4 SQUARE MILES LATITUDE: 35 12'54" LONGITUDE: 82 14' 14" USGS QUAD# G 10 NW RIVER BASIN# 03-08-06 002 & 003 LATITUDE: 35 13103" LONGITUDE: 82 14'11" OTHER INFORMATION: ----------------- fo rmer mailing address: PO Drawer A, Tryon, NC 28782 �O�C wATF9Q . n %� Michael F. EaslOGovernor . �O G. William G. Ross Jr., Secretary . rNorth Carolina Department of Environment and Natural Resources _ . p Coleen H. Sullins, Director Division of Water Quality August 26, 2008 Mr. Steve Silvia, President Carolina Yarn Processors _ P.O. Box 1579 Tryon, NC 28782 . _ Subject: Issuance of NPDES Permit Permit NC00048305 Carolina Yarn -Processors WTP - Polk County Dear Mr. Silvia: Division personnel have reviewed and approved your application for renewal. of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final NPDES wastewater discharge permit contains no major change from the draft permit submitted to you on July2, 2008. 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 Agyeman Adu-Poku at telephone . number (919) 807-6405. Sincerely;/ V Coleen H. Sulh ID - cc: Central Files �� NPDES File SEA•: 2 2008. s ey111Regional Q ices/aceWater Protection ASHEUILL&-PEGIONAL OFFICE C13 _:. • NoithCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone 019) 807-6405 Customer Service Internet: www.ncwaterquality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6495 , 1-877-623-6748 An Equal Opportunely/Affirmative Action Employer— 500% Recycled/1 0% Post Consumer Paper Quad: Landrum, S.C. Latitude: 35"12'54" (001) N 0 0 0 4 8.3 0 5 3S'13'03" (00z & 003) Carolina Yarn Processors Longitude: 82"14'14" (001) 82"14,11„ (002 & 003) Receiving Stream: UT North Pacolet River Stream Class: C Subbasin: 30806 x270-T Facility �►r r��, Location ,:;fir,; .a North SCALE 1:24000 Permit NC0048306 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OOi) During the.period beginning on the effective date of this perinit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001 (primary sedimentation basin). Such discharges shall be limited and monitored by the Permittee as specified below EFFLUENT�1 � .,`° rye=y-r;� K 'LIMIT$ `Y f xk� { J'+ � �v { `'MONI,TORING REQUIREMENTS •3' ii�" .f. i r..:. 5'iSi td ;.f.^,t�F�"�2n2'Fs'StT.'�.�-�'t GHA�tACTERISTICS ,:¢�*yz t��� �z143A x�=nx 4 , :INonthl 't yes Y. �Y�S ,Dail ,t '` Measurement Sam Ie T e G:x PY,y anp�e Location of > � � y� 1Y u a .0 P Average:_,...3N�aximum6 , � Fie uenc Flow Weekly Instantaneous Effluent. Total Suspended. Solids 30.0 m /L 45.0 m /L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity2 Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Aluminum - Weekly Grab Effluent . Footnotes: 1. Upstream F at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored by the Petmittee as specified below: _ eEFFLUEN, k 3, ' s" '� '�w� LIMITS e. �ir,.�#���ki�:L:4��-.'4d»s+'^r'� "� :'� 10.iRMx r MONITORING REQUIREMENTS ° e t `a;, Wi�};Y3y Tt`,a ..,y, s' t k f su r �� t zz � h � C�fARACTERISTiCS� " r �' 'fix.. K -'�-^� �.: s. �i.F e �Ff r" 5 � ., r r � tk5 r 'Y ' . ''io j-:i'A�'� o +t xt a i , y..er. 1 yF'CT. "f `-C k.., : S:ifi a Xf` Y i,+i- 3t�>;Y}i J3 f?`E it�,�d �x 7J F{3�n.`�" }elr.lS3l,A -�£-AMt.`.votxer IOyMail .<ifi.'m.�. /1 .ledLo�, caFut4 ios. nt f-� "y�R;i:,t�s'x.�A'��de'�X .Ul t C.�`-'i� < �u.iYm-�U•�%.. 6:,i"6i Fr:.�e �.�uYSke�in<cc .3uy.,sifK'�^ 37:y. £t5f�' •Yyt 'f }rr iKf A" iP ;4Ym �St �• R F'x.•���\',1 �i ;l£ �ri�.5�: k i �,'S6, .. ahe: t r.„�:q :,. �i � ( � ,; ;� .F> .. ..r�,��h� . � E ..: K.`.: Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m /L 2/Month Grab Effluent Settleable Solids .. 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity2 Weekly Grab Upstream&'Downstream Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instreani turbidity excPrdc 50 N T f l due_tpnaturaU2ackgtoi�ndson itions, eAscharge_cannat_�afjse turbidity to increaSe_in_th"eceiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO048305 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is, authorized to discharge filter backwash from outfall 003 (filter backwash). Such discharges shall be limited and monitored by the Permittee as' specified below EFFLGENT c f ` `r , n ;3 LIMITS@ x ,fONL,T,ORING REQUIREMENTS CHARyyACTERISTICS y�"yf 4 t f �z � g:�,�.r.3 :aa`W7.fi3't..:t�.p''' Y-S 0�- � yfi*�Y�,.,2�4 ; : ,? t J< < Monthly, r tr Dailyu� 5�� > Measurement Sam le T e 1 P YPi Sample Location , (Y Maximurnb.,,+, $ ,Rn .... fi tF F,re .. uency,. Flow - Quarterly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m /L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream & Downstream Iron Quarterly Grab Effluent Aluminum Quarterly Grab Effluent 'DES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR. NPDES PERMITS. Section A. Definitions 2/Mond-1 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. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for.'purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January .through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters -Version 1011012007 IDES Permit Standard Conditions Page 2 of 16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 10/10/2007 ~ DES Permit Standard Conditions Page 3 of 16 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. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit), The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307 (a) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Co= 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 Version 1011012007 'DES Permit Standard Conditions Page 4 of 16 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)] d. Any person who knolvih 9violates 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)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $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 with a reasonable likelihood of adversely affecting human health or the environment_[40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, _even though the responsibility for effective compliance may be temporarily suspended. Version 1011012007 DES Permit Standard Conditions Page 5of16 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, not does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-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]. Version 10/10/2007 'DES Permit Standard Conditions Page 6 of 16 b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Tide 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by.the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 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]. Version 10/10/2007 CIDES Permit Standard Conditions Page 7 of 16 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 five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 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)]. 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 (in) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it, also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass.. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) 'There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. Version 1011012007 n �j ?DES Permit Standard Conditions Page 8 of 16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance'with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that 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) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and -time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 10/10/2007 47 ___�)ES Permit Standard Conditions Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is_due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and` all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements 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. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by. this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting. level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. - Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at. least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation Version 1011012007 PDES Permit Standard Conditions Page 10 of 16 ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; 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 [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or 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, not to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any .planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. Version 1011012007 r { )DES Permit Standard Conditions Page 11 of 16 4. Transfers This permit'is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates- and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit. such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at -the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Version 1011012007 f 'DES Permit Standard Conditions Page 12 of 16 Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. A_ vailabilit of f Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The 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 $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system,•as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, not add to the plant's treatment capacity, nor change the treatment process (es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge; on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; Version 1011012007 DES Permit Standard Conditions Page 13 of 16 (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to .the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to'prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs-must provide adequate.notice to the Director of the following: 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; Version 1011012007 'DES Permit Standard Conditions Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program • for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO), The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (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 Pemiittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis A) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. 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. Version 10/10/2007 DES Permit Standard Conditions Page 15 of 16 5. Industrial User Pretreatment Permits (IUPi & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial. users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (EEZ The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports ARl 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 27.699-1617 Version 10/10/2007 'DES Permit Standard Conditions Page 16 of 16 4 i 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 SummaU (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) 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 Pennittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial . Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 211.0114 and 15A NCAC 2H .0907. Version 10/10/2007 OF W ATFR _ Michael F. Easley QAA Governor 7 ®�a William G. Ross, Jr., Secretary j [ NCDENR North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director pN r Division of Water Quality October 6, 2003 I' Mr. Steven Silvia � h�� Lm 2003 Carolina Yarn Processors P.O. Box 1579 ,+ 4uri _ `OUAILI41` ti - '�r if �l(.:-i= I�S�a6f;it ';'l• Tryon, North Carolina 28782 Subject: Issuance of NPDES Permit NC0048305 Carolina Yarn Processors Polk County Dear Mr. Silvia: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on July 30, 2003. 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 Tom Belnick Alan W. Klimek, P.E. cc: Central Files Ashe�rlle Regional, Office/Water Quality Section NPDES Unit N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 Permit NCO048305 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 1 1"M 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, Carolina Yarn Processors is hereby authorized to discharge wastewater from a facility located at Carolina Yarn Processors 250 Scriven Road Tryon Polk County to receiving waters designated as an unnamed tributary to the North Pacolet River .in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2003. This permit and auiYiorization-to. discharge shall expire at midnight on July 31, 2008. Signed this day October 6, 2003. pR1GINAL SIGNED BY Tom Belnlck Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0048305 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Carolina Yarn Processors is hereby authorized to: 1. Continue to operate a 0.245 MGD water treatment plant with the following components: ➢ Primary and secondary sedimentation basins ➢ Flow equalization ➢ Polymer feed system ➢ Sand filter beds ➢ Filtration This facility is located in Tryon off Scriven Road in Polk County. 2. Discharge wastewater from outfalls 001, 002 and 003 at the location specified on the attached map into an unnamed tributary to the North Pacolet River, classified C waters in the Broad River Basin. 11 S li\II .'�! VMEbi FaciLity ig LocationMIA yP SCALE ..;. ` Permit NC0048305 /1 � LCrli [Yr o ��sQ rs Per A. (1.) EFFLUEI�T LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001 (primary sedimentation basin). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS; ` LIMITS. MONITORING REQUIREMENTS Monthly Average'Frequency, Daily = Measurement Sample Type " Sample L�ocationt y t a Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstreamn from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT ' ' _ f LIMITS , ' MONITORING REQUIREMENTS , CHARACTERISTICS , Monthly y Daily Measurement Sample:Type ° ` Sample Locatrorii f Average .... - 'Maximum . _.Frequency - Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m /L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidi 2 Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from ,the outfall. 2.' The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0048305 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 003 (filter backwash). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT - ,CHARACTERISTICS LIMITS' MONITORING REQUIIIWENTS; Monthly Average Daily t ' ,Maximum Measurement :Frequency. Sample Type L Sample ocationt Flow Quarterly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m /L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Turbidi 2 Quarterly Grab Upstream & Downstream Iron Quarterly Grab Effluent Aluminum Quarterly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. .All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Requirements Page ] of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar 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 fined 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. GrabGrabSamtile 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 r�. 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 limitl 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. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to 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 �J Page 4 of 16 d. Any person who knozvin� 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)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $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. 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, not 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 this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Du1y 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]: "9 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. 1 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 Pemuttee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility 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 Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (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. U12sets 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 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 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 96 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. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Pernuttee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; . b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; . c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned . physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). 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 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. 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 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. Alwritten 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, in exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass 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 both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III' OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process (es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorin The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (l 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 Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 ^1 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 (POTWsI 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 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 612012003 NPDES Permit Requirements Page 14 of 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: 1. Sewer Use Ordinance (SUO) 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.S.). 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. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) 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 (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (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 SummM (RPS) 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 DSE) 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 Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 612012003 Water Resources ENVIRONMENTAL QUALITY September 29, 2016 David Moore, President Fendrich Industries Inc PO Box 1579 Tryon, NC 28782-1579 SUBJECT: Compliance Evaluation Inspection Carolina Yarn Processors Permit No: NCO048305 Polk County PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director Dear Mr. Moore: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 18, 2016. The facility appeared to be in compliance with permit NC0048305. Please refer to the enclosed inspection reportfor observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Katherine H. Jimison Chemist I Asheville Regional Office Enc. Inspection Report cc: Joel B Burrell, ORC MSC 1617-Central Files -Basement CAfieville`_Fi_ tes--�� G:\WR\WQ\Polk\Wastewater\Industrial\Carolina Yam Processors 48305\CEI.8-18-2016.Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70 Swannanoa, NC 28778 828 296 4500 dStates Environmental Protection Agency Form Approved. A Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transa'ction Code NPDES yr/mo/day Inspection Type Inspector Fac Type I 1 N 1 2 15 1 3 L NC0048305 I11 12 16/08/18 17 ---1 18 I c I 19 I G I 201 . '11 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1f 6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------Reserved--------- 67 72 lN 70 lzJ 71 Lj 73I 74 751 1 1 1 I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:OOPM 16/08/18 14/02/01 Carolina Yarn Processors 250 Striven Rd Exit Time/Date Permit Expiration Date Tryon NC 28782 03:OOPM 16/08/18 18/07/31 Name(s) of Onsite Representative(s)/Ttles(s)/Phone and Fax Number(s) Other Facility Data Joel B Burrell/ORC/828-859-6654/ Name, Address of Responsible Official/ritle/Phone and Fax Number Contacted Ken Tucker,PO Box 1579 Tryon NC 287821579//828-859-5891/ \ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date Kathy Jimison ARO WQ//828-296-4500/ f Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Q EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES Syr/mo/day Inspection Type NCO048305 I1 12 16/08/18 17 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mr. Joe Burrell, ORC; Mr. David Moore, President, Fendrich Industries and Mikal Wilmer, NCDEQ, assisted during this inspection. There was no discharge from any of the three seperate outfalls during this visit. The discharge occurs when the plant is shut down for annual maintenance. Effluent from outfalls 001 and 602 was released on July 5, 2016 during plant annual shut down. Effluent from outfall 003 was released on July 12, 2016 during annual plant shut down. Page# Permit: NCO048305 Owner - Facility: Carolina Yam rrocessors Inspection Date: 08/18/2016 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ 0 ❑ application? Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ❑ Is, access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector, granted, access to all areas for inspection? M ❑ ❑ ❑ Comment: Mr. Joe Burrell, ORC; Mr. David Moore, President, Fendrich Industries -and Mikal Willmer,- NCDEQ, assisted during this inspection. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Records are maintained very well: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? E ❑ ❑ ❑ Are the receiving water free of foam other than.trace amounts and other debris? N ❑ ❑ ❑ If effluent' (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Outfalls are maintained well. C Page# 3 North Carolina o4artment of Environment ana Natural Resources sDivision of Water Resources WWTP Upset, Spill, or Bypass 5-Day Reporting Form (Please Print or Type Use Attachments if Needed) Permittee: DAVID MOORE, PRESIDENT Permit Number: NC0048305 Facility Name: CAROLINA YARN PROCESSORS County: Incident Started: Incident Ended: Level of Treatment: Date: 06-17-15 Date: 06-17-15 Time: 7 : 45AM Time: 9 : 30AM POLK X None Primary Treatment _Secondary Treatment _Chlorination/Disinfection Only Estimated Volume of Spill/Bypass: 10-15 GALS EST. (must be given even if it is a rough estimate) Did the Spill/Bypass reach the Surface Waters? X Yes No If yes, please list the following: Volume Reaching Surface Waters: 10-15 GALSSurface Water Name: UNNAMED TRIBUTARY TO THE NORTH Did the Spill/Bypass result in a Fish Kill? Yes X No PACOLET RIVER Was WWTP compliant with permit requirements? Yes X No Were samples taken during event? Yes X No Source of the Upset/Spill/Bypass (Location or Treatment Unit): PUMP STATION OUTSIDE OF PRINT PLANT IN PARKING LOT Cause or Reason for the Upset/Spill/Bypass: PUMP STOPPED DUE TO CLOG Describe the Repairs Made or Actions Taken: CLEANED OUT PUMP Spill/Bypass Reporting Form (August 2014) P Upset , Spill, or lSyF ass 5-Day Reporting Form Page 2 Action Taken to Contain Spill, Clean Up and Remediate the Site (if applicable): EVENT.DURATION T00 BRIEF TO RESPOND Action Taken or Proposed to be Taken to Prevent Occurrences: WILL BLOCK DRAIN BY PUMP STATION Additional Comments About the Event: 24-Hour Report Made To: Division of Water Resources x Emergency Management Contact Name: BEVERLY PRICE Date: 06-17-15 Other Agencies Notified (Health Dept, etc): NONE Person Reporting Event: KEN TUCKER Phone Number: Did DWR Request an Additional Written Report? If Yes, What Additional Information is Needed: Time: 3 : 30PM 828-859-5891 Yes No SPILL/BYPASS FORM (AUGUST 2014) Spill/Bypass Reporting Form (August 2014) ORS--- 250; CRIVEN ROAD — _ TRVON,.NC 28782 :_ pwis+orrolyymtar F,asources = 828 859 5891 TEL FAX 828 859 9024 - EMAIL &PDYEDYARN@ALLTEL:NET (hlalgv-RegionatlQperptidns Asheville = May 2=1; 2015_ _ G. Landon Davidson,Regional Supervisor_ 'Water -Quality Regional Operations Asheville Regional' Off ce -2090 U S Highway 70 _ _ Swannanoa, NC 2$778 Dear_ -Mr. Davidson In res _onse_to the-NOV--2015-DV-0109_ incident#201500667 - --On, May 6, 2015=we-noticed our waste basin wasnearly full: Av s pomfwe shutdown _=produto stop=fl ction ow_to-basin:- Our=flow meter was reading a�very .lowflow rate; —so we -- val= - opened the ves _fo increase flow and=found; the rate to=go above the To -of Tryon permit lilb&_- We ahem tedto-close=:valves fo.decrease- flout, but=found they would not shut off..The -- -_ _P- - conti ued -flow caused our- manhole acid our open =pipe to _overflow onto the=ground _ _. _AAA Sanitation=and 3R Environmental were called to bring pump--and-tanker_ trucks ;to-- _.7=7contr6r7the overflow at a°_total :cost -of $20,359 00. =Flow=from=waste basm_wassto ed b lu in the -exit a downstream.ofthe valves. - _ PP Y P 99 g T We then started pumping oi&the basin: so valves could be= accessed:: - - _ valves were disassembled to_eva,luate their co-ndition,-it was found ---that - - corrosion and blockage from sediment==was =the reason valves could not be shut: - - - The mechanism in the control valve was replaced`and system is_ now operating properly. To °help prevent a future occurrence, we=have taking the following steps: - - - 1. Purchased an -inflatable i e lu . _ -- _ _ 2 Set up a procedure to ha_ ve maintenance =of valve done quarterly: _ On 3. I g cost to ha ookinve a water level alarm installed: -- _ 4 Have plugged the pipe between our manhole and city_manhole: - Sincerel. -- - __ _rDyeLlg,-Bfeac-iitnj arld trl `TX1ding of aII__ Naf:ural =anti Sync. efic.-_Tarns - MAINTENANCE PROCEDURE FOR WASTE BASIN VALVE PROCEDURE IS TO BE COMPLETED: JANUARY - APRIL - JULY - OCTOBER 1. DRAIN BASIN TO LEVEL BELOW DRAIN PIPE. 2. VALVE IS TO BE OPENED AND CLOSED COMPLETELY TO CHECK FOR PROPER OPERATION. 3. GREASE VALVE. 4. CHECK DRAIN PIPE FROM BASIN AND PHARSALL FLUME FOR TRASH AND ANY BLOCKAGE MATERIAL. 5. TEST AND CHECK CONDITION OF INFLATABLE PIPE BLADDER. 6. CLOSE OFF VALVE TO DRAIN UNTIL WATER LEVEL IS ABOVE PIPE. 7. AFTER WATER LEVEL IS ABOVE DRAIN PIPE, OPEN VALVE AND RESET PROPER FLOW LEVEL TO.240 MGD. 8. CHECK ENTIRE BASIN AND METER BUILDING FOR ANY PROBLEMS . OR CHANGES. DATE: MAINTENANCE COMPLETED BY: NOTE ANY PROBLEMS CYP WASTE BASIN PROCEDURE MAY 21, 2015 https:Hcomect.intuit.com/portal/module/pdf )oc/template/printframe.htrnl The Spill Source ��� • 1598 Hwy 16 N Denver, NC 28037 (866)610-3596 customerservice@Thespillsource.com http:/Avww.thespillsource.com so t rd^p INVOICE BILL TO SHIP TO INVOICE # 105831 Fendrich Industries Ken Tucker `� DATE 05/20/2015 7025 Augusta Rd. Carolina Yarn Proce-gsor, , Inc. DUE DATE 05/20/2015 Greenville, SC 29605 USA 250 Scriven'Rd..1 Tryon, NC TERMS Due on receipt 287�$USA v v 0 - NTACT CONTACT CUSTOMER PO SHIP DATE SHIP VIA TRACKING NO. EMAIL PHONE # 05121/2015 FedEx Ground to follow ktucker@cypyarn 828-859-5891 Verbal . com r -- — - - DESCRIPTION QTY RATE , ._.__ AMOUN.T i ._w._.__ . _._ _. _. - -- - . _�_ .._ ._ ._ _ __. _ _ _._,. _ ._ __. 395168 1 495.00 495.00 Pneumatic Pipe Plug - 8"-16" (200mm400mm) -Test Ball ...................................... PLEASE NOTE: This electronic copy of the invoice Is the only copy you will .......... .......... ----•-------------------• SUBTOTAL -------------------------------•---• 495.00 receive. We do Not send invoices via US mail. If this Invoice needs to be SHIPPING 31.37 forwarded to another person or department for payment, please advise us TOTAL 526.37 immediately. PAYMENT 526.37 BALANCE DUE $0.00 . We appreciate your business! The Spill Source 866-610-3596 1 of 1 6/3/2015 10:01 ARC NC IN North Carolina Department of Environment and, Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary IVlay 12,`2015 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6136 Mr. David Moore' Fendrich Industries, Inc. -. Carolina Yarn Processors P.O. Box 1579 Tryon, NC 28782-1579 Subject: NOTICE OF VIOLATION - NOV-2015-DV-0109 (Incident #201500667) Discharge without a Permit Incident Location: Little Creek adjacent to Process Wastewater EQ Basin Dear Mr. Moore, On May 6, 2015, the Division of Water Resources responded,to: a spill notification at Carolina Yarn - Processors in Tryon, North Carolina.. The' spill consisted of'process wastewater from the Equalization Basin (EQ) located along Scriven Road. The volume spilled was estimated to be 1500 gallons of which, 1000 gallons were discharged to Little Creek'(Class "C" waters). Mr. Ken Tucker, Plant Manager explained that the check valve below the EQ basin had malfunctioned. Violation I Asa result of the above -referenced inspection of the'site on May 6, 2015, the following violation is noted: Illegal discharge Violation - Discharge Without Valid Permit -G.S. 143-215.1 *(a) states that no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from. the Commission and has complied with all conditions set forth in the permit: G.S.143-215.1(a)(1)- Make any outlets,into the waters of the State. ` Required Response This Office requests.that you respond to this letter in writing within 30 days of receipt of this Notice; Your response should be sent to the Asheville Regional Office at -the letterhead address. Your response should address the following item: Please submit a plan listing all actions you will take to prevent future, similar releases. North Carolina Division of Water Resources — Asheville'Regional Office 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Phone (828) 296-4500 FAX (828) 299 7043 Intemet'hffp://portal.ncdenr.org/wpbAivq/ - An Equal Opportunity/Affirmative Action Employer <"a Mr. Moore Carolina Yarn Processors NOV-2015-DV-0109 May 12, 2015 Page.2 This violation and any future violations are subject to civil penalty assessments. The violation is subject to civil penalties up to $25,000.00 per day for each violation as per G.S.143-215.6A. Should -you have any questions regarding these matters, please contact me -or Beverly Price. at..(828)-296- 4500. Sincerely, <�2kc G.,Landon Davidson, P.G.,,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Cc: Ken Tucker, Plant Manager Carolina Yarn Processors Gary Walker, Public Works Director, Town of Tryon G:\WB\WQ\Polk\Wastewater\Industrial\CAROLINAYARN-PROCESSORS NOV-2015-DV-0109.doc • _01 OCI Page I of 2 ic InD, Q e A) c� Incident t;;-� 'Incident encies Material z Detailsl Details2 ACategories Events Related Inc Incident Type: mill (�@jl Incident Number: N1 pMagi Started Date/Time : 105/06/2015 162:45 pm _rtka.A- - It 94A f,& County: I Polk N00 It. 33' tu .3 ,XY Decimal DD:MM:SS iv Latitude: 135.2161 135.12.58 Position Accuracy: Unknown Longitude: 182.238 ]182.14.17 Position Method: Remote Sensing Position Datum: Unknown A, Reporting Person: D Anonymous ISSUA,',, i_0 First Name: I Ken Address: F250 Midd le dle Name :1 Jk Y) Last Name: City : FTry( Tucker State/Zip : NC a L C,-�i Ilk Phone: j(928)859-58EF Cell/Pa 19 V ger Location of the -Incident Manhole immediately outside of Carolina Yarn Processors tVe Address: 1250 Sdriven Rd jUA 1 City/State/Zip: ITryon 28782 Cause/Observation of the incident: Directions L4 IKen Tucker (828-859-5891) with Carolina- fAH Yarn Processors called the Asheville b Action Taken - Comments/Findings We have notified our Public Water A Supply Section and they notified SC 1�0 ,^ Ce Water Supply Wells within 1500ft 0 ZY rd Surface Water Impacted: *Yes ONo OUnknown Groundwater Impacted: 0 Waterbody Little Creek - 9-55-1-11.5 SoLb�-L-C � IV, Waterbody (Other): UC11 Conveyance: E� p Report Received By: Moore, Andrew w. RO Contact: Phone: P" qp- Phone : Date/Time IC) Date/Time: F %15 http://bimsportal.ncdenr.org:7001/selectOnelncident.do?id=3MO5FMYGOOHXDX849CXG... 5/7/2015 search , 05/06/2015 02:45 pm C Referred Via: Phone v Referred Via: C �FinishT Cartel' �10 .�0� 1 (/ �h ,P U-, C'CJ u (� •� �`�ASS ��1� `�1 J Q �' u.� ,4 f v shy" �iti s wLK �Ct. eyp } http://bimsportal.nedenr.org:7001/selectOneIncident.do?id=3M05FMYG00HXDX849CXG...-5/7/2015 Page 1 of 2 ,Incident Incident AMaterial Detailsl Details2 gencies Categories * Incident Type: Spill Oil, Chlemical, non se * Started Date/Time : 05/06/2015 02:45 pm * County: Polk V El Events Related Inc Incident Number: 201 Decimal DD:MM:SS Latitude: 135.2161 1 135.12.58 Position Accuracy: Unknown V Longitude: 182.238 82.14.17 Position Method: Remote Sensing Position Datum: Unknown V Reporting Person: ❑ Anonymous First Name : I Ken Address : 250 Middle Name :1 C Last Name: I Tucker city: Try( State/Zip NC Phone: (828)859-5891 E= Cell/Pager : C * Location of the Incident : Manhole immediately outside of Carolina Yarn Processors Address: 1250 Scriven Rd City/State/Zip: I Tryon 128782 Cause/Observation of the incident: Ken Tucker (828-859-5891) with Carolina Yarn Processors called the Asheville IV Action Taken: We have notified our Public Water Supply Section and they notified SC V Directions : Comments/Findings : Water Supply Wells within 1500ft :.O Surface Water Impacted : O Yes O No O Unknown Groundwater Impacted: O Waterbody : Little Creek - 9-55-1-11.5 V Waterbody (Other) : Conveyance : C Report Received By: Moore, Andrew W. V RO Contact: C Phone: 828 92 6 4684 Phone: Date/rime: Date/rime: C http://bimsportal.ncdenr.org:7001/selectOnelncident.do?id=3M05FMYGOOHXDX849CXG... 5/7/2015 h .` 05/06/2015 02:45 pm Referred Via: I Phone ..Finish ,_ Cannel ;, .0 Referred Via: C http://bimsportal.nedenr.org:7001/selectOneIncident.do?id=3MO5FMYGOOHXDX849CXG... 5/7/2015 Cantwell, Janet From: Cantwell, Janet Sent: , Wednesday, February 04, 2015 11:52 AM To: 'ktucker@cypyarn.com' Subject: Quarterly monitoring for outfall 003: Carolina Yarn Processors Hi Ken ---As per our discussion about outfall 003, the measuring frequency requirement is to be done Quarterly. Let me know if you have any problems with this when submitting your edmr. Thanks ---Janet Janet Cantwell - Janet.Cantwell@ncdenr.gov North Carolina Dept. of Environment and Natural Resources / Asheville Regional Office / Division of Water Resources_ — Water Quality Regional Operations 2090 US Highway 70 Swannanoa, NC 28778-8211 Tel: 828-296-4500 Fax: 828-299-7043 Internet: http://portal.ncdenr.org/web/wq . E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and.may be disclosed to third parties. 1 Water Pollution Control System Operator Designation Form WPCSOCC NCAC ISA 8G .0201 Permittee Owner/Officer Name: L,'L mv Mailing Address: _ n2 S-0 City: �^ v State: '✓e—Zip: JP7bl-- Phone/F: &Rr f3fir. S Email address: ✓ Signature: Date Facility Name: Permit SUBMIT A SEPARATE FORM FOR EACH TYPE 191 Facility TvyWGrade: Biological WWTP Surface Irrigation SEC 3 0 2014 PhysicaUChemical CrFt- e J Land Application Collection System ` ...................................................................................... ptlaiii�:F3a9ionai Operations Operator in Responsible Charge (ORC) Asheville Re Tonal Office Print Full Name: -� e - 13 ter r e. ! I Certificate Type / Grade / Number: Qt=1 q rays 7 & 9 Work Phone #• ('9Z 2) / -7 - !,/ /Q 3 4/ 9SignatureDate: i,Z - IA-- / "I ccrtifi• that I ad. to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities ofthe ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ......................................................................................................................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: l�e6CLIN Certificate Type / Grade / Number. P P_'r g �} 3 -1 !o Work Phone #: Li�Z V) R.Sri - Signature: Date: 1 a- l S�- q '7 certify that I agree to my designation as a Back Operator in Responsible Charge for the facility noted. I understand and kill abide by the rules and regulations pertaining to the responsbilities ofthe BU ORC as set forth in 15ANCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." .....................................................................................:........................................................ Mail, fax or email the WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Fax: 919.715.2726 original to. Email: certadmtn aQnedenn ov Mail or fax a copy to the Asheville appropriate Regional Offwe. 2090 US Hwy 70 Swarmanoa 29778 Fax: 82&299.7043 Phone: $28.296.4500 Washington 943 Washington Sq Mall Washington 27889 Fax: 252946.9215 Phone: 252.946.6481 Fayetteville Mooresville Raleigh 225 Green St 610 E Center Ave 38N Barrett Dr Suite 714 Suite 301 Raleigh 27609 Fayetteville28301-5043 Mooresgi11e28115 Fax:919.571.4718 Fax:910.486.0707 Fax:704.663.6040 Phone:919.791A200 Phone:910.433.3300 Phone:704.663.1699 Wilmington Winston-Salem ` 127 Cardinal Dr 595 Waugbtown St Wilmington 28405-2845 Winston-Salem 27107 Fax:910350.2004 Fax:336.771.4631 Phone:910.7%.7215 Phone:336.771.5000 Revised 03-2014 I•'d t?£69-698-8Z8 lueld jelemelseM uotil NCDENR r - North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 26, 2014 Mr. David Moore Fendrich Industries Inc. P.O. Box 1579 Tryon, North Carolina 28782-1579 Subject: NOTICE OF VIOLATION NOV-2014-LV-0426 Permit No. NCO048305 Carolina Yarn Processors Polk County Dear Mr. Moore: John E. Skvarla, III Secretary A review of Carolina Yarn Processors' monitoring report for March 2014 showed the following violations: Parameter Date Limit Value , Reported Value Limit Type TSS 03/11/2014 45 mg/I 48 mg/I Daily Maximum Exceeded TSS 03/31/2014 30 mg/I 34 mg/I Monthly Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc. - NdAsheville Files MSC 1617-Central Files -Basement Deborah Bradley/ OR`C J .I G:\WRIWQ1Polk\WastewaterlindustriallCarolina Yarn Processors 483051N0V-2014-LV-0426.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: hdp://podal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer 7L NCDENRUJ North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 26, 2014 Mr. David Moore Fendrich Industries Inc. P.O. Box 1579 Tryon, North Carolina 28782-1579 Subject: NOTICE OF DEFICIENCY NOD-2014-MV-0049 Permit No. NC0048305 Carolina Yarn Processors Polk County Dear Mr. Moore: John E. Skvarla, III Secretary A review of Carolina Yarn Processors' monitoring report for February 2014 showed the following violations: Parameter Date Measuring Frequency Violation Solids, Total Suspended - Concentration 02/24/2014 2 X month. _ Failure to Monitor Aluminum, Total (as Al) 02/24/2014 Weekly Failure to Monitor Iron, Total 02/24/2014 Weekly Failure to Monitor Settleable Solids 02/24/2014 1 Weekly Failure to Monitor Remedial actions, if not already implemented, _should be taken to correct any. problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement,action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office t�c�WQLA�shE�ilte_��il_?rs MSC 1617-Central Files -Basement Deborah Bradley/. ORC G:\WRIVJQ\PolklWastewaterllndustnal\CaroGna Yarn Processors 48305WOD-2014-MV-0049.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: http://portal.ncdenr.org[weblwq An Equal Opportunity/ Affirmative Action Employer . Wiqqs, Linda From: Corporon, Joe Sent: Friday, November 15, 2013 8:36 AM To: ktucker@cypyarn.com Cc: Wiggs, Linda; Cranford, Chuck Subject: Revisions to Your Permit DRAFT - Adding pH and Parameter Codes Attachments: 48305 Fendrich Industries - Carolina Yarns Permit DRAFT v2.pdf Mr. Tucker — You are listed as the point -of -contact for this permit renewal. Upon further review of your draft, DWR intends to revise the permit DRAFT v1 by adding Weekly monitoring for pH for Outfalls 001 and 002, and adding Quarterly monitoring for pH at Outfall 003 (see attached DRAFT v2, page 3 of 5). We have also added parameter codes, inadvertently not included in DRAFTv1. These changes will appear in the permit issuance final. If you have questions, please contact Linda Wiggs at DWR's Asheville Regional Office, or contact me by return email or at the numbers below. Respectfully, Joe R. Corporon, L. G. ROC Compliance and Expedited Permitting Division of Water Resources NCDENR/ NPDES Program / Water Quality Permitting Section 919-807-6394; FAX 919-807=6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 NC R North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John Skvarla, III Governor Director Secretary November 6, 2013 David Moore, President Fendrich Industries, Inc. P.O. Box 1579 Tryon, North Carolina 28782 Subject: NPDES Permit - DRAFT Review Permit NC0048305 Carolina Yarn Processors 250 Scriven Road, Tryon Polk County Dear Mr. Moore: The Division of Water Resources (DWR or the Division) received your request to renew the subject NPDES Permit on February 4, 2013. In response we hereby transmit this permit draft for your review and comment. Please review this draft carefully to ensure your understanding of the permit limits and monitoring conditions, and to correct errors, -if any. Concurrent with this notification, the Division will solicit public comment on the draft by publishing a notice in newspapers having circulation in the general Polk County area, as required by the NPDES Program. Please provide your written comments, if any; regarding this draft to DENR / DWR / NPDES Program no later December 6, 2013 (approximately 30 days after receiving this document). Your written comments are welcome, but not mandatory. Changes to your Previous Permit. The Division has combined into one effluent table, the identically - permit tables for Outfall 001 and 002 [see permit Section A. (1)]. We trust this serves to simplify your permit. We have also updated your facility description and facility map for your convenience. Electronic Discharge Monitoring Reports eDMR). Please be advised that the Division will implement an electronic Discharge Monitoring Report (eDMR) program in accord with pending requirements by the Environmental Protection Agency (EPA). We have included the details required to implement the eDMR program in this permit [see Special Condition A. (3.)]. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarohna Phone: 919.807-63001 FAX: 91M07.64921 Customer Service:1-877-623-6748 Rtu�R"1/ Internet: www.ncwaterquality.org N. i/ Review of Permit DRAFT NCO089435 For the proposed Martin County WTP Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a system to receive such submittals, Permittees must then submit eDMRs directly to EPA. For information on eDMRs, registering for eDMR submittal, and obtaining an eDMR user account, please visit the DWR webpage: http://i)oital.ncdenr.or. web/wq/admin/bog//ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2.gpa.gov/compliance/proposed-npdes-electronic-reporting rule Following the mandatory 30-day Public Comment period, the Division will review all pertinent comments, if any, and take appropriate action prior to issuing a NPDES permit final. If you have questions concerning this draft, please e-mail me Doe.corporon@ncdenr.gov], or call my private line (919) 807-6394. rcespect • lly, Joe. orporon, L , ROC C mpHance and xpedited Permitting of Water Enclosure: NPDES Permit N00048305 (renewal DRAFT) hc: ARO/SWPS, Chuck Cranford (Assistant Regional Supervisor) [draft permit, Fact Sheet] NPDES Program Files [draft permit and Fact Sheet] ec: ARO, Chuck Cranford [draft permit and Fact Sheet] -- Permit NC0048305 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NP aES)-- 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, Fendrich Industries is hereby authorized to discharge Carolina Y 250 Scrivei discharging to receiving wat r n��� Broad River Basin in acco�, ce with 8 conditions set forth in Parts I\ ,III and This permit shall become effective \XZ 1 32014. a tacilm, is iown as to the.North Pacolet River in the ng requirements, and other This permit and authorization to discharge shall expire at midnight on JUIy 31, 2018. Signed this day 2013. Tom A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Pei7nit NC0048305 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 described herein. Fendrich Industries, Inc. is hereby authorized to: 1. continue to operate a wastewater treatment system for non -process -contact wastewater (averaging 4,181 gallon per month) applying conventional water treatment plant (WTP) technology comprised of: • primary sedimentation basin [145K gallons; settling ad •try s'(polymer) and pH control (caustic) applied; sediment build-up flushed as neede�a flow EQ and sandfilter beds • flow -equalization (EQ) chamber • sand filter beds [discharge via Outfall 001] • secondary sedimentary basin [92K gallons; no tives�; discharge v a Outfall 002] • filtration system [8K gallons; backwas(ied/`discha� d� s.,n eded vi u. 003] these facilities located at Carolina Y R ocessd �Sd�Scriv oad, Tryon, Polk County, and 2. discharge from said treatment%\ Qrks via Outfal 001, 002 and 003, at locations specified on the attached map, into an unnamed tut 0 the North Pacolet River [Stream Segment 9-55-1-(10)], a waterbody currently classified a e�within Subbasin 03-08-06 of the Broad River Basin. Page 2 of 5 Permit NC0048305 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001 & 002) Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge via Outfalls 001,(primary sedimentation basin) and Outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored 1 by the Permittee as specified below: f EFFLUENT tik ' X I,IlV]IT,S ; ', MONITORING REQU>1REMENTS A%;5 CHARACTERISTICS `° , 3s � ',Sample f kl l�onihly Daily Teas rement { ' Sample °[Patalne�exs Code] ,�,° 5 Maximum � I'p'requency �� }TType s l* � L`aeatron? * �, .:...,r ......- .. ..- ,, .. < _q..-.. lAverage ..f ...-..:.vx1.,.,,,.... ,Y... .... ate.:,. ,..._ ...,.,�.n',L: ,---• ,.t,...r.r, Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 mg/I, 45.0 m 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Turbidity 3 Weekly Grab U & D Footnotes: /�� 1. No later than 90 days from the permit effective date, begin submitting di c f ar electronically using NCDWR's eDMR application system. See Specia C`ond 2. Upstream [U] = at least 50 feet -upstream from the outfall. Do7eex s e �[ISj downstream from the outfall. \ 3. Discharge shall not cause natural receiving -stream turbidity o, ed 50 NTU. instream turbidity exceeds 50 NTU, this discharge shall no �6e instream turl; Conditions: 1. All samples collected shall accurately represent a c 2. The Permittee shall discharge no floating solids or A. (2.) EFFLUENT LIMITATIONS Beginning on the effective date of this p7 't and discharge filter backwash from Qutfall 003, ct Permittee as specified below �. / \\ C e Monitoring Reports as A. (3.) least 50 feet increase. fir: -. Q� �MENTS (003) ra ohe"Pennittee is authorized to be limited and monitored 1 by the 4 EFFLUENT MONTTORING REQMENTS ' z s lYIonthly Daily Measurement, r ' Sample , [Parameters Code Average Maximum ;Frequency Y"Sample ; i Type �'� , V h L`ocatront2 �� kx Flow :. / QuarterlyInstantaneous Effluent Total Suspended Solids 30.0 mg/L ' 4 mg(L QuarterlyGrab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Iron Quarterly Grab Effluent Aluminum Quarterly - Grab Effluent [Turbidity 3 Quarterly Grab U & D Footnotes: 1. No later than 90 days from the permit effective date, begin submitting discharge Monitoring Reports electronically using NCDWR's eDMR application system. See Special Conditions A. (3.) 2. Upstream [U] = at least 50 feet upstream from the outfall. Downstream [D] = at least 50 feet downstream from the outfall. 3. Discharge shall not cause natural receiving -stream turbidity to exceed 50 NTU. If natural,, instream turbidity exceeds 50 NTU, this discharge shall not cause instream turbidity to increase. Conditions: 1. All samples collected shall accurately represent a discharge event. 2. The Permittee shall discharge no floating solids or foam. Page 3 of 5 Permit NC0048305 A (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division intends to adopted and implement these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part Il of this permit (Standard Conditions for NPDES Permits): 1. • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports Beginning no later than 90 days from the effective date of thi reporting discharge monitoring data electronically using t • n, Monitoring Report (eDMR) internet application. Monitoring results obtained during the preN submitted electronically using eDMR. The monitoring data and submit DMRs electron eDMR application is compliant with PAS: (CROMERR), Permittees will beC r�q�iredi electronically using eDMR and &`.1(1Ze regi signing, and submitting o e�-si)aed b "in following address:1—�� NC DENR / DWR / Infor : iatioi ATTENTION: Central File �/\e 1617 Mail Service Center. Raleigh, North Carolina 27699- the Permittee shall begin 1� Electronic Discharge months)\s all,66\-ummarh4ft for each month and stemX 'lo perrmtted f lities to enter s the ' et. Until such time that the state's s 1 e?l F,�lectr ..'c Reporting Regulation �m t\�l �C� gnitormg data to the state to c , fete the e�I submission by printing, a copf the computer printed eDMR to the If a Permittee is unable to use the eDTvM system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 5 Permit NC0048305 Information on eDMR and application for a temporary waiver fiom the NPDES electronic reporting requirements is found on the following web page: bft://poital.ncdenr.org/web/Wq/admin/b o g�pu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Sianatory Requirements lSupplements PartH, Section B. (11.) (b) and supersedes Section B. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H, Section B. (1 l.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the account and login credentials to access the eDMR system. For Carolina's eDMR system, registering for eDMR and obtaining the following web page: Z/\�� Certification. Any person submitting an elc the following certification [40 CFR 122.22] . WILL BE ACCEPTED: >t obtain an eDMR user rmation on North user account; please visit state's el � R system shall make [ENTS OF CERTIFICATION Ucertify, tinder penalty of law, tha. this do&i ent 2. 'd it at achmeks were prepared under my direction or supervision in"ecordc wit a ystem b lgned t assure that qualified personnel properly gather and evgluaate-t n it`e ..\$ased on my inquire of the person or persons who manage e l'stentr o� rsons di�ec. 31 responsible for gathering the information, the informa 'd , submitt� �i , :�t e best o my knowledge and belief, titre, accurate, e and complete. I am aware t. at there i1jvnt penalties for submitting false information, including the possibility offa�nd im i't oQ'int for knowing violations." 3. Records Retention [Supplements artT>; ection D. (01 The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years fiom the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 Fendrich Industries, Inc. Facility Carolina Yarn Processors, Trion Location not to scale 3 State Grid/Ouad: G10NW /Landrum, SC Sub -Basin: 03-08-06 ;K Permitted Flow: not limited Stream Class: C' Receiving Stream: UT to Nordi Pacolet River Stream Segment 9-55-1-(10) tea.: NPDES Permit NCO048305 Drainage Basin: Broad River Basin HUC: 03050105 = North Polk County DENR / DWR / NPDES EXPIDITED PERMITING COMPLIANCE AND ENFORCEMENT Unit FACT SHEET - NPDES RENEWAL NCO048305 October 29, 2013 Summary: Information —Water Pollution Control System s , Faclhty Information i k T •s:::,Y. , ... . _k ....,, �._ �„ i .,- t.. <, �,.._;.: r.:..... ..,. t... i : ?. a .. ..... <'� ..Y',"'..`�. _,,.: > ...t t .,�, :-,-tti,:'? ..�:..,. �.� n w., : _ Ap lxc r f/ acility Warne :. - Fendrich Industries, Inc. / Carolina Yarn Processors WTP A`loant aidress P.O. 1579, Tryon 28782 Facil acldess -` 250 Scriven Road, Tryon 28782 `:;: Episodic discharge -- no flow limit Permitted flow GD, Outfalls [4,181 gal/month ave. combined 001 002 and 003] ` Non process -contact [SIC Code 2284] Type of waster =ti ;'y ,r WTP conventional Technology Facility/pe}miit 'action . Class I (minor) / renewal NPDES permit Polk s' � ' Recezving Waterbody �. � `' �...... UT to North Pacolet _> .:_, .. Receiving streamlbasin`':�' Regional Off! Asheville (ARO) River, Broad River Basin Stream classtficattou =:. C State_grd /,Y GlOSW/ and.se ent# ,-;-..... [9-55-1-(10)] USGS.-to otr uad,,.,,-, . Landrum, SC :303 d sed`7{ (..)_ No PermfWrifer`" ': Joe R. Cor oron 03-08-06 Date_: 290ct2013 Damage area (s mr 1.4 _; �t _A4- Sum�nei 7Q10.'(cfs) ,�� 0.5 Winter 7Q10 (cfs):; --='{ - 0.0 30Q2 (efs) -=__'__;` ; 0.0 Average flov%(cfs)e=_'s 2.0 IWC (%� ''`-.'' 1.22 Lat. N 35' 13' 05" Long. W 82° 14' 09" l: Treatment Processes: Carolina Yain Processors generate both process -contact and non -process - contact wastewaters. This permit governs non -process -contact wastes treated utilizing additives and sand filters, applying conventional water treatment plant (WTP) technology. This facility's surface discharge has historically been permitted under WTP strategies,. and will therefore be renewed under the most recent WTP stake -holder approved strategy, as revised (2009). Process -contact wastes [as governed under 40CFR Subpart G - Stock and Yana Processing Satbcategmy §410.70] do not discharge to water of the State, but dispose via the City of Tryon sewer system under pretreatment regulations. Fact Sheet NEW NPDES Permit NCO048305 Page 1 Effluent Mana e ment: The Permittee discharges to surface waters for 5 hours every 4-6 months (Outfall 001), for 1 hour every 4-6 months (Outfall 002), and on average 2 hours per week (Outfall 003). Total discharge averages 4,181 gal/month (combined Outfalls 001, 002, and 003]. Reasonable Potential Analysis MA) -Renewal Summary. DWR examined the parameters aluminum and iron for RP. Data do not suggest RP, nor do they suggest either parameter will exceed its respective standard. Effluent parameters appear appropriately limited in the permit. Changes to the Pervious Permit. DWR combined effluent tables for identically -permitted Outfalls 001 and 002 into one table [Section A. (1.) - no other changes recornmended for renewal. PROPOSED SCHEDULE OF ISSUANCE Draft Permit to Public Notice: November 6, 2013 Permit Scheduled to Issue: December 30, 2014 NPDES UNIT CONTACT If you have questions repr g any � e above information or on the attached permit, please contact Joe Corporon at (919)-807- 394. ��� Fact Sheet New NPDES NC0048305 Page 2 Permit NCO048305 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPa-- 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, Fendrich Industries is hereby authorized to discharge discharging to receiving w Broad River Basin in acco li conditions set forth in Parts This permit shall become effective as to the North Pacolet River in the ng requirements, and other This permit and authorization to discharge shall expire at midnight on July 31;.2018. Signed this day , 2013. Tom A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NCO048305 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 described herein. Fendrich Industries, Inc. is hereby authorized to: 1. continue to operate a wastewater treatment system for non -process -contact wastewater (averaging 4,181 gallon per month) applying conventional water treatment plant (WTP) technology comprised of: • primary sedimentation basin [145K gallons; settling (caustic) applied; sediment build-up flushed as need • flow -equalization (EQ) chamber • sand filter beds [discharge via Outfall 001 ] • secondary sedimentary basin [92K gallons; no (tt • filtration system [8K gallons; backwasb^6Kdisch these facilities located at Carolina Y 0 mer) and pH control EQ and sandfilter beds g&,Aa Outfall002] via 0,utfall 003] Tryon, Polk County, and 2. discharge from said treatmeritw*orks via qutfallg 001, 002 and 003, at locations specified on the attached map, into an unname tarytq the North Pacolet River [Stream Segment 9-55-1-(10)], a waterbody currently classified C� ithin Subbasin 03-08-06 of the Broad River Basin. Page 2 of 5 C� Permit NCO048305 PART I A. (L) 'EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001 & 002) Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge via Outfalls 001(primary sedimentation basin) and Outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Code] LIMITS . n. MONITORING REQUIREMENTS =1. ` Monthly-, Average ' Daily Maximum' Measurement, Frequency ` Sample � Type -`` Sample Location 2 Flow 50050 Weekly Instantaneous Effluent Total Suspended Solids C0530 30.0 m 45.0 m 2/1\4onth Grab Effluent Settleable Solids 00545 0.1 ml/L 0.2 ml/L Weekly Grab Effluent H 00400 Not < 6.0 or> 9.0 s.u. Weekly Grab Effluent Iron 01045 Weekly Grab Effluent Aluminum 01105 Weekly Grab Effluent Turbidity 3 00070 Weekly Grab U & D Footnotes: 1. No later than 90 days from the permit effective date, begin submitting dpisdha electronically using NCDWR's eDMR application system. See Special.Cond tii 2. Upstream [U] = at least 50 feet upstream from the outfall. D7exce, st a6m_0\ downstream from the outfall. \ 3. Discharge shall not cause natural receiving -stream turbidityd 50NTU. instream turbidity exceeds 50 NTU, this discharge shall no se instream turb Conditions: 1. All samples collected shall accurately represent a c 2. The Permittee shall discharge no floating solids or A. (2.) EFFLUENT LIMITATIQN Beginning on the effective date of this pek discharge filter backwash from tafaRIK Permittee as specified below/11"' Monitoring Reports is A. (3.) least 50 feet �dDJT ONIIl/1i "MENTS (003) ti : N'n 1 expiratio ittee is authorized to Pcl is ges s 1 be limited and monitored 1 by the EFFLUENT CHARACTERISTICS [Parameter Code] LIMITS- MONITORING REQUIREMENT91, Monthly' Average _ Daily Maximum Measurement Frequency. -' Sample Type Sample Locati6n`2 Flow 50050 V \/ / Quarterly Instantaneous Effluent Total Suspended Solids C0530 30.0 m 45,0 m Quarterly Grab Effluent Settleable Solids 00545 0.1 ml/L F 0.2 ml/L Quarterly Grab Effluent H 00400 Not < 6.0 or > 9.0 s.u. Quarterly Grab Effluent Iron 01045 Quarterly Grab Effluent Aluminum 1 01105 Quarterly Grab Effluent Turbidity 3 1 00070 Quarterly Grab U & D Footnotes: 1. No later than 90 days from the permit effective date, begin submitting discharge Monitoring Reports electronically using NCDWR's eDMR application system. See Special Conditions A. (3.) 2. Upstream [U] = at least 50 feet upstream from the outfall. Downstream [D] = at least 50 feet downstream from the outfall. 3. Discharge shall not cause natural receiving -stream turbidity to exceed 50 NTU. If natural, instream turbidity exceeds 50 NTU, this discharge shall not cause instream turbidity to increase. Conditions: 1. All samples collected shall accurately represent a discharge event. 2. The Permittee shall discharge no floating solids or foam. Page 3 of 5 Permit NCO048305 A (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division intends to adopted and implement these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): 1. • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports Beginning no later than 90 days from the effective date of reporting discharge monitoring data electronically using t Monitoring Report (eDMR) internet application. Monitoring results obtained during the preN submitted electronically using eDMR. The monitoring data and submit DMRs electron eDMR application is compliant wit�A , (CROMERR), Permittees will be reap rreedI electronically using eDMR and 1<1� regt signing, and submitting oigrjed bri in 1 following address: X �lC m � C ATTENTION: Central File 7\e 1617 Mail Service Center Raleigh, North Carolina 27699- the Permittee shall begin �s Electronic Discharge month Thal lye ummar�e&d or each month and stem al ow permitted facilities to enter y i the h et. Until such time that the state's s�-iaecfo 'c Reporting Regulation * �c�i h'ar nitoring data to the state to c , ete tote ee submission by printing, a copx of the computer printed eDMR to the If a Permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 5 Permit NCO048305 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.'ncdenr.org./web/wq/admin/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Part II, Section B. (11.) (b) and supersedes Section B. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part H, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. 3. For eDMR submissions, the person signing and submitting the account and login credentials to access the eDMR system. For Carolina's eDMR system, registering for eDMR and obtaining the following web page: /\ Certification. Any person submitting an elf the following certification [40 CFR 122.22]. WILL BE ACCEPTED: V certify, under penalty of law, that< direction or supervision in,,accordari properly gather and eval�at thi -iq persons who manage e. stem br information, the informal �submiti and complete. I am aware h, at there including the,possibility offines'�gnd t obtain an eDMR user .nation on North user account, please visit state's eDMR system shall make [ENTS OF CERTIFICATION nt bnV all aita(O its were prepared under my 9tem\4igned to assure that qualified personnel !s at ecyy responsanme Jor garnering me best o`,'my knowledge and belief, true, accurate, znt-penalties for submitting false information, nt for knowing violations. " The Permittee shall retain records of all -Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 NPDES Permit Renewal Regional Office Comments S:\SWP\2-Templates&Forms\Permit ReviewMDESPermitReview ROComments.F62012.docx Amn� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director. David Moore, President Fendrich Industries, Inc. P.O. Box 1579 Tryon, North Carolina 28782 Dear Mr. Moore: November 6, 20131 Nov 13 2013 DVVQ(Surface S}Inter Protection Section Asheville Regional Office Subject:. NPDES Permit - DRAFT Review Permit NC0048305 Carolina Yarn Processors 250 Scriven Road, Tryon Polk County Skvarla, III Secretary The Division of Water Resources (DWR or the Division) received your request to renew the subject NPDES Permit,on February 4, 2013. In response we hereby transmit this permit draft for your review and comment. Please review this draft carefully to ensure your understanding of the permit limits and monitoring conditions, and to correct errors, if any. Concurrent with this notification, the Division will solicit public comment on the draft by publishing a notice in newspapers having circulation in the general Polk County area, as required by the NPDES Program. Please provide your written comments, if any, regarding this draft to DENR / DWR / NPDES Program no later December 6, 2013 (approximately 30 days after receiving this document). Your written comments are welcome, but not mandatory. Changes to your Previous Permit. The Division has combined into one effluent table, the identically - permit tables for Outfall 001 and 002 [see permit Section A. (1)]. We trust this serves to simplify your permit. We have also updated your facility description and facility map for your convenience. Electronic Discharge Monitoring Reports eDMR). Please be advised that the Division will implement an electronic Discharge Monitoring Report (eDMR) program in accord with pending requirements by the Environmental Protection Agency (EPA). We have included the details required to implement the eDMR program in this permit [see Special Condition A. (3)]. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one.. Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOrthCarohna Phone: 919.807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterqua[iV.org f� �/ f RevieV,1- r Permit DRAFT NC0089435 For the proposed Martin County WTP Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a system to receive such submittals, Permittees must then submit eDMRs directly to EPA. For information on eDMRs, registering for eDMR submittal, and obtaining an eDMR user account, please visit the DWR webpage: http://portal.nedenr. org/web/wq/adminibog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2.epa. gov/compliance/proposed-npdes-electronic-reporting-rule Following_the mandatory 30=day Public Comment period, the Division will review all pertinent comments, if any, and take appropriate action prior to issuing a NPDES permit final. If you have questions concerning this draft, please e-mail me Doe.corporon@ncdenr.gov], or call my private line (919) 807-6394. Enclosure: NPDES Permit NCO048305 (renewal DRAFT) hc: ARO SAPS Ghuek Cranford (�Assistant9Regi nal Su 'ervisor�j [� aft permit, Fact Sheet] NPDES Program Files [draft permit and Fact Sheet] ec: ARO, Chuck Cranford [draft permit and Fact Sheet] Permit NC00483 05 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELINIINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Fendrich Industries, Iricl is hereby authorized to discharge wastewat Q a facil* known as discharging to receiving w�a Broad River Basin in accob conditions set forth in Parts Carolina Y 250 Scr-ivel with lofl'1 e1 Band 1: T C [mam�d ibbutary to the North Pacolet River in the itat o s monitoring requirements, and other This permit shall become effective �\�� % 92014. V This permit and authorization to discharge shall expire at midnight on July 31, 2018. Signed this day 92013. Tom A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page I of 5 Permit NC0048305 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 described herein. Fendrich Industries, Inc. is hereby authorized to: 1. continue to operate a wastewater treatment system for non -process -contact wastewater (averaging 4,181 gallon per month) applying conventional water treatment plant (WTP) technology comprised of: • primary sedimentation basin [145K gallons; settling (caustic) applied; sediment build-up flushed as need • flow -equalization (EQ) chamber • sand filter beds [discharge via Outfall 001] • secondary sedimentary basin [92K gallons; no d 't • filtration system [8K gallons; backwash'e1a dischaarR these facilities located at Carolina Y 0 mer) and pH control EQ and sandfilter beds ge via Outfall 002] via utfall003] Tryon, Polk County, and 2. discharge from said treatment,\\ rks via Outfall-9 00 1 , 002 and 003, at locations specified on the attached map, into an unnamed`t�but to the North Pacolet River [Stream Segment 9-55-1-(10)], a waterbody currently classified 64a(ers/within Subbasin 03-08-06 of the Broad River Basin. 1 Page 2 of 5 Permit NC0048305 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001 & 002) Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge via Outfalls 001 (primary sedimentation basin) and Outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS.L Parameters Co -de. ; ] ; LIMITS':' , - MONITORING R<EQUIREIVIENTS '1 - Monthly : Average Daily Wximum Measurement; Frequency , Sample.' Type-= . . `.. Sample Location a Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Iron Weekly -. Grab Effluent Aluminum Weekly Grab Effluent Turbidity 3 Weekly Grab U & D Footnotes: � 1.. No later than 90 days from the permit effective date, begin submitting di ar electronically using NCDWR's eDMR application system. See Special, and 2. Upstream [U] = at least 50 feet -upstream from the outfall. Downstream [D]\ downstream from the outfall. > 3. 'Discharge shall not cause natural receiving -stream turbidity��o exceed 50 NTU. instream turbidity exceeds 50 NTU, this discharge shall not�cau4 instream turl Conditions: 1. All samples collected shall accurately represent a j arge eve 2. The Permittee shall discharge no floating solids orf4am A. (2.) EFFLUENT LIMITATIOI\ Beginning on the effective date of this pI discharge filter backwash from Qutfall 00. Permittee as specified below/ Monitoring Reports is A. (3.) least 50 feet increase. ON T\q IN , RE UJREMENTS (003) and la ti g un� l e iratio a ermittee is authorized to Luc rso. arges�h 1 be limited and monitored 1 by the _EFFLUENT: CHARACTERISTICS Parameters Cade [ , ] LIMITS MONITORING REQUIREIVIENTS i Monthly:, : � � ,Average_.. , Daily , Maximum Measurement ; ; . ,,., , Frequency:' Sample ,. Type Sample z 'Location Flow \ \/ f Quarterly Instantaneous Effluent Total Suspended Solids 30.0 mg/L`1 45c0 mg/L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Iron Quarterly Grab Effluent Aluminum Quarterly - Grab Effluent Turbidity 3 Quarterly Grab U & D Footnotes: 1. No later than 90 days from the permit effective date, begin submitting discharge Monitoring Reports electronically using NCDWR's eDMR application system. See Special Conditions A. (3.) 2. Upstream M = at least 50 feet upstream from the outfall. Downstream [D] = at least 50 feet downstream from the outfall. 3. Discharge shall not causenatural receiving -stream turbidity to exceed 50 NTU. If natural, instream turbidity exceeds 50 NTU, this discharge shall not cause instream turbidity to increase. Conditions: 1. All samples collected shall accurately represent a discharge event. 2. The Permittee shall discharge no floating solids or foam. Page 3 of 5 Permit NC0048305 / f v A (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division intends to adopted and implement these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): im • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports D. (2.) and Beginning no later than 90 days from the effective date of reporting discharge monitoring data electronically using Monitoring Report (eDMR) internet application. Monitoring results obtained during the submitted electronically using eDMR. monitoring data and submit DMRs elei eDMR application is compliant with//E (CROMERR), Permittees will be r7gui electronically using eDMR andll�le signing, and submitting o eA following address: NC DENR / DWR / Inforrn�iatior ATTENTION: Central File �,\e 1617 Mail Service Center Raleigh, North Carolina 27699- rrt the Permittee shall begin D4Electronic Discharge previous month(s)`shallXee`summarr�z�e�d for each month and The 41�'�system Iows permitted fla�ities to enter ,tronicall�� the in e et. Until such time that the state's 'A'z Cros �y1� E ectro%ic Reporting Regulation � P g red`to`sub �'t�a �� e data to the state requir to c mplete the�qnitoring R submission by printing, rina copy, of the computer printed eDMR to the If a Permittee is unable to use the eDYVIR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 5 t ^� Pennif NC0048305 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: hllp://portal.nedenr.org/web/Wq/admin/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Sil4natory Requirements (Supplements Part H, Section B. (11.) (b) and supersedes Section B. (11.) All eDMRs submitted to -the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. 3. For eDMR submissions, the person signing and submitting the account and login credentials to access the eDMR system. For Carolina's eDMR system, registering for eDMR and obtainmi the following web page: http://portal.nedenr. org/web/wq/admin/bog/ipu/edmt Certification. Any person submitting an elf the following certification [40 CFR 122.22]. WILL BE ACCEPTED: U certify, under penalty of law, direction or supervision i�et properly gather and evaluat l persons who manage e ster, information, the informal o . , and complete. I am aware including the possibility offing r�nust obtain an eDMR user ynformation on North MR user account, please visit state's eb1VIR system shall make IENTS OFvCERTIFICATION s do h rY�ent k "d all aha, (c hts were prepared under my, wat�� a system �igned to assure that qualified personnel 7dtio - -sib-nitte .Based on my inquiry of the person or �sons�' e responsible for gathering the pis, et e best of my knowledge and belief, true, accurate; e�nt penalties for submitting false information, pr)sonn mt for knowing violations. " D. (6. The Permittee shall retain records of all -Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. Page 5 of 5 Fendrich Industries, Inc. Carolina Yarn Processors, Trion State Grid/Quad: G10NW / Landrum, SC Sub -Basin: 03-08-06 Permitted Flow: not limited Stream Class: C Receiving Stream: UT to North Pacolet River Stream Segment: 9-55-1-(10) Drainage Basin: Broad River Basin HUC: 03050105 Facility Location not to scale North NPDES Permit NCO048305 Polk County bA 74d r it E ' �s. L i.,........ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director October 10, 2013 Mr. Ken Tucker Carolina Yarn Processors Inc. P.O. Box 1579 Tryon, North Carolina 28782-1579 John E. Skvarla, III Secretary Subject: NOTICE OF VIOLATION NOV-2013-MV-0102 Permit No. NCO048305 Carolina Yarn Processors WWTP Polk County Dear Mr. Tucker: A review of Carolina Yarn Processors's WWTP monitoring report for July 2013 showed the following violations: Parameter' Date Measuring Frequency Violation Aluminum, Total (as Al) 07/13/2013, Weekly Failure to Monitor Settleable Solids 07/13/2013 Weekly Failure to Monitor Iron, Total (as Fe) 07/13/2013 Weekly Failure to Monitor TSS 07/13/2013 2 X / Month Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments- section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law: If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. cc: 4 y1'/dk ille Fite WQ Central Files Deborah Bradley/ ORC Sincerely, G. Lando avidson, P.G. Regional Supervisor Water Quality Section G:1WQ1SWPlPolklWastewaterUndustria]\Carolina Yam 48305WOV-2013-MV-0102.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 296-4500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us 2090 U:S. Highway 70, Swannanoa, N.C. 8778 An Equal opportunity/ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources. Pat McCrory Governor February 8, 2013 Fendrich Industries, Inc Carolina Yarn Processors P.O. Box 1579 Tryon NC, 28782 Subject: Receipt of permit renewal application NPDES Permit NCO048305 Polk County Dear Mr. David Moore, I John E. Skvarla, III Secretary F E B 1 4 2013 DWQ/Surface Water Protection Section Asheville Regional Office _ The NPDES Unit received your permit renewal application on February 04, 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please cont act the assigned permit writer. Sincerely, Jeff - oupart Point Source Branch Cc: Central Files Ashville Regional Office NPDES Unit 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 oNlthCarolina Phone: 919-707-86001 Internet: www.ncdenr.gov yt /i An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Nah ally NPDES PERMIT APPLICATION - SHORT FORM C Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCOO 48305 Please print -or type. 1. Contact Information: Owner Name FENDRICH INDUSTRIES, INC. Facility Name CAROLINA YARN PROCESSORS Mailing Address PO BOX 1579 City TRYON J State / Zip Code NORTH CAROLINA 28782 Telephone Number 828-859-5891 Fax Number 828-859-9024 e-mail Address KTUCKER@CYPYARN.COM 2. Location, of facility producing discharge: Check here if same as above ❑ Street Address or State Road City State / Zip Code County 250 SCRIVEN ROAD TRYON NORTH CAROLINA 28782 POLK 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 CAROLINA YARN PROCESSORS Mailing Address 250 SCRIVEN ROAD' City State / Zip Code Telephone Number. Fax Number 4. Ownership Status: Page 1 of 5 TRYON NORTH CAROLINA 28782 AqA-RKA-.SRA 1 18 NPDES PERMIT'"PLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Federal ❑ State ❑ Private X® Public ❑ 5. Standard Industrial Classification (SIC) code(s): 2284 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. SHEET ATTACHED S. Is facility covered under federal effluent limitation guidelines? No XN Yes ❑ If yes, specify the category? 9. Principal product(s) produced: BLEACHED AND DYED SYNTHETIC AND NATURAL YARNS Principal raw material(s) consumed: PROCESS NATURAL AND SYNTHETIC YARN Briefly describe the manufacturing process(es): WET PROCESSING OF YARNS: BLEACHING, DYEING OF NATURAL AND SYNTHETIC YARNS EITHER AS A SERVICE TO OTHER MANUFACTURING COMPANIES OR FOR DIRECT SALE TO OTHER MANUFACTURING COMPANIES. r Page 2 of 5 C-MI 10/08 UAROUNAYUNNOCESSORS 250 SCRNEN ROAD P.O. Box 1579 TRYoN, NC 28782 TEL. 828.859.5891 FAX. 828.859.9024 EMAIL CYPDYEDYARN0ALLTEL.NET WATER TREATMENT SYSTEM 01-28-la WE USE THE FOLLOWING IN OUR WATER TREATMENT. PRIMARY AND SECONDARY SEDIMENTATION BASINS POLYMER FEED SYSTEM FLOW EQUALIZATION SAND FILTER BEDS FILTRATION PRIMARY SEDIMENTATION BASIN — WATER FROM POND IS CHANNELED TO OUR PRIMARY BASIN ( HOLDING CAPICITY 145,000 GALS) WHERE POLYMER AND CAUSTIC ARE ADDED TO CLEAR UP THE TURBIDITY AND CONTROL PH. WATER IS THEN PIPED TO OUR SECONDARY BASIN. FLOW EQUALIZATION — BACKWASH FROM THE PRIMARY BASIN IS PIPED THRU OUR FLOW EQUALIZATION -CHAMBER BEFORE ENTERING OUR SANb BEDS. SAND FILTER BEDS — AS NEEDED DURING THE YEAR AS SEDIMENT AND SOLIDS FROM OUR POLYMER TREATMENT BUILDS UP IN THE PRIMARY BASIN, IT IS WASHED TO OUR SAND BEDS. SEDIMENTS AND SOLIDS ARE ALLOWED TO BE SEPARATED AS THE WATER PASSES THRU THE SAND BEDS AND IS THEN DISCHARGED TO THE STREAM. OUTFALL #001 SECONDARY SEDIMENTATION BASIN - WATER FROM OUR PRIMARY BASIN IS PIPED TO OUR SECONDARY BASIN ( HOLDING CAPICITY 92,00 GALS) WHERE ADDITIONAL TURBIDITY IS ALLOWED TO SETTLE. AS NEEDED DURING THE YEAR AS SEDIMENT -BUILDS UP IN THE SECONDARY BASIN IT IS WASHED TO THE STREAM. OUTFALL4002. FILTRATION SYSTEM — WATER FROM OUR SECONDARY BASIN IS PIPED TO OUR FILTERS ( HOLDING CAPICITY 8,000 GALS) TO FURTHER CLEAN THE WATER,�WATER FROM FILTERS IS THEN PIPED TO OUR PROCESS. AS NEEDED THE FILTERS ARE BACKWASHED TO THE STREAM. OUTFALL #003. J Dyeing, Bleacfiing , and Winding of all .Natural and Synthetic Yarns `-� , NPDES PERMIt",..PLICATION v SHORT FORM L - Minor Industrial ` Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed R,2R1' CY1P/*!�'Jn nmrol»f� nn»o�im.�.-7 �».1l..,-......+.. �1•-..��� .�•___ Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed AVERAGE PEAK per Day 3 109 LBS 4,418 LBS per Month 93,263 LBS 132,554 LBS per Year 191199156 LBS 1,158,088 LBS 11. Frequency of discharge: Continuous ❑ Intermittent XE If intermittent: #001- 5HRS EVERY 4-6 MONTHS #002- 1HR EVERY 4-6 MONTHS Days per week discharge occurs: 6 Duration: #003- 2HRS WK AVG. 12. Types of wastewater discharged to surface waters only Discharge Flow (GALLONS PER DAY) Sanitary - monthly average N/A Utility water, etc. - monthly average N/A Process water - monthly average. N/A Stormwater - monthly average 37,000 GALS Other -monthly average .Explain: WATER FROM OUTFALLS #00140024003 4,181 GALS Monthly Average total discharge (all types) 41,280 GALS 13. Number of separate discharge points: 3 Outfall Identification number(s) #0014002- #003 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): MAP ATTACHED Page 3 of 5 C-MI 10108 /' ` V \ / ynn3099 515 l, f Ub 283 -T FellCh 1 \ taw 3898_ '' •• �d r pischar9e nk � • 'gQi sne ,e X 270 -T � It 3897 dr `\ / ;•Q•• < •.lti\ \� � - is 30 CC 1 ' I,� • z \\ 3896, \\ �i� \ • \ �I \ f �°--J ��\ O 15Q1 0 i • 11 \\ 'It ` • 33Y- O `i-/moo It Quad: Landrum, S.C. Latitude: 35'12'54" (001) N C 0 0 4 8 3 0 5 7. Facility - .:;.,c: :` `• = 35"13'03" (002 & 003) Carolina Yarn Processors Longitude: 82"14'14" (001) Location 82-141l" (002 & 003) Receiving Stream: UT North Pacolet River Stream Class: C Subbasin: 30806 .forth SCALE 9:24000 NPDES PERMIT APPLICATION - SHORT FORM C - Manor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for theparameters listed. Temperature andpHshall be grab samples, for all otherparameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize fhp n.r_rt ,i -.owwr. „r -1-4- Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids #001 - <5.0 #002 - 7.6 #003 - <5.0 <5.0 <5.0 <5.0 MG/ L Ammonia as N Temperature (Summer) Temperature (Winter) pH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO04805 NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) POLYMER (CAS#7446-70-0) AND CAUSTIC (CAS# 1310-73-2) ARE ADDED TO THE PRIMARY BASIN. BY THE TIME THE DILUTED SOLUTION GOES THRU THE SYSTEM AND OUR SAND BEDS, THE AMOUNT THAT COULD MADE IT TO THE STREAM WOULD ONLY BE A TRACE AMOUNT IF ANY. Page 4 of 5 C-MI 10108 �. NPDES PERMIT _ "OPLICATION - SHORT FORM C: - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No X® 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. Prin LI lvLDo,-157 of Person Signing ft Title Signature of Applicant' 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 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 guiliy 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.) 1 Page 7 of 5 C-MI 10108 - NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 04, 2013 Carolina Yarn Processors 250 Scriven Road PO Box 1579 Tryon, NC 28782 Subject: Receipt of permit renewal application NPDES Permit NCO048305 Polk County Dear Mr. David Moore, John E. Skvarla, III Secretary The NPDES Unit received your permit renewal application on February 04, 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, � Jeff Sp aLr-t Point Source Branch Program Supervisor IV Cc: Central Files Ashville Regional Office NPDES Unit 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone; 919-707-86001Internet: www.ncdenr.gov An Equal Opportunity1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper RECEIVED APR -1 2013 DWQ/9UrfAW water frateethm secdm Asheville Regional Office __ NorthCarolina VLIl �lL=� OC--SSORV _ 250 SCRIVEN-ROAD=_-- P.O. Box 1579.- -- -TRYON, -NC 28782_ TEL.. 82-8.859.5891 _ FAX. 828.859.9024 - EMAIL CYPDYEDYARN@ALLTEL_NET -- MR:_CHARLES J. WEAVER; --JR. -_N.CDEHR/DWQNPDES. 161:7--MAIL=_SERVICE-CENTER P _1ftGH,-_NC 27699-16-17_ - _ - - =D_E-_- -:MR. WEAVER, IN REGARDS_. TO 'OUR SLUDGE- OR -:SOLIDS MANAGEMENT PLAN:;-: SEDIMENTATION - FROM --OUR PRIMARY - - SEDIMENTATION €BASIN IS =-DISCHARGED =TO =OUR: SAND DRYING BEDS . _SOLIDS;=ARE -ALLOWED - TO- BE _ - SEPARATED OR=DEWATERED =AS THE --WATER- -PASSES- -=THE --SAND= BEDS= BEFORE BEING=DISCHARGED _ _ _ TO THE STREAM.; - - - ON-: SITE- STORAGE: OCCURS -BEFORE- -THE _SOLIDS ARE-LOADEDI�AND. TRUCKED OFF:_ =SEDIMENTATION MAY BE DISCHARGED _MANY TIMES- TO --THE _SAND- BEDS -BEFORE BEING TRUCKED ---TO =BOTH ON SITE AND OFF—SITE_DISROSAL AT=THE__COUNTY LANDFILL - - DA - - -- - VID MOORS -PRESIDENT - _ - - FENDRICH INDUSTRIES, INC.: = owQ/sut'ac. water rmtcetion Seecion Regional O:fice - Asheville rDyeing, -Bfeac _iuj -al i'ndiny of --all .Nalurat and_ S-ynfFi-efi.c_ =Yarns :- CAROLIMYARIV i�XOCESSORS 250 SCRIVEN ROAD P.O. Box 1579 TRYoN, NC 28782 TEL. 828.859.5891 FAX. 828.859.9024 EMAIL CYPDYEDYARN@ALLTEL.NET MR. CHARLES J. WEAVER., JR. NC DEHR/DWQ/NPDES 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 DEAR MR. WEAVER, IN REGARDS TO OUR SLUDGE OR SOLIDS MANAGEMENT PLAN, SEDIMENTATION FROM OUR PRIMARY SEDIMENTATION BASIN IS DISCHARGED TO OUR SAND DRYING BEDS. SOLIDS ARE ALLOWED TO BE SEPARATED OR DEWATERED AS THE WATER PASSES THRU THE SAND BEDS BEFORE BEING DISCHARGED TO THE STREAM. ON SITE STORAGE OCCURS BEFORE THE SOLIDS ARE LOADEDOAND TRUCKED OFF. SEDIMENTATION MAY BE DISCHARGED MANY TIMES TO THE SAND BEDS BEFORE BEING TRUCKED TO BOTH ON -SITE AND OFF -SITE DISPOSAL AT THE COUNTY LANDFILL. l SINCE, Uc� DAVID MOORE PRESIDENT FENDRICH INDUSTRIES, INC, RECEIVED APR -1 2013 DWQ/Surface Water Protection Section Asheville Regional Office Tyeing, Bleaching and Winding of all Natural and Synthetic Yarns CAROUM YARN I;xocESSoRs _. 250 SCRNEN ROAD P.O. Box 1579 TRYON, NC 28782 TEL. 828.859.5891 FAX. 828.859.9024 EMAIL CYPDYEDYARN (@ALLTEL. NET MR. CHARLES J. WEAVER., JR. NC DEHR/DWQ/NPDES 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 DEAR MR. WEAVER, IN REGARDS TO OUR SLUDGE OR SOLIDS MANAGEMENT PLAN, SEDIMENTATION FROM OUR PRIMARY SEDIMENTATION BASIN IS DISCHARGED TO OUR SAND DRYING BEDS. SOLIDS ARE ALLOWED TO BE SEPARATED OR DEWATERED AS THE WATER PASSES THRU THE SAND BEDS BEFORE BEING DISCHARGED TO THE STREAM. ON SITE STORAGE OCCURS BEFORE THE SOLIDS ARE L'OADEDOAND TRUCKED OFF. SEDIMENTATION MAY BE DISCHARGED MANY TIMES TO THE SAND BEDS BEFORE BEING TRUCKED TO BOTH ON -SITE AND OFF -SITE DISPOSAL AT THE COUNTY LANDFILL. SCE, DAVID MOORE PRESIDENT FENDRICH INDUSTRIES, INC. 0 Tyeing, Tleaching and 'Winding of all .Natural and Synthetic Yarns NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 13, 2010 Mr. Steven J. Silvia Carolina Yarn Processors Inc. P.O. Box 1579 Tryon, North Carolina 28782 Subject: NOTICE OF VIOLATION NOV-2010-MV-0059 Permit No. NCO048305 Carolina Yarn Processors WWTP Polk County Dear Mr.Silvia: Dee .Freeman Secretary A review of Carolina Yarn Processors' monitoring report for December 2009 showed the following violations: Parameter Outfall001 Date Measuring Violation Frequency Solids, Total Suspended - 12/31/2009 2 X month Failure to Monitor Concentration Flow, in conduit or thru treatment 12/05/2009 Weekly Failure to Monitor plant 12/12/2009 12/19/2009 Aluminum, Total (as Al) 12/05/2009 Weekly Failure to Monitor 12/12/2009 12/19/2009 Iron, Total (as Fe) '12/05/2009 Weekly Failure to Monitor 12/12/2009 12/19/2009 Solids, Settleable 12/05/2009 Weekly Failure to Monitor 12/12/2009 12/19/2009 Nne orthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Mr. Steven J. Silvia _ 1 May 13, 2010 ! -� Page 2 Parameter Outfall002 Date Measuring Violation Frequency Solids, Total Suspended - 12/31/2009 2 X month Failure to Monitor Concentration Flow, in conduit or thru treatment 12/05/2009__ Weekly Failure to Monitor plant 12/12/2009 12/19/2009 Aluminum, Total (as Al) 12/05/2009 Weekly Failure to Monitor 12/12/2009 12/19/2009 Iron, Total (as Fe) 12/05/2009 Weekly Failure to Monitor 12/12/2009 12/19/2009 Solids, Settleable 12/05/2009 Weekly Failure to Monitor . 12/12/2009 12/19/2009 Reminder. Holidays should be clearly marked on the appropriate monthly DMRs. It was also noted that the Compliance box on the back of the DMR was marked "Compliant' when in fact it should have been marked "Non -Compliant' with an explanation for the non-compliance. If the above parameter was left on inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, `Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: _DWQ Asheville Files; - y- DWQ„Central Files _ �- Deborah Bradley/ ORC S:1SWP1Polk\Wastewaterllndustrial\Carolina Yarn 483051NOV-2010-MV-0059.doc Michael F. Easley, Governor William G. Ross Jr., Secretary t North Carolina Department o, ironment and Natural Resources 7 ~� s r- Coleen H. Sullins, Director EIFILE-COPY Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION September 17, 2008 Ken Tucker Carolina Yarn Processors Inc PO Box 1579 Tryon NC 28782 SUBJECT: Compliance Evaluation Inspection Carolina Yarn Processors Permit No: NCO048305 Polk County Dear Mr. Tucker: Enclosed please find a copy of the Compliance Evaluation Inspection Report for from the inspection, which I conducted at your facility on September 3, 2008. The facility was found to be in Compliance with permit NC0048305. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to contact me at 828-296- 4500. Sincer ly, Keith Hayne Environmental Senior Specialist Enclosure cc: Central Files AsFiles G:\WPDATA\DEMWQ\POLK\48305 Carolina Yarn\CE1090308letter.doc - AlorthCarolina Natura!!y 2090 U.S. Highway 70; Swannanoa,- NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. E p A Wastiinglbn, D:d. 20460 _ r"/'1 OMB No. 2040-0057 Water Compliance Inspection Re Ort Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I sI 31 N00048305 111 121 08/09/03 117 181 rl 191 cl 20IU LJ LJ U tJ Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 1.1 1 1 1 1 1 1 161 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------------------------Reserved----------------- 67 I 169 70 U 71 U 72 U N) 73 I I 174 751 I I I I I I 180 ' W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Carolina Yarn Processors 10:30 AM 08/09/03 05/05/01 Exit Time/Date Permit Expiration Date 250 Scriven Rd Tryon NC 28782 11:00 AM 08/09/03 08/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jerry McSwain/// Name, Address of Responsible OfficialfTitle/Phone and Fax Number Ken Tucker, PO Box 1579 Tryon NC 28782//828-859-5891/ ContactedYes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance E Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers ///n111Date Keith Haynes ARO WQ//828-296-4500/ q. 16.08 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards V l?/ ARO WQ//828-296-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NCO048305 I11 12I. 08/09/03 I17 18'_I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Discharges from the outfalls are sparodic. There was no discharge from any of the outfalls during this visit. This inspection was conducted in conjunction with the Town of Tryon SIU Pretreatment inspection. Page # 2 Permit: NCO048305 Owner - Facility: Carolina Yarn Processors Inspection Date: 09/03/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ Cl ❑ ❑ Comment: Outfall 001 - Sandfilter from backwash Outfall 002 - Lower basin backwash Outfall 003 - Filter Backwash Effluent Pipe Tes no nH n Is right of way to the outfall properly maintained? ■ 1100 Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: No problems noted with the receiving streams. There were no discharges during this inspection. Page # 3 O�O� W AT l9QG r 0 iii< July 2,-2008 Mr. Steve Silvia, President Carolina Yarn Processors P. O. Box 1579 Tryon, NC 28782 1 u Michael F. Easley, Gove or William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coledii H: Sullins; Director ' Division of Water Quality Subject: Dear Mr. Silvia: J U L - 3 2008 WATER QUALITY SECTION �. ASHEVILLE REGIONAL OFFICE Draft NPDES Permit` Permit`NC0048305' - " - Carolina Yarn Processors WTP Polk County Enclosed with this letter is a draft NPDES permit -for the Carolina Yarn Processors WTP. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no significant change from your current permit. At this time, the Division is submitting a notice to the newspapers of general circulation in Polk County, inviting comments from you, or your representative, the public and other agencies on the draft permit. The notice should be published on or about July 2, 2008. Please submit any comments to me no later than August 15, 2008. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in August, with an effective date of October 1, 2008. If you have any questions or comments concerning this draft permit, you may contact me -at the telephone number (919) 733-5083 ext 508. Sincerely, Agyeman Adu-Poku Environmental Engineer Western NPDES Program cc: NPDES Unit _ Asheville Regional_ Office/Surface Water Protection Section NorthCarolina Naturally 3 4- North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatergdality.org Location: 512 N. SalisburySt. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper - Permit NCO048305 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, Carolina Yarn Processors is hereby authorized to discharge wastewater from a facility located at Carolina Yarn Processors 250 Scriven Road Tryon Polk County to receiving waters designated as an unnamed tributary to the North Pacolet River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on July 31, 2013. Signed this day Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO048305 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Carolina Yarn Processors is hereby authorized to: 1. Continue to operate a 0.245 MGD water treatment plant with the following components: ➢ Primary and secondary sedimentation basins ➢ Flow equalization ➢ Polymer feed system ➢ Sand filter beds ➢ Filtration This facility is located in Tryon off Scriven Road in Polk County. 2. Discharge wastewater from outfalls 001, 002 and 003 at the location specified on the attached map into an unnamed tributary to the North Pacolet River, classified C waters in the Broad River Basin. Permit NCO048305 A: (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During -the period beginning on the effective date of this permit and lasting until expiration,. the-Pertnittee is authorized to discharge filter backwash from outfall 001(primary sedimentation basin). Such discharges shall be . limited and"monitored by the Permittee as specified below: EFFLUENTry�k, Rt'y� ,; A; 3:LIMITS t,K,k� raMONITORINGREQUIREMENTS},t; �Ar CHARACTERISTICS`s . t MonthlyN ; Daily Measurement Sample Type a rl8ample Location ?, ak ' G fi� ; N")K, �erage,,, Maximum Frequenc MM . r �, k€ , 3 4 r ; Flow Weekly Instantaneous Effluent . Total Suspended Solids 30.0 m l , 45.0 m /L 2/Month Grab Effluent . Settleable Solids 0.4 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity2 Weekly Grab Upstream& Downstream - Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes 1. Upstream = at least 50 feet upstream from the butfallDownstream at least 50 feet downstream from the outfall.' 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. if the instream turbidity exceeds 50 NTU due -to natural background, conditions,'the discharge'cannot cause iurlidity to,increase in the receiving stream : All samples collected should be from a representative discharge event. r There shall be no discharge of floating solids or visible foam in other than, trace amounts. : A. (2) -EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) ' During the period beginning on. the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 002 (secondary sedimentation basin). Such discharges shall be -limited and monitored by the'Permittee as specified below. EFFLUENT i ka rt , , z"y sx tits°pro* LIMITS_MONITORING f 7 � r ' r � REQUIREMENTSk �. .,a CHARACTERISTICS ,� k ` s� �, .'„ r w � . Y � c x � r �A � B� � l�rs,�}y' 3- x t,+,�"?a � 2. !fRw g '` r RMonthly -� 7 $ -r Daily s G. Measurement '�. Tyryl Sample Type }l , location l K ti.� r Maximum z ...i�. Frequent. kk`Ci'iy?' z$Sample ti� S Iy,{h(.'.{{ is llverage" c4 ._.`� �..�ts� ¢ �, , z. ,,,v<�., Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m IL 45.0 m /L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab " Effluent Turbidity2 Weekly Grab Upstream & Downstream Iron ' Weekly Grab Effluent Aluminum 'Weekly Grab Effluent Footnotes: 1. Upstream'= at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream fiom,the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving, stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity_ to increase in the receiving stream. All samples collected`should be from a representative -discharge event. There shall beano discharge of floating solids or"visible foam in other than trace amounts. Permit NC0048305 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 003 (filter backwash). Such discharges shall be limited and monitored by the Permittee as specified below: i LIMIrTS F �z 'J REQUIREMENTS" CHARACTERISTICS k } f; ` ,`ram MONITORING _ < A" : < - �� Monthly V T urements SampleSam Ie Location? p t= F -•:, p f Y t Y - r. r; tr ,.r 3,: t ,fir *:r -: p Y 3si erage;�=Maximum'.. S. Fr ,equency, Flow Quarterly Instantaneous Effluent Total Suspended Solids -30.0 m IL 45..0 m /L Quarterly Grab Effluent Settleable Solids 0.1 mllL 0.2 ml/L Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream & Downstream Iron Quarterly Grab Effluent - Aluminum Quarterly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream.. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visiblefoam in other than trace amounts. July 2, 2008 NCDENR/DWQ .FACT SHEET FOR NPDES PERMIT DEVELOPMENT Carolina Yarn Processors WTP NPDES Permit Number NCO048305 q ` FaCili Irifoimatbri i TA 4 Qu � 3snry r ., {,:_ l ta."t.•_ Facility Name: Carolina Yarn Processor (2.) Permitted Flow (MGD): 0:245 6.) County: Polk - (3.LFFacility Class: I 7.) Re 'on_a_l Office: Asheville _ (4.) Pretreatment Program: NA (8.) USGS To o Quad: (5.) Permit Status: Renewal (9.) USGS Quad Name: Inmam SC - NC y (1�Receiving Stream: UT to North Pacolet River 7.) Drainage Area mil : 1.4 (2.) Sub -basin: } 030806_ 8.) Summer 7Q10 cfs): 0.5 (3.) Stream Index Number: (9.) Winter 7Q10 (cfs): NA (4.) Stream Classification: I C 30Q2 (cfs): N/A (5.) 303(d) Status: _(10.) Not Listed - 11.) Average Flow (cfs): 2.0 6.) 305(b) Status: Supporting (12.) IWC %: 1.22 1.0 BACKGROUND This"is a renewal permit for a conventional water treatment system for Carolina Yarn Processor. The system generates approximately-0.245 MGD of backwash water. 2.0 PERMIT DEVELOPMENT This permit was drafted accorded to the NPDES Permitting Strategies for Potable Water Treatment Plants, September 2007. 3.0 PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: July 2, 2008. Permit Scheduled to Issue: August 25, 2008: 4.0 NPDES Unit Contact If you have questions regarding any of the above infortnation or on the attached permit, please. contact Agyeman Adu-Poke at (919),733-5083 ext. 508. ��I� + ml+w, 1��-'Vl - —rk-'-' DATE: 7121 �i NPDES Permit Fact Sheet NCO048305 Regional Office Comments NAME: DATE: REGIONAL SUPERVISOR: DATE: NPDES SUPERVISOR: DATE: January 25, 2008 STEVE SILVIA PRESIDENT CAROLINA YARN PROCESSORS PO BOX 1579 TRYON NC 28782 Michael F. Easle 6Ov or William G. Ross Jr., Secre North Carolina Department of Environment and Natural Reso Coleen IL Sullins, Di .'Division of Water Quality f I : D AN 2 8 2008 10 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Receipt of permit renewal application NPDES Permit NCO048305 Carolina Yarn Processors Polk County Dear Mr. Silvia: The NPDES Unit received your permit renewal application on January 24, 2008. A member of the NPDES Unit will review your application. They will contact you if additional information is requited 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 permits, please contact Susan Wilson at (919) 733-5083, extension 510. Sincerely, - Dina Sprinkle NPDES Unit cc: CENTRAL FILES frst`li+e`A� ,'e. nn Qffice/Surface Water Protection NPDES Unit One No Carolina Niura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: wmm.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affi a Adion Employer— 50% Rec idedll0% Post Consumer Paper i `--GARoUNAYUN f-AXESSORS L 250 SCRIVEN ROAD P.O. Box 1579 TRYON, NC 28782 TEL. 828.859.5891 FAx. $28.859.9024 EMAIL CYPDYEDYARNQALLTEL.NET MR. CHARLES H. WEAVER, JR. NC DEHR/DWQ/NPDES 1617 MAIL SERVICE CENTER RALEIGH, NC 276.99-1617 01-11-08 SUBJECT: RENEWAL OF NPDES PERMIT NO. NC 0048305 CAROLINA YARN PROCESSORS POLK COUNTY DEAR MR. WEAVER, THIS LETTER IS TO REQUEST RENEWAL OF OUR DISCHARGE PERMIT NO. NC0048305.- THERE HAVE BEEN NO CHANGES AT THE FACILITY SINCE ISSUANCE'OF LAST PERMIT. SINGER , STEVE SILVIA 'Dyein.g, Bleaching and Winding of all .Natural and Synthetic Yarns NPDES PERMIT -ii�PLICATION - SHORT FORM'; Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES' Permit Number INCOO 48305 Please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number FENDRICH INDUSTRIES, INC. CAROLINA YARN PROCESSORS PO BOX-1579... - TRYON NORTH CAROLINA 28782 828-859-5891 . Fax Number . 828-859-9024 e-mail Address CYPDYEDYARN@ALLTEL . NET 2. Location of facility producing discharge: Check here if same as aboveEl Street Address or State Road 250 SCRIVEN ROAD City TRYON State / Zip Code N.C. 28782 County POLK 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 CAROLINA YARN.PROCESSORS Mailing Address 250 SCRIVEN. ROAD City TRYON State % Zip Code N.C. 28782 Telephone Number 828-859-5891 Fax Number 828-859-9024 4. Ownership Status: Federal ❑ State ❑ Private © Public ❑ Page 1 of 5 C-MI 03/05 Aff NPDES PERMIT Arr`LICATION - SHORT FORM C ".1inor Industrial- ` Minor industrial, manufacturing and commercial facilities. S. Standard Industrial Classification (SIC) code(s): 2284 6. Number of employees::. 60 ± ;: 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. SHEET ATTACHED S. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes', specify the category? 9. Principal product(s)produced: BLEACHED AND DYED SYNTHETIC AND NATURAL YARNS Principal raw material(s) consumed: PROCESS NATURAL AND SYNTHETIC. YARN Briefly describe the manufacturing process(es): WET PROCESSING OF YARNS:' BLEACHING, -DYEING OF NATURAL AND SYNTHETIC YARNS EITHER AS A SERVICE TO OTHER MANUFACTURING COMPANIES OR FOR DIRECT SALE TO OTHER`,MANUFACTURING COMPANIES. Page 2 of 5 C-MI 03/05 NPOES PERMIT �'s-PLICATION - SHORT FORM (_-<-' Mi.nor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed •r _ _s_ - ,.A �..« A/.......•.:fo of s•.rn rii inlinn mloY 'YIP �fLC�"ff1YPP 7/R/7Y.S� , LLJ4 V - Product Produced or Raw Material Product Produced or Raw Material Consumed .._......Consumed AVERAGE PEAK per Day 5 36 LBS per Month 172 j080 LBS 291,336 LBS per Year 1 2,064,956 LBS 2,544,154 LBS 11. Frequency of discharge: Continuous Intermittent © . If intermittent: #001 -5 HRS , EVERY 2-4 MONTHS #002 -1 HR . EVERY 2-4 MONTHS Days per week discharge occurs: 6 Duration: 4003 - 2 HRS WK AVG. 12. Types of wastewater discharged to surface waters only Flow Discharge GALLONS PER DAY Sanitary - monthly average N/A Utility water, etc. - monthly average N/A Process water - monthly average -N/A:. Storniwater -monthly average .3 7 ,100 GALS Other - monthly. average WATER FROM OUTFALLS. #001 #002 #003 . Explain: ; 4,181 GALS Monthly Average 41,280 GALS total discharge (all types) 13. Number of separate discharge points: 3 Outfall Identification number(s) #001 #002 #003 14. Name of receiving stream(s) (Provide a map.shouring the exact location of each outfall, including latitude and longitude): MAP ATTACHED. Page 3 of 5 Im C-M103/05 NPDES PERMIT )„ 'LICATION - SNORT FORM C , _ ., dinor Industrial Minor industrial; manufacturing and commercial facilities. Y r "7 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 more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of ..:. Measurement Biochemical Oxygen Demand (BOD5) N/A Chemical Oxygen Demand (COD) N/A Total Organic Carbon N/A Total Suspended Solids 802 _ 2.0 N2 mg/1 Ammonia as N N/A . Temperature (Summer) N/A - Temperature (Winter) N/A pH N/A Fecal Coliform (If sanitary waste is present) N/A Total Residual Chlorine (if chlorine is used) N/A 16. List all permits, construction approvals and/or applications (check all that apply and providepermit- numbers or check none if not applicable): Type Hazardous Waste -(RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) Permit Number Type NESHAPS (CAA) Ocean Dumping (MPRSA) NCO048305 Dredge or fill (Section 404 or CWA) Other Permit Number 17. List any 'Chemicals that may be discharged (Please list and explain source and potential amounts.) POLYMER (CAS#-7446-70-0 ) AND CAUSTIC( CAS# 1310-73-2 ) ARE ADDED TO THE PRIMARY BASIN. BY THE TIME THE DILUTED SOLUTION GOES THRU THE SYSTEM OR OUR SAND BEDS. THE AMOUNT THAT COULD MAKE IT TO THE STREAM WOULD BE ONLY A TRACE AMOUNT IF ANY. Page 4 of 5 C-MI 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No ❑X 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. STEVE SILVIA PRESIDENT Printed name of Person Signing Title 12 k- J�� 01-11-2008 Sign�.rd-of pplicant 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 implementing that Article, or who falsifies, tampers) with, . or knowingly renders inaccurate_ any recording or monitoring device or method' required to be operated: or, iimaintained under Article 21 or regulations of the Environmental Management Commission implementingatha.tArdele, 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.) 1 Page 5 of 5 C-MI 03/05 CAR0UMYAFNfj40CESS0RS 250 SCRIVEN ROAD P.O. Box 1579 TRYON, NC 28782 " TEL. 828.859.5891 FAX. 828.859.9024 EMAIL CYPDYEDYARN OALLTEL. NET WATER TREATMENT SYSTEM WE USE THE FOLLOWING IN OUR WATER TREATMENT. PRIMARY AND SECONDARY SEDIMENTATION BASINS POLYMER FEED SYSTEM FLOW EQUALIZATION SAND FILTER BEDS FILTRATION 01-11-08 PRIMARY SEDIMENTATION BASIN — WATER FROM POND IS CHANNELED TO OUR PRIMARY BASIN ( HOLDING CAPICITY 145,000 GALS) WHERE POLYMER AND CAUSTIC ARE ADDED TO CLEAR UP THE TURBIDITY AND CONTROL PH. WATER IS THEN PIPED TO OUR SECONDARY BASIN. FLOW EQUALIZATION — BACKWASH FROM THE PRIMARY BASIN IS PIPED THRU OUR FLOW EQUALIZATION CHAMBER -BEFORE -ENTERING OUR SAND BEDS. SAND FILTER BEDS — AS NEEDED DURING THE YEAR AS SEDIMENT AND SOLIDS FROM OUR POLYMER TREATMENT BUILDS UP IN THE PRIMARY BASIN, IT IS WASHED TO OUR SAND BEDS. SEDIMENTS AND SOLIDS ARE ALLOWED TO BE SEPARATED AS THE WATER PASSES THRU THE SAND BEDS AND IS THEN DISCHARGED TO THE STREAM. OUTFALL #001 SECONDARY SEDIMENTATION BASIN — WATER FROM OUR PRIMARY BASIN IS PIPED TO OUR SECONDARY BASIN ( HOLDING CAPICITY 92,00 GALS) WHERE ADDITIONAL TURBIDITY IS ALLOWED TO SETTLE. AS" NEEDED DURING THE YEAR AS SEDIMENT -BUILDS UP IN THE SECONDARY BASIN IT IS WASHED TO THE STREAM. OUTFALL #002. FILTRATION SYSTEM — WATER FROM .OUR SECONDARY BASIN IS PIPED TO OUR FILTERS ( HOLDING CAPICITY 8,000 GALS) TO FURTHER CLEAN THE WATER,�WATER FROM FILTERS IS THEN PIPED TO OUR PROCESS. AS NEEDED THE FILTERS ARE BACKWASHED TO THE STREAM. OUTFALL #003. 'Dyeing, T.leaching and Winding of all .Natural and Synthetic Yarns WIFE s Ma JIM- . . Location SCALE ... CAROUMYARN 1"- OCESSOPS 250 SCRIVEN ROAD P.O. Box 1579 TRYON, NC 28782 TEL. 828.859.5891 FAX. 828.859.9024' EMAIL CYPDYEDYARN@ALLTEL'.NET 01-11-08 MR.. CHARLES H. WEAVER, JR. NC DEHE/DWQ/NPDES 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 SUBJECT: RENEWAL OF NPDES PERMI NO. NC 0048305 CAROLINA YARN PROCESSO POLK COUNTY DEAR MR. WEAVER, .IN REGARDS TO OUR SLUDGE OR SOLIDS MANAGEMENT PLAN,.SEDIMENTATION FROM OUR PRIMARY SEDIMENTATION BASIN IS DISCHARGED TO OUR SAND DRYING BEDS. SOLIDS ARE ALLOWED TO BE SEPARTED OR DEWATERED AS THE WATER PASSES TH_RU THE SAND BEDS AND IS DISCHARGED TO THE STREAM. ON SITE.STORAGE OCCURS'BEFORE THE SOLIDS ARE LOADED AND TRUCKED OFF. SEDIMENTATION MAY BE DISCHARGED SEVERAL TIMES TO THE SAND BEDS BEFORE BEING TRUCKED TO BOTH ON -SITE AND OFF -SITE DISPOSAL AT THE COUNTY LANDFILL. SINCE LY, STEVE SILVIA Dyeing, Bleaching and Winding of all .?Natural and Synthetic Yarns A 7L4LA. HCDENR" North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 21, 2007 Steven J. Silvia Carolina Yarn Processors, Inc. P.O. Box 1579 Tryon, NC 28782-1579 William G. Ross, Jr., Secretary Coleen H. Sullins, Director Subject: Renewal Notice NPDES Permit NCO048305 Carolina Yarn Processors Polk County Dear Permittee: Your NPDES permit expires on July31, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must .be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than February 2, 2008. Failure. to request renewal by this date may result in a civil assessment of at least $500.00. ' Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after July 31, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. cc: Central Files . Asheville Re 'onal Office Surface Water Protectio NPDES File Sincerely, Charles H. Weaver r. NPDES Unit 7 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919733-0719/charles.weaver@ncmail.net NofthCaro ina An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper I. 'DES PERMIT NC004830.1" CAIcOLINA YARN PROCESSGjcF,`S POLK COUNTY The following items are REQUIRED for all renewal packages: 0 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. 0 The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. 0 If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). o 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 by anv Municipal or Industrial facilities discharp-ing process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, Elter backwash, etc.) 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: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Michael F. Easley, Governor ff �` , William G. Ross Jr., Secretary North Carolina Department.ivironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION June 5, 2007, Ken Tucker Carolina Yarn Processors Inc PO Box 1579 Tryon NC 28782 SUBJECT: Compliance Evaluation Inspection Carolina Yarn Processors Permit No: NC0048305 Polk County Dear Mr. Tucker: Enclosed please`find a copy of the Compliance Evaluation Inspection Report for ' the inspection conducted. on June 1, 2007. Do'n� Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection.. The facility was found to be in Compliance with permit NC0048305. Please refer to the enclosed inspection report for additional observations and comments.., If you or your staff, have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Specialist Enclosure - cc: Central Files oorthCarolina AWN1711!/ 2090 U.S. Highway 70, Swannanoa; NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877.623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Com liance'Ins ection Report Approval expires 8-31 98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I SI 3I 1 N00048305 _ 111 121 07/06/01 117 18I CI 191 sl. 20U LJ 1=J lJ Remarks 211 1 1 1 1 1 '1 1 1 -1 1 I .1 1 I 1 1 1 1 1 1 1 1 1 .1 1 I I I .I I I 1 '1, 1 1 1 11 1 .I 1 1 1 1 1 16. Inspection Work Days Facility Self -Monitoring Evaluation Rating B1- QA' ---------- = ------ -- ------- - Reserved ---- ---------=------ 671 i 69 70I I .71 I' 72 73I I 174 751 1 I 1 I 1 1 180 t� ! 1_LJ Section B: Facility! Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES/permit Number) " 09:20 AM 07/06/01 05/05/01, Carolina Yarn Processors Exit Time/Date Permit Expiration Date 250 Scriven Rd Tryon,NC 28782 09:55•AM 07/06/O1 08/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) OtherFacility Data Jerry W McSwain/// Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ken Tucker, PO Box 1579 Tryon NC 28782//828-859-5691/, No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit .Operations & Maintenance ■ Facility Site Review Effluent/Receiving Waters Section D-.'Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of nspector(s) Agency/Office/Phone and Fax Numbers bate, Keith Haynes ARO WQ//828-296-4500/' OV Don Price 1� O Point Source Branch//828-296-4500/i Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dale, Roger C Edwards �ARO WQ//628-296-4500/ •�XX 7 a v EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type ? 3I NCO048305 I11 12I 07/06/01 1.17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Outfall 001 - Sandfilter from backwash Outfall 002 - Lower basin backwash, which according to Mr. Tucker has not discharged in the last 10 years. Outfall 003 - Backwash The facility appeared to be well maintained and properly operated. Discharges from the outfalls are sparodic. There were no discharges during this visit. Page # 2 V � � Permit: NCO048305 Owner - Facility: Carolina Yarn Processors Inspection Date: 06/01/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ❑ Is the facility as described in the permit? n ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? ®❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge If ❑ n n Judge, and other that are applicable? i Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ®❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® n n n If effluent (diffuser pipes are required) are they operating properly? ® n n ❑ Comment: There was no discharge from .any of the three outfalls during this visit 6 Page # 3 CAROUNA)�-RN-=-PR'b-CF�SORS-�------- 250 SCRTVEN ROAD P.O.-Box 1579 TRYON, NC28782 TEL. 828.859.5891 FAX. 828.859.-9024- EMAIL CYPI)YEDYARN(CDALLTEL.NFT -NOVEMBERz- 30,2006 ROGER: C.--EDWARDS,---R-fGIONAL SUPERVISOR SUBJECT: NOTICEOF VIOLATION SURFACE_ WATER- PROTECTI-ONi NOV-2006-MV-0164 NORTH CAROLINA DEPARTMENT OF -11-XC0048305 z - PERMIT ENV-IRONMENT-AND:NA-TURAL-=RESOUkCES -.---.--.2090 U.S. HIGHWAY --70 SWANNANOA NC 28778 DEAR MR. EDWARDS: -.IN-RESPONSE TO YOUR LETTER DATED NOVEMBER 27,2006-ABOUT NOTICE OF VIOLATION_- NOV'2006=MV-0164. ON___JU_LY -03,200'6- -WE- HAD --A ONE_ DAY -DISCHARGE -IN -WHICH SAMPLES WERE'_NOT.-TAKEN AS -NEEDED. THE EMPLOYEE -INVOLVED -HAS BEEN COUNSELED WITH-ON-THE-PkOPER-.SAMP-LING:PROCEDURES.--- THIS OCCURRENCE -WILL NOT -HAPPEN AGAIN. -- IF YOU NEED ANY -OTHER. INFORMATION -OR HAVE ANY QUESTIONS PLEASE FEEL -FREE TO -CONTACT ME- AT 8_28-859-5851- SINCERELY kEN TU. ER DIR/ G CAROLINA YARN -PROCESSORS gooz 01 T- Uri, n d arns -n te 1 -7 g a --Dyei _q,- i13: a c I Winding. �f _all- Natural an-d Synthetic. Q � r icha Easley, +~iovemor u, Wi iam Ross Jr., eclet North Carolina Department pf Environ nt an !rf"t ral Iresources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION November 27, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 2272 Mr. Steven Silvia Carolina Yarn Processors Inc. Post Office Box 1579 Tryon, North Carolina 28782 Subject: NOTICE OF VIOLATION NOV-2006-MV-0164 Permit No. NCO048305 Carolina Yarn Processors Polk County Dear Mr. Silvia: A review of Carolina Yarn Processors's monitoring report for July 2006 showed the following violations: Parameter Date Measuring Frequency Violation Aluminum, Total (as Al) 07/01/06 Weekly Failure to- Monitor Iron, Total (as Fe) 07/01/06 Weekly Failure to Monitor Solids, Settleable 07/01/06 Weekly Failure to Monitor Solids, Total Suspended 07/31/06 2 X month Failure to Monitor Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Carefully review these violations and deficiencies and respond in writing to this office within ten (10) working days of receipt of this letter.. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Mr. Larry Frost at (828) 296-4500. Sincerely, RogerC. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Aawra!!if C Michael F. Easley, Governor William G. Ross.Jr.', Secretary Gv North Carolina DepartmentResources '- ��vironment and Natural ��� r . AID-TMlim k, P E. Director' " '� `� ision • f Wa er.Quali Omer Asheville Regional Office SURFACE WATER PROTECTION June 27, 2005 Mr. Ken Tucker Director of Manufacturing Carolina Yarn Processors Post Offie Box 1579 Tryon, North Carolina 28782 SUBJECT: Compliance Evaluation Inspection Carolina.Yarn Processors Carolina Yarn Processors'WTP Permit No: NC00048305 Polk County Dear Mr. Tucker: Enclosed please find a Copy of the Compliance Evaluation Inspection form from the inspection conducted on _June 24, 2005. Larry Frost of the Asheville Regional. Office conducted. the Compliance Inspection. The facility was found to be in: Compliance with permit NC00048305. Please refer to the enclosed, inspection report for additional observations and comments. If you or your staff have any questions, please call Mr. Frost at (828)-296- 4658. Sincerely, Lar Frost E ironmental Chemist Enclosure cc:. Central Files On e t NhCarolina 2090 U.S. Highway 70, Swannanoa, NC:28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 '877 623-6748 Nawrallll 1 �imau ocaces tnvironmental Protection Agency PA Washington, D.C. 20460 - Form Approved. OMB No. 2040-0057 Water C, Hance Ins ection Re Ort Approval expires 8-31-98 77E Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 151. 31 NCO048305 1 11 121 05/06/24 1 17 18 19 U U 20 U 211 I I I I I I Remarks I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � 1 j 1 1 j1 1 1 1 1[ 1 1 1 1 1 1 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating Bi QA 671 169 70 U 71 U 72 LT 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Carolina Yarn Processors 01:30 PM 05/06/24 03/11/01 250 Scriven Ltd Exit Time/Date Permit Expiration Date Tryon NC 28782 02:00 PM 05/06/24 08/07/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Ken Tucker,PO Box 1579 Tryon NC 28782//828-859-5891/ Contacted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit0 Operations & Maintenance N Facility Site Review 'Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date -T Larry Frost ABO WC2//828-296-4500 Est.4658/ Signature pTManagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date 0 6 `7 S EPA Form 356073 (Rev 9-94) Previous editions are obsolete. W NPDES ; _• nno/da 3 Y Inspection Type NC0044105 I11 12I 05/06/24 117 18I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility appears to be well maitained and operating properly. Ppr(lftheprese, e t permit expires in 6 months or less). Has the permittee submitted a new application? El ❑ 0 ❑ Is the facility as described in the 'permit? ❑ ❑ ❑ Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public?W ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? NCl ❑ ❑ Comment: Operations & Maint nap P Is the plant generally clean with acceptable housekeeping? Yes No NA N ElDoes ❑ ❑ the facility, analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are.applicable? ❑ 0 ❑ Comment: State of North Carolina Department of Environment and Natural Resources = Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director - Mr. Steven Silvia Carolina Yarn Processors P.O. Box 1579 Tryon, -North Carolina July 30, 2003 28782 . DENR R s(DEPARTMENT OF ENV M T D L-RESOURCES Subject: Draft NPDES Permit Permit NCO048305 Carolina Yarn Processors - Polk County Dear Mr. Silvia: Enclosed with this letter is a copy of the draft permit for your facility. Please review the -draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains'no significant changes from your current permit. Submit any comments to me no later, than thirty days, following your receipt of the draft. Comments should be sent to the address listed at the bottom of -this page. If no adverse comments are received" from the public or from you, this permit will likely be issued in late September, with an effective date of November 1, 2003. If you have any questions or comments concerning this draft permit, call me at (919) 733-5083, extension 511. cc: . NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal. Opportunity Affirmative Action Employer Sincerely,- Charles H. Weaver, Jr. NPDES Unit 919 733-5083, extension 511 (fax) 919 733-0719 Charles.Weaver@ ncmail.net N " Permit NCO048305 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES - DIVISION OF WATER QUALITY PERMIT �k- ' O' DISCI IARGE WASTEWATER UNDER THE ZIP 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, Carolina Yarn Processors is hereby authorized to discharge wastewater from a facility located at Carolina Yarn Processors 250 Scriven Road Tryon Polk County to receiving waters designated as an unnamed tributary to the North Pacolet River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on July 31, 2008. Signed this day bf1IF177. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 13 Permit NCO048305 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Carolina Yarn Processors is hereby authorized to: 1. Continue to operate a 0.245 MGD water treatment plant with the following components: ➢ Primary and secondary sedimentation basins ➢ Flow equalization ➢ Polymer feed system ➢ Sand filter beds ➢ Filtration This facility is located in Tryon off Scriven Road in Polk County. 2. Discharge wastewater from outfalls 001, 002 and 003 at the location specified on the attached map into an unnamed tributary to the North Pacolet River, classified C waters in the Broad River Basin. =1 :. Q'MKIM l Fly a •- �� / / , FaciLity • • • • • • Permit NCO048305 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001 (primary sedimentation basin). Such discharges shall be limited and monitored by the Permittee as specified below: "UPLUENT` CHARACTERISTICS LIMITS =: MONITORING REQUIREMENTS' - onthly _ ,- ;Average ;. Daily. Maximum .. Measurement„ ;,Frequency ,: Sample Type :. - Sample Location? , Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m /L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity2 Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (002) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 002 (secondary sedimentation basin). Such discharges shall be limited and monitored by the Permittee as specified below: tFFL'UENT CHARACTERIS,,TICS .. .LIMITS MONITORING -REQUIREMENTS` Monthly t,;.Average ; Daily Maximum Measurement : Frp uenc . Sample Type . Sample Locations Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45.0 m /L 2/Month Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent Turbidity2 Weekly Grab Upstream & Downstream Iron Weekly Grab Effluent Aluminum Weekly Grab Effluent Footnotes: 3. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 4. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO048305 1 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (003) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 003 (filter backwash). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT- 'CHARACTERISTICS :.. LIMITS ; MONITORING REQUIREMENTS' Monthly Average Daily Makinlurri Measurement Frequency,_ =';Sample Type Sample Locaton1 Flow Quarterly Instantaneous Effluent Total Suspended Solids 30.0 m /L 45,0 m /L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream & Downstream Iron Quarterly Grab Effluent Aluminum Quarterly Grab Effluent Footnotes: 5. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 6. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There'shall be no discharge of floating solids or visible foam in other than trace amounts. State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross,, Jr., Secretary Alan-W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 28, 2003 Mr. Ken Tucker Carolina Yarn Processors PO Box 1579 Tryon, North Carolina 28782 Y' Subject: NPDES Permit Renewal Application Permit NCO048305 �,I o 2003 Carolina Yarn Processors MAC 3 s 1 Polk'County Dear Mr. Tinker: WAttf The NPDES Unit received your permit renewal application on May 27; 2003. Thank you for submitting .this package. _ The permit renewal for.this facility has been assigned to a staff member.: This 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 4 years 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 NCO048305 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 Charles Weaver at (919) 733-5083, extension 511. Sincerely, Valery Stephens Point Source Unit cc: Ashev/ ille Regional Office, Water Quality Section k-WADES :He {L�1 Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http:#h2o.enr.state.nc.us[NPDES Valery.Stephens@ncmail.net r _ C arohna YARN PROCESSORS P. 0. BOX 1579 TRYON, NORTH CAROLINA 28782 MAY 21 , 2003 TEL. 704-859-5891 MR. CHARLES H. WEAVER, JR. FAX 704-859-9024 NC DEHR/DWQ/NPDES 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 SUBJECT:.RENEWAL OF NPDES PERMIT. NO. NC 0048305 CAROLINA YARN PROCESSORS POLK COUNTY DEAR MR. WEAVER, THIS'LETTER IS TO REQUEST RENEWAL OF OUR DISCHARGE PERMIT NO. NCO048305. THERE HAVE BEEN NO CHANGES AT THE FACILITY SINCE ISSUANCE OF LAST PERMIT. W ERELY Ali , Dyeing, Bleaching and 'Winding of .all Natural and Synthetic Yarns NPDES TERMIT APPLICATION - SHORT FORM C For°manufacturing 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 North Carolina;NPDES Pprmiti Number NC00 48305 Pleaseprint or type l... Applicant and facility producing discharge A. Name CAROLINA YARN PROCESSORS.. 13- Mailing address' of, applicant: _'Street address PO BOX- 1579 .City TRYON County. POLK . State NORTH CAROLINA'' Zip Code 28782 Telephone Number. ( '828 Fax'Number (, 828 ') 859-90,24 e-mail. address " CYPDYEDYARN@ALL' TEL . NET C. _Location of facility: " Contact Person KEN TUCKER Street 250 SCRIVEN' ROAD . City " TRYON CountyP.OLK State NORTH CAROLINA_. Zip Code 28782 Telephone Number �(,"828 _ - 859-5891 2.' . Standard:lndustdalClassifcation (SIC) code(s): 2284 3. Number of employees: 85 4. Principal, products) produced: BLEACHED AND DYED SYNTHETIC AND NATURAL YARNS, Principa,rawmatenaf(s)rvconsumed: PROCESS NATURAL - AND SYNTHETIC YARN 5. Principal process(es): WET 'PROCESSING O.F• YARN - BLEACHING, DYEING RAND DRYING, ,OF NATURAL AND,SYNTHETIC"YARNS 6. Amount of principal,product produced (or raw'material consumed) Lists ecific amountstconsumedandlorunits'ofproduction), Product Produced .or, Raw; Materiaf_Corisumedf" "ProductProduced.orRaw:MateriahConsumed AVERAGE > P.EAK er; Day 20 000 ` LB - per Month ;•. 480,000.LBS 528,000-LBS perYear 6;000,000 LBS' .6,600.,000 LBS _-, NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge < I MGD (or WTPs) Days per week discharge occurs: SIX NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. 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 N/A N/A Cooling water, etc. - daily average N/A N/A Process water - daily average N/A N/A ,Maximum per operating day for total'discharge (all types) 4,500 0 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 0 gpd B. Underground well 0 gpd C. Septic tank 0 gpd D. Evaporation lagoon or pond 0 gpd E. Other, specify 0 gpd 10. Number of separate discharge points: THREE 11. Name of receiving stream(s): UNNAMED TRIBUTARY TO THE NORTH PACOLET RIVER 12. Does your discharge contain or is, it possible for,your discharge to contain one or more of the following -substances added'asa result ofyour 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. STEVEN J. SILVIA Printed name of Person Signing PRESIDENT Title /-Zo�3 Signature of Applfcarft Date. North Carolina General ute 143-215.68 (i) 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 orregulations of the Environmental Management Commission implementing that Article, or Who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or methodrequired 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 pot to exceed sic 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.) S MAY 21,2003 MR. CHARLES H. WEAVER, JR. NC DEHR/DWQ/NPDES 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 Carolina YARN PROCESSORS P. O. BOX 1579 TRYON, NORTH CAROLINA 28782 TEL. 704-859-5891 FAX 704-859-9024 SUBJECT: RENEWAL OF NPDES PERMIT NO. NC 0048305 DEAR MR. -WEAVER, THIS FACILITY HAS NO SLUDGE PLAN IN EFFECT DUE TO NO SOLIDS ARE GENERATED. ERELY, / STE LVIA Dyeing, Bleaching and 'Winding of .all Watural and Synthetic Yarns A T�� G Michael F. Easley A ' Governor NCDENR William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources January 3, 2003 Steven J. Silvia Carolina Yarn Processors, Inc. P.O. Box 1579 Tryon, NC 28782 Subject: Dear Permittee: Alan W. Klimek, P.E., Director Division of_WaterQuality JAN 2 2 2003�? ar`= ijJLl E Glt? SEC ri Renewal Notice NPDES Permit NC0048305 Carolina Yarn Processors Polk County The subject permit expires on July 31, 2003. 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. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than February 1, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least t500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after July 31, 2003 (or if continuation of the permit is desired), the current permit must be renewed.; Discharge of wastewater without a valid permit 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 Asheville Regional Office Lpermit 08 to begin the rescission process. e enclosed checklist to complete your renewal package. T�cecklisxi�lentifiese ate_ ms. va mit with wal application. If you have any questions, please conta� Valery Stephens at (919) 733-5083, extension 52r Vd ' Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central iles voyteAeRaOco%,War uahtl Secuan `� NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail: valery.stophens@ncmail.net NPDES Permit NCO048305 Carolina Yarn Processors Polk 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 (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). ❑ 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 by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) 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: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State )of North Carolina Department of Environment and Natural Resources Asheville Regional Office, IV 0 Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDENR Alan W. Klimek, P.E., Director NoR-rH CAROLINA DEPARTMENT OF Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES - Mr. Steven Silvia -Carolina Yarn Processors Pb Box 1579 Tryon, North Carolina 28782 WATER QUALITY SECTION June 1, 2002 Subject: Compliance Evaluation Inspection Status: Compliant Water Treatment Facility Discharges 001, 002, 003 Carolina Yarn Processors NPDES.Permit NCO048305 Polk County Dear Mr. Silvia: On May 29, 2002, 1 met with Ken Tucker and Scott Fancher and conducted a compliance evaluation inspection of the water treatment facility's wastewater discharges for Carolina Yarn Processors. A_copy of the report is enclosed for your review. Although no discharge was occurring during the time of the inspection, it appears that com- pliance with the conditions of the NPDES permit is being maintained. A review of the last 12 months of data indicate compliance with permit limits. If you should have any questions or need assistance, please feel free to contact me anytime at 828-251-6208_extension 218. w. - Sincerely, Wanda P. Frazier Environmental Specialist Enclosure xc: Ken Tucker 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper NORTH CAROLINA L_. XRTMENT OF ENVIRONMENT AND NA". �,mAL RESOURCES Division of Water Quality - Water Compliance Inspection Report (EPA Form 3560-3) transaction NPDES # yr/mo/day inspection type inspector facility type days facility self monitoring evaluation rating I new NCO048305 02/05/29 compliance eval. state 2 (m/i/a/f) 1 3 0v.unreliable/3 satisfactory/5v.reliable) Name and Location of Facility Inspected: Entry Time: Permit Effective: 1:35 PM 1-1-99 Carolina Yarn Processors 400 Scriven Road Tryon, NC 28782 Exit Time: 2:15 PM Permit Expiration: 7-31-03 Name(s) of On -Site Representative(s) Title(s) Phone number(s): Fax number(s): Ken Tucker Director of Manufacturing 828-859-5891 Scott Fancher Maintenance Supervisor 828-859-5891 Name, Title, Address of Responsible Official: Phone number(s): 828-859-5891 Steven Silvia, President Carolina Yarn Processors, Inc. Fax number(s): 828- 400 Scriven Road Contacted? No Tryon, NC 28782 S Permit N Flow Measurement S Operations &•Maintenance N Sewer Overflow S Records/Reports S Self -monitoring Program S Sludge Handling/Disposal N Pollution Prevention S Facility Site Review N Compliance Schedules N Pretreatment N Multimedia S Effluent/Receiving Waters N Laboratory N Storm Water N Other: Compliance Status: I ) Compliance Marginal Compliance/Deficiency Non -Compliance Name(s) and Signature(s) of Inspector(s)/Telephone: Wanda P. Frazier Agency/Office: Date: 6-1-02 ` 828-251-6208 Water Quality Section Asheville Region Name Signat of Rev' er: rest R. Westall Fax: 828-251-6452 Date: 6-1-02 Signature of Management QA Reviewer: Agency: Date State of' North Carolina Department of'Environment. and Natural Resources" Asheville Regional Office . ;awl Michael F._Easley, Governor " William G. Ross, Jr., Secretary NCDENR.' Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF , - Division.of Water. Quality ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION May. 11,: 2001 Mr. Steven Silvia Carolina Yarn Processors PO Box 1579 Tryon, North Carolina 28782 Subject: Compliance Evaluation.Inspection Status: Compliant.' Water Treatment Facility Discharges .001, 002, .003 n, Carolina Yarn Processors r NPDES Permit NCO048305 Polk County Dear Mr. Silvia: ;On May 9,.,'2001, I met with -Ken Tucker 'and Scott. Fancher and conducted a compliance evaluation.inspection of the water treatment facility's-wastewater.discharges for Carolina Yarn Processors. A copy of the report.is enclosed for your review. Although no�discharge was occurring.during the time of the inspection, it appears that compliance with the conditions of the NPDES permit is being maintained.. A review of the last 12 months - of data indicate compliance with permit limits.. If you should have any questions or need assistance,, please feel free to contact me -anytime at,828-251-6208 extension 218. Sincerely, Wanda P. Frazier Environmental- Specialist Enclosure xc: Ken. Tucker 59 Woodfin Place, Asheville, North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal. Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper NORTH CAROLINA _ "ARTMENT OF ENVIRONMENT AND NAi ORAL RESOURCES Division of Water Quality - Water Compliance Inspection Report (EPA Form 3560-3) transaction NPDES # yr/mo/day inspection type inspector facility Type days facility self -monitoring evaluation rating new NCO048305 01/05/09 - compliance eval. state 2 (m/i/a/f) 1 3 (1v.unreliable/3 satisfactory/5v.reliable) Name and Location of Facility Inspected: Carolina Yarn Processors 400 Scriven Road Tryon, NC 28782 Name(s) of On -Site Representative(s) Ken Tucker Scott Fancher Name, Title, Address of Responsible Official: Steven Silvia, President Carolina Yarn Processors, Inc. 400 Scriven Road Tryon, NC 28782 Title(s) Director of Manufacturing Maintenance Supervisor Entry Time: 3:30 PM Exit Time: 4:15 PM Phone number(s): 828-859-5891 828-859-5891 Permit Effective: 1-1-99 Permit Expiration: 7-31-03 Fax number(s): Phone number(s): 828-859-5891 Fax number(s): 828- Contacted? No S Permit N Flow Measurement S Operations & Maintenance N Sewer Overflow S Records/Reports S Self -monitoring Program S Sludge Handling/Disposal N Pollution Prevention S Facility Site Review N Compliance Schedules N Pretreatment N Multimedia S Effluent/Receiving Waters N Laboratory N Storm Water N Other: Compliance Status: X� Compliance Marginal Compliance/Deficiency Non -Compliance Name(s) and Signature(s) of Inspector(s)/Telephone: Wanda P. Frazier Agency/Office: Date: 5-11-01 i� 828-251-6208 Water Quality Section Asheville Region Name and Signature of Reviewer: Forrest R. Westall Fax: 828-251-6452 Date: 5-11-01 of Management QA Reviewer: Agency: Yl/-6 Date J �F' NORTH CAROLINA .DEPAR MENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF . WATER .QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION March 14, 2000 Mr. Steven Silvia Carolina Yarn"Processors PO Box 1579 Tryon, NC 28782. Subject:. Compliance Evaluation Inspection" Status: Compliant Water Treatment Facility Discharges 001, 00-2, 003 Carolina. Yarn Processors. NPDES Permit NCO048305 Polk County. Dear Mr. Silvia: On March 7, 2000,.I met with�Ken Tucker and Scott Faucher and conducted'a"compliance evaluation inspection of the water treatment facility's wastewater. discharges for Carolina.Yarn Processors. A copy,of the report is enclosed for your review. Although no discharge was occurring during the. time of the inspection, it appears that compliance with.. the conditions of.the NPDES_permit is being maintained. A review of the last 12 months,of data indicate ,.compliance with permit limits If you should have any questions or need assistance, please feel free -to contact me"anytime at 828-251-6208'extension 218. Sincerely, r1_7 U o Wanda P. Frazier .-Environmental Specialist Enclosure xc: Ken. Tucker INTERCHANGE BUILDING, 59 WOODFIN. PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA ARTMENT OF ENVIRONMENT AND NA RAL RESOURCES Division of Water Quality - Water Compliance Inspection Report (EPA Form 3560-3) transaction NPDES # yr/mo/dav inspection type inspector facility type days facility self monitoring evaluation rating_ new NCO048305 00/03/07 compliance eval. state 2 (m/i/a/f) 1 3 (1v.unreliable/3 satisfactory/5v.reliable) Name and Location of Facility Inspected: Carolina Yarn Processors 400 Scriven Road Tryon, NC 28782 Name(s) of On -Site Representative(s) Ken Tucker Scott Fancher Name, Title, Address of Responsible Official: Steven Silvia, President Carolina Yarn Processors, Inc. 400 Scriven Road Tryon, NC 28782 Title(s) Director of Manufacturing Maintenance Supervisor Entry Time: 1:30 PM Exit Time: 2:00 PM Phone number(s): 828-859-5891 828-859-5891 Permit Effective: 1-1-99 Permit Expiration: 7-31-03 Fax number(s): Phone number(s): 828-859-5891 Fax number(s): 828- Contacted? No S Permit N Flow Measurement S Operation's & Maintenance , N Sewer Overflow I S Records/Reports S Self -monitoring Program S ' Sludge Handling/Disposal N Pollution Prevention S Facility Site Review N Compliance Schedules N Pretreatment N Multimedia S Effluent/Receiving Waters N Laboratory N Storm Water N Other: 1 Compliance Status: U Compliance Name(s) and Signature(s) of Inspector(s)/Telephone: Name n Signat e of iew /. / Marginal Compliance/Deficiency Wanda P. Frazier I Agency/Office: 828-251-6208 1 Water Quality Section ForrestA. Westall I Fax: 828-251-6452 Non -Compliance Date: 3-14-00 Asheville Region Date:3-14-00 Signature of Management QA Reviewer: I Agency: Date Certified Mail # 7014 0510 0000 4466 1056 ,� rn I 1 Yoo� Return Receipt Requested February 4, 2016 David Moore Fendrich- Industries Inc PO Box 1579 Tryon, NC 28782-1579 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS.CIVIL PENALTY Tracking Number: . NOV-2016-LV=0076 Permit No. NC0048305 Carolina Yarn Processors Polk County' 4 Dear Permittee: A review of the'October 2015 Discharge Monitoring. Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit' Reported Location Parameter Date,,- , Value Value Type of Violation 003 Effluent __.. Solids,_Total Suspended - 10/6/2015 45 86 Daily Maximum Exceeded - - Concentration (CO530) 003 Effluent Solids, Total Suspended - 10/31/2015 30 86 Monthly Average Exceeded Concentration (CO530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute *(G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates'or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources .2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 P If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,.a civil penalty assessment may be prepared. t., S . Remedial actions should have, already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to %Pe'rmiftCondition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written.report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: ,_W S-AshevillezRegio AI:40f e:�,--nforcement File NPDES Compliance/Enforcement Unit- Enforcement File Joel B. Burrell/ ORC G:\WR\WQ\Polk\Wastewater\Industrial\Carolina Yam Processors 48305\NOV-NOI-LV-2016-0076.rtf F-ENTaRICH: 1: 250 Scriven Road, Tryon, North Carolina 28782 Telephone (828) 859-5891 February 11, 2016 RECEIVED Division of Water Resources fEB 17 2016 Water Quality Regional Operations Asheville Regional Office G. Landon Davidson, P.G.; Regional Supervisor Water Quality Regional Operations 2090 U.S. Highway 70 Swannanoa, NC 28778 Ref: Carolina Yarn Processors/Fendrich Industries, Inc.: Permit No. NCO048305 Dear Mr. Davidson: I am responding to the Notice of Violation letter received Monday, February 8, 2016. Ken Tucker, Director of Manufacturing and I :believed the TSS samples from our waste basin and from #003 effluent were mislabeled by our employee who collects the samples. Our opinion was based on the waste basin which is discharged to the Town of Tryon system always has a higher TSS than #003 effluent.: Please, note the comments section on our. October 201_5.report cover page (copy enclosed). Below are lab results from the past six quarterly .tests (copies enclosed). We report the waste basin test results to the Town of Tryon. #003 TSS Waste Basin TSS Oct -7, 2014 <5.0 40 -Jan 6, 2018 9.0 49 April 14, 2015 .: 5.0 50 July 14, 2015 <5.0 21 � ct 6, 201 Jan 5, 201'6 6.8 40 I request your consideration of these lab -tests results as evidence that the two samples collected October 6, 2015 were mislabeled as to where they were obtained. Cinrcrcly 5 F. W&t9'R'sour es ��A�I[i2GNP1EFt'[Al. bilAt�'rY Certified Mail # 7014 0510 0000 4466 1056 Return Receipt Requested ' February 4, 2016 David Moore Fendrich Industries Inc PO Box 1579 Tryon, NC 28782-1579 FAT .MC CR-ORY � Gosernar D'ONALD A_ V_ IR bE-R VAART -�SFrre�iJ% ;S_ J�rY'.ZI1I+IMERIVIA:N Dkep* SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV60076 Permit No. NCO048305 Carolina Yarn" Processors Polk County Dear Permittee: A review of the'October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 003 Effluent Solids, Total Suspended - 10/6/2015 45 86 Daily Maximum Exceeded Concentration (C0530) - - 003=Effluent Solids, Total -Suspended- ,-10/31/2015 30 -- 86 -Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any'person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the . violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/boq/iQu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office. Division of Water Resources, NCDEQ __Cc: WQS-Asheville_Regional-Office —Enforcement -File-- --- - — — - -- -- --- - NPDES Compliance/Enforcement Unit - Enforcement File Joel B. Burrell/ ORC G:\YVR\WQ\PoikW]astewater\1ndestriaPyCarolina Yam Processors 48305\N0V-W0I-LV-2016-0076.rtf NPDES PERMIT NO.: NCO048305 FACILITY NAME: Carolina Yarn Processors OWNER NAME: Fendrich Industries Inc GRADE: PC-1 eDMR PERIOD: 10-2015 (October 2015) COMPLIANCE: Non -Compliant ', ,ei__. fflT VERSION: 4:0 CLASS: PC-1 ORC: Joel B Burrell ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE M 8644739007 2 __.hL. i STATUS: Active COUNTY: Polk ORC CERT NUMBER: 985769 STATUS: Processed SUBMISSION DATE: 11/19/2015 11/19/2015 ORC/Certifier Signature: joel bernard burrell E-Mail:joelburre113@GMAIL.COM Phone #:817-4103 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. �, ��� icy/�� The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by partME.6 of the NPDES permit. is low number. -Both were sent for state and low 11/19/2015 Permittee/Submitter Signature:*** David Milton Moore E-Mail:dmoore@fendrichindustries.com Phone #:864-672-3119 Date Permittee Address: 250 Scriven Rd Tryon NC 28782 Permit Expiration Date: 07/31/2018 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 managed 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. CERTIFIED LABORATORIES LAB NAME: Environmental Testing Solutions CERTIFIED LAB #: 600 PERSON(s) COLLECTING SAMPLES: Charles Raines/Keith Greene PARAMETER CODES Parameter Code assistance maybe obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES' Use only units of measurement designated in the reporting facility's. NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. *� ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Pe rmittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). 3l �r 1.u3 r Environmental Testing Solutions, Inc. Project name: CYP Collection date: ; 7�Uc't=14 Date received: 7-Oct T-M—F Sample identification: Backwash - Grab Certificate of Analysis r1 PO Box 7565 Asheville, NC 28802 Phone: (828) 350-9364 Fax: (828) 350-9368 Project number. 141007.544 Sample number: 120847 Parameter Method Result RL Units Date Aluminum Analyzed Analyst Footnotes Iron 200.7 0.43 0.050 mg/L to-oa-t4 MEC I SolidsT,otal"Sias t nde 200.7 SM 2540 D <0.050 0.050 m to-oaa4 MEC I _ — 50 5.0 mg/L 8-00-14 AT Sample identification: Effluent -Grab Sample number: 120848 Parameter Method Result RL Units Date Analyst Footnotes Mercury Copper 245.1 <0.00020 o.0002o mg/L Analyzed 22-o«.14 DE R I Zinc 200.7 0.043 0.005 mg/L 10-opt-14 MEC I BOA 200.7 SM 5210 B 0.045 260 0,010 mg/L to-oct_14 MEC 1 Soh`ds TofiA-�S_UZ nded' SM 2540 D 40�' 2.0 mg/L 8-0-t_14 KW 50 mg/L 8-0.114 AT Footnotes: RL = Reporting Limit. Values are reported down to the Reporting Limit only. I. Sample analyzed by Rogers & Callcott Environmental. z� Date reviewed: Data reviewed by: Kelley E. Keenan NC Certification Number: 600 SC Certification Number: 99053 Signature: NC Drinking Water Certification Number: 37786 reportshould not bereproduced,exept i result its entirety, wit out the wTitten consent of EnvironmeI The results in this report relate only to the samples submitted for analysis. G� �4 - - e Environmental Testing Solutions, Inc. Project name: CYP Certificate of Analysis PO Box 7565 Asheville, NC 28802 Phone: (828) 350-9364 Fax: (828)350-9368 Project number: 150106.547 Collection date: G=Jan=15 'Date received: `67an-75 Sample identification: Backwash - Grab Sample number: 122997 Parameter Method Result RL Units Date Analyst Footnotes Analyzed Aluminum 200.7 1.4 0.050 mg(L 12-]an-I5 WC I Iron 200.7 0.17 0.050 aig(L, 12-Jan-15 MEC 1 t Solids; 1 otal''Suspended'` SM 2540 D9:0 5.0 mg/L s-Jan-ts KW Sample identification: Effluent - Grab Sample number: 122998 Parameter Method Result RL Units Date Analyst Footnotes. Analyzed DOD, 5 day SM 5210 B 260 2.0 mg/L 7-Jan-15 KW iSolids:TotalTSuspendeil SM 2540 D V4P .5.0 mg/L 8-Jan-t5 KW Footnotes: RL = Reporting Limit. Values are reported down to the Reporting Limit only. 1. Sample analyzed by Rogers & Callcott Environmental. Date reviewed: 1 f 5 - S NC Certification Number: 600 Data reviewed by: Kelley E. Keenan SC Certification Number: 99053 Signature: ,A, � NC Drinking Water Certification Number: 37786 This report should not be reproduced, exept in its entirety, without the written consent ofEnvironmental Testing Solutions, Inc The results in this report relate only to the samples submitted for analysis. r, Environmental Testing Solutions, Inc Certificate of Analysis Project name: Cyp Collection date: 14-A'ir=15 Date received: • 4-Apr-15 Sample identification: Backwash - Grab PO Box 7565 Asheville, NC 28802 Phone: (828) 350-9364 Fax: (828) 350-9368 Project number: 150414.532 Sample number: 125253 Parameter Method Result RL Units Date Analyst Footnotes Aluminum 200.7 1.1. 0.050 mg/L Analyzed 17-Apr-15 MEC 1 Iron TotalSlspended 200.7 SM 2540 D `0.1 . 530x' 0.050 mg/L 17-Apr 15 MEC l —ohds, [ S 0 mg/L, 15 Apr 15 KW Sample identification: )Effluent - Grab Sample number: 125252 Parameter Method Result RL Units Date Analyst Footnotes Analyzed y BOD, 5 day SM 5210 B 140 Z.0 m g�L 15-Apr-15 Al 2 So11ds,Tot�alSaspendedk SM 2540 D=`50`,-` 5.0 mg/L 15-Apr-15 KW Mercury 245.1 <0.00020 0.00020 mg/L 17 Apr-15 DER 1 CoDDer Win o n , ., ,,,., Footnotes-. RL = Reporting Limit. Values are reported down to the Reporting Limit only. 1. Sample analyzed by Rogers & Callcott Environmental. 2. Blank was outside established Iimits. Validity of data is not affected. 'y 4 Date reviewed: __ (H Z'aj,� NC Certification Number: 600 Data reviewed by: Kelley E. Keenan i SC Certification Number: 99053 Signature: A— NC Drinking Water Certification Number: 37786 This report should not be reproduced, exept in its entirety, without the written consent of Environmental Testing Solutions, Inc. The results in this report relate only to the samples submitted for analysis. Environmental Testing Solutions, Inc. Project name: CYP Collection date: —14-Ju➢115 Date received: ^14-Jul-15 Sample identification: Backwash - Grab Certificate of Analysis PO Box 7565 Asheville_ NC 28802 Phone: (828) 350-9364 Fax: (828) 350-9368 Project number. 150714.524 Sample number; 128005 Parameter Method Result RL Units Date Analyst Footnotes Aluminum 200.7 0.33 0.050 m Analyzed - Jul-15 MEC 1 Iron Solids, Total Sus ended 200.7 SM 2540 D <0.005 O 0.050 5.0 mg/L -3 23-Jul-15 IviEC 1 mg/L 15-Jul-15 MN Sample identification: Pine 001 Waste Basin - Grab Sample number: 128006 Parameter Method Result RL Units Date Analyst Footnotes SOD, 5 day SM 5210 ]3 3 2.0 mg/L Analyzed ls,lums Al Solids; Total Suspended , SM 2540 D : 2+1 5.0 mg/L erper -- 245.1 <0.00020 0.00020 mg/L I5-cola5 H-Jut-15 MN DER 1 Copper Zinc 200.7 0.13 0.001 mg/L 2;,1ut-1s MEC 1 200.7 0.038 0.010 mg/L 234u1-15 MEC 1 Footnotes- RL = Reporting Limit. Values are reported down to the Reporting Limit only. 1. Sample analyzed by Rogers & Callcott Environmental. Date reviewed: 0_21 _ S Data reviewed by: Kelley E. Keenan NC Certification Number:600 SC Certification Number: 99053053 Signature: NC Drinking Water Certification Number: 37786 This report should not be reproduced, exept in its entirety, tvithaut the written consent of Environmental Testing Solutions, Inc. The results in this report relate only to the samples submitted for analysis. Environmental Testing Solutions, Inc. Certificate of Analysis Project name: CYP Collection date: 6�Octr.15 Date received: 6-Oct-15 Sample identification: Backwash - Grab r PO Box 7565 Asheville, NC 28802 Phone: (828) 350-936.4 Fax: (828) 350-9368 Project number: 151006.543 Sample number: 130550 Parameter Method Result RL Units Date Analyst i ootnotes y Aluminum 200.7 6.7 0.50 mg/L Analyzed 12-olt-15 MEC I Iron Solids, Totaall Sus 200.7 4.9 0.050 mg/L 12-opt-15 MEC ] ended SM 2540 D 86 5.0 mg/L ocli5 I{EK Footnotes: RL = Reporting Limit. Values are reported'down to the Reporting Limit only. I. Sample analzyed by Rogers & Callcott Environmental, `1 +I Date reviewed: �(�}, �rj �s Data reviewed by: Kelley E. Keenan NC Certification Number: 600 ,A SC Certification Number: 99053 Signature: _ Y ` NC Drinking Water Certification Number: 37786 This report should not be reproduced, exept in its entirety, without the written consent of Environmental Testing Solutions, Inc. The results in this report relate only to the samples submitted for analysis. f -y 4J f: nth, su'_, !..•.. ;JEnvironmental Testing Solutions, Inc. Project name: Cyp Collection date: , ei I Date received: Y " CertIIficate of Analysis Sample identification: Effluent - Composite PO Box 7565 Asheville, NC 28802 Phone: (828) 350-9364 Fax: (828)350-9368 Project number: 151006.542 Sample number: 130549 Parameter Method Result RL Units Date Analyst Footnotes Analyzed DOD, 5 day SM 5210 B 30 2.0 mg/L 7-Oct-15 KEK olids, Total Suspended SM 2540 D i8 5.0 mg/L 7-oct-15 KEK ercu 245.1 <0.00020 0. mo mg/L 19-0445 DER ] Copper 200.8 0.019 0.001 mg/L 12-oct-15 DER 1 Zinc 200.8 0.017 0.010 m L I2-oct 15 DER 1 Footnotes: RL = Reporting Limit. Values are reported down to the Reporting Limit only. 1. Sample analyzed by Rogers & Callcott Environmental. 'YW Date reviewed: NC Certification Number: 600 Data reviewed by: Kelley E. Keenah SC Certification Number: 99053 Signature: NC Drinking Water Certification Number: 37786 This report should not be reproduced, exept in its entirety, without the written consent of Environmental Testing Solutions, Inc The results in this report relate only to the samples submitted for analysis. s ° Y! Environmental Testing Solutions, Inc. Certificate of Analysis Project name: CYP Collection'date: SJan1;6� Date received: 5-Jan-16 Sample identification: Backwash - Grab c PO Box 7565 Asheville, NC 28802 Phone: (828) 350-9364 Fat: (828) 350-9368 Project number: 160105.534 Sample number: 133532 Parameter Method Result RL Units Date Analyzed Analyst Footnotes Aluminum 200.7 0.42 0.050 mg/L s-Jam,-i6 ViEC 1 Iron 200.7 0.37 0.050 m--A, s-Jan-16 MLC 1 iS'ohds, TotallS pended ;; SM 2540 D O6,5� 5.0 mg/L G-Jan-16 KEK Sample identification: Comp 001- Grab Sample number: 133533 Parameter Method Result RL Units Date Analvst Footnotes Analyzed BOD o day SM 5210 B 70 2.0 mg/L 6-Jan.16 KEK 2 SaIids,'Pgta1&5i1spended''' SM 2540 I) 5.0 mg/L 6-Jan-16 KEK Mercury 245.1 <0:00020 uomo mg/L s-Jan-i6 DER 1 Copper 200.8 0.136 0.002 mg/L 11-Jan-16 DER 1 Zinc 200.8 0.062 0.010 mg/L 1I Jan-16 DER 1 Footnotes: RL = Reporting Limit. Values are reported down to the Reporting Limit only. 1. Sample analyzed by Rogers & C:allcott Environmental. 2. Laboratory control standard was outside established limits. Validity of data is not affected. Date reviewed: /1 1,�� r),(Q NC Certification Number: 600 Data reviewed by: Kelly E. Keenan SC Certification Number: 99053 Signature: , � NC Drinking'A!ater Certification Number: 37786 This report should not be reproduced, e%ept in its entirety, without the written consent of Environmental Tcsting Solutions, Inc. The results in this report relate only to the samples submitted for analysis. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 08, 2015 David Moore Fendrich Industries, Inc. PO Box 1579 Tryon, NC 28782-1579 Subject: Payment Acknowledgement Carolina Yain Processors Permit Number: NCO048305 Case Number: LV-2015-0060 Polls County Dear Peimittee: Donald R. van der Vaart Secretary This letter is to acknowledge receipt of payment in the amount of $259.26 received from you dated May 04, 2015. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6304. Sincerely, W re L' Tkzd joo-ro� Wren Thedford Wastewater Branch cc: Central Files NPDES As he`villeRegional Offic_e::�3 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service:1-877-623-6748 Internet:: www.ncwater.org RECEIVED Division of Water Resources MAY 1 2 2015 Water Quality, Regional Operations Asheville Regional Office An Equal OpportunitylAffirmative Action Employer Rem North Carolina Department of Environment and Natural Resources Pat McCrory Donald R van der Vaart Secretary Governor Certified Mail # 7014 0510 0000 4466 0585 Return Receipt Requested April 27, 2015 David Moore Fendrich Industries Inc PO Box 1579 Tryon, NC 28782-1579 SUBJECT: Notice of Violation and Assessment of Civil Penalty - for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit No. NCO048305 - Fendrich Industries Inc Carolina Yarn Processors Case No. LV-2015-0060 Polk County . r Dear Permittee: • c ' This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $259.26 ($100.00 civil penalty + $159.26 enforcement costs) against Fendrich Industries Inc. This assessment is based upon the following facts:. a review has been conducted of the discharge monitoring report (DMR) submitted by Fendrich Industries Inc for the month of December 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0048305.. The violations, which occurred in December 2014, are'summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fendrich Industries Inc violated the ,terms, conditions or requirements of NPDES Permit No. NCO048305 and - G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S.- 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or- requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of ' law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil' penalty assessment against Fendrich Industries Inc: 2090 U.S. 70 Highway, Swannanoa, NC 28778 Phone: 828-296-4500 \ Internet: www.ncdenr.gov <http:/hv\viv.ncdenr.gov> An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper $100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0048305, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit. No.NC0048305, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $100.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs 259.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR, (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: NPDES Compliance/Enforcement Unit Division of -Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request. for remission is limited to consideration of the five factors listed below as they ,may relate. to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violations) occurred or the accuracy of- any of the factual statements contained in the civil penalty assessment document. Because a remission- request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that.no •factual or. legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the, following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether- the violator promptly abated continuing environmental damage resulting from the violation; (3) ,whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment 'of the civil penalty will prevent payment for.the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that. the Committee cannot consider information that was not part of the original remission request considered by Jhe Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. . In order to request remission you must complete and submit the enclosed "Requesf for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Bearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition, may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney GeneraPs Office for collection of the penalty through a civil action. Please be advised that additional penalties may be" assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncden.r.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR_ By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS. Cc: 4WQ.SjvAsheylle_Reional,O.fficet Enfo_rce_menf Fi1F (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) - JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0060 County: Polk Assessed Party: Fendrich Industries Inc Permit No.: NC0048305 Amount Assessed: $259.26 Please use this form when requesting remission of this civil penalty. IYou must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they. may relate to the reasonableness of the amount of the civil penalty. assessed. Requesting remission is not the proper- procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty maybe granted only when one or more of the .following, five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage' resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION:' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ST1PiJLATION OF FACTS Fendrich Industries Inc ) Carolina Yarn Processors ) ) PERMIT NO. NCO048305 ) CASE NO. LV-2015-0060 Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 27, 2015, the undersigned,. desiring to seek remission of the civil penalty, does hereby wdive the .-right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned `further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the. receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE DIVISION OF WATER RESOURCES,- CIVIL PENALTY ASSESSMENT (FILE) Violator: Carolina Yarn Processors/ Fendrich Ind. / NCO048305 (December 2014 DMR) County: Polk Case Number: LV-2015-0060 8 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max TSS exceeded the permit limit by 57.77%.. One Monthly Average TSS'exceeded the permit limit by 18.88%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal. It would also include more operating and maintenance time on site. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) _ The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the -State of the enforcement procedures. $159.26., Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR } �NPDES PERMIT NO.: NCO048305 FACILITY NAME: Carolina Yam Processors OWNER NAME: Fendrich Industries Inc GRADE: PC-1 PERMIT VERSION: 4.0 PERMIT STATUS: Active CLASS: PC-1 COUNTY: Polk ORC: Deborah M Bradley ORC CERT NUMBER: 989376 ORC HAS CHANGED: No eDMR PERIOD 1 2014 (Decembe- r 0 4) VERSIO 10 —-� STATUS: Processed SAMPI.;ING LO ATIONiTIFFLUE ENT - DISCHARGE` NO 0 3 -- NO DISCHARGE*: NO q �'a U e F > O w w O `s C U O a 1x 50050 00400 C0530 01045 01105 00545 Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Instantaneous Grab Grab Grab Grab Grab FLOW .PH ___-ATSS-Cone 1HON ALUMINUM MISET 7A00 Hrs 7d00 Hrs YBIN mgd su m DgA mg/l ml/1 1 2 0.012 7.5 71 3.8 63 0.1 3 11:15 0.25 b 4 5 6 7 8 91 10:00 0.25 y 0.012 7.5 0.053 0.19 0.1 10 9:00 0.25 b 11 12 13 14 15 16 9:00 0.25 b 0.012 7.5 36 1.4 5 0.1 17 18 19 1015 0.25 y 20 21 22 Vacation 23 Vacation " 24 Vacation 25 Vacation 26 Vacation 27 28 29 30 8:45 0.25 b 0.012 7.5 <5 0.057 0.42 0.1 31 Monthly Average Limit: 30 0.1 Monthly Average: 0.012 7.5 35.67 13275 7-9775 0.1 Dagy Marimum: 0.012 7.5 71 3.8 63 0.1 DafyMinimam: 0.012 7.5 0 0.053 0.19 0.1 Monthly Avg % Removal (85%): die,; r �//�- �/o ✓- Z o/5'_ -mr,.�- +:; - ` NPDFrS PERMIT NO.: NCO048305 PERMIT VERSION: 4.0 PERMIT STATUS: Active FACILITY NAME: Carolina Yam Processors CLASS: PC-1 COUNTY: Polk OWNER NAME: Fendrich Industries Inc ORC: Deborah M Bradley ORC CERT NUMBER: 989376 GRADE: PC-1 ORC HAS CHANGED: No eDMR PERIOD: 12-2014 (December 2014) VERSION: 1.0 STATUS: Processed COMPLIANCE ?Non Compli,ant -- _ ' CONTACT PHONE 4: 8288179516 SUBMISSION DATE: 01/29/2015 01/29/2015 ORC/Certifier Signature: Deborah Mills Bradley(i-Mail:d)ebmbradley@hotmail.com Phone #:828-859-9516 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. COMMENTS: Had a one day event where TSS was over limit which also caused the monthly average to be out of limit results of samples after this date so far have been in limit. test results came back several weeks after samples were pulled, so cause is hard to pinpoint. History of backwash has been in limit, so this should be a one time event. c - 01/29/2015 Permittee/Submitter Signa re.*** Ken Craig Tucker E-Mail:ktucker@cypyarn.com Phone #:828-859-5891 Date Permittee Address: 250 Scriven Rd Tryon NC 28782 Permit Expiration Date: 07/31/2018 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 managed 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. CERTIFIED LABORATORIES LAB NAME: Environmental Testing Solutions CERTIFIED LAB 4: 600 PERSON(s) COLLECTING SAMPLES: Charles Raines/Keith Greene PARAMETER CODES Parameter Codes assistance may be obtained by' calling the NPDES Unit (919) 867-6300 or by visiting the Surface Water Protection Section's web site at http://portal.nedenr.orgtweb/wq/swp and linking to the unit's information pages. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC_o-n Sit-e1 ORC nroust-tisit.facility_and-documcut Asitatim of_facility as required per 15A NC9_C_�G 04, *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). ATTACHMENT A Fendrich Industries Inc CASE NUMBER: LV-2015-0060 u PERMIT: NCO048305 FACILITY: Carolina Yarn Processors COUNTY: Polk REGION: Asheville Limit Violations MONITORING' OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 12-2014 003 Effluent TSS - Conc 12/2/14 Quarterly mg/I 45 71 57.8 Daily Maximum Exceeded $0.00 12-2014 003 Effluent TSS - Conc 12/31/14 Quarterly mg/I 30 35.70 18.9 Monthly Average Exceeded a Ne North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 0585 Return Receipt Requested April 27, 2015 David Moore Fendrich Industries Inc PO Box 1579 Tryon, NC 28782-1579 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General. Statute (G.S.) 143-215.1(a)(6) and NPDES Permit No. NCO048305 Fendrich Industries Inc Carolina Yarn Processors Case No. LV-2015-0060 Polk County Dear Permittee: Donald R. van der Vaart Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $259.26 ($100.00 civil penalty + $159.26 enforcement costs) against Fendrich Industries Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Fendrich Industries Inc for the month of December 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0048305. The violations, which occurred in December 2014, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fendrich Industries Inc violated the terms, conditions or requirements of NPDES Permit No. NCO048305 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a .civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings ' of fact and conclusions of law, and in accordance with authority provided by the Secretary of the i Department of Environment and Natural Resources and the, Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Fendrich Industries Inc: 2090 U.S. 70 Highway, S-,vannanoa, NC 28778 Phone: 823-296-4500 \ Internet: wrwv:ncdenr.gov <http://www.ncdenr.Rov> An Equal Opportunity \ Affirmative Action Employer -blade in part by recycled paper $100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0048305, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Conc. $0.00 0. of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0048305, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $100.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs 259.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 IL Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thigy 30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.Cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) F JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0060 County: Polk Assessed Party: Fendrich Industries Inc Permit No.: NC0048305 Amount Assessed: $259.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully 'applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Fendrich Industries Inc ) Carolina Yarn Processors ) PERMIT NO. NCO048305 ) CASE NO. LV-2015-0060 Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 27, 2015, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Fendrich Industries Inc CASE NUMBER: LV-2015-0060 PERMIT: NCO048305 FACILITY: Carolina Yarn Processors COUNTY: Polk REGION: Asheville Limit Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE C. LIMIT VALUE LIMIT VIOLATION TYPE $100.00 12-2014 003 Effluent TSS - Conc 12/2/14 Quarterly mg/I 45 71 57.8 Daily Maximum Exceeded $0.00 12-2014 003 Effluent TSS - Conc 12/31/14 Quarterly mg/1 30 35.70 18.9 Monthly Average Exceeded NPDES PERMIT NO.: NCO048305 FACILITY NAME: Carolina Yarn Processors OWNER NAME: Fendrich Industries Inc PERMTT VERSION: 4.0 CLASS: PC-1 . ORC: Deborah M Bradley PERNIIT STATUS: Active K111IkV6'A7.it7 ORC CERT NUMBER: 989376 GRADE: PC-1 ORC HAS CHANGED: No eDMR PERIOD; L2 2014 (December 2014) VERS_ IOVr 1 0 STATUS: Processed SAMPLING LOCATION EFFLJENT -DISCHARGE NO 003 NO, DISCHARGE*: NO A w Ew V g H F 8 F a O C o O in U O a Z 50050 00400 C0530 01045 01105 00545 ' Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Instantaneous Grab _ _ Grab Grab Grab Grab FLOW PH TSS-Cone IRON ALUMINUM RES/SET 2100 Hrs 2409 Hrs YBlN mgd sa. m 1119/1 m9/1 1131/1 1 2 0.012 7.5 71 3.6 63 0.1 3 11:15 0.25 b 4 5 6 7 8 9• 10:00 0.25 y 0.012 7.5 0.053 0.19 0.1 10 9:00 0.25 b 11 12 13 14 15 16 9:00 0.25 b 0.012 7.5 36 1.4 5 0.1 17 18 19 10:15 0.25 y 20 21 22 Vacation 23 Vacation 21 Vacation 25 Vacation 26 Vacation 27 28 29 30 8A5 0.25 b 0.012 7.5 <5 0.057 0.42 0.1 31 Monthly Average Limit: 30 •0 1 Monthly Average: 0.012 7.5 35.67 13275 2.9775 0.1 Daly Maximum: 0.012 75 71 3.8 63 10.1 Daily Minimum: 0.012 7.5 0 0.053 0.19 0.1 Monthly Avg % Removal (859/6): 974L6 dO AIL V 9*t- 4 V- 02 ` NPDFS PERMIT NO.: NCO048305 PERMIT VERSION: 4.0 PERMIT STATUS: Active FACILITY NAME: Carolina Yarn Processors CLASS: PC-1 COUNTY: Polk OWNER NAME: Fendrich Industries Inc ORC: Deborah M Bradley ORC CERT NUMBER: 989376 GRADE: PC-1 -ORC HAS CHANGED: No eDMR PERIOD: 12-2014 (December 2014) VERSION: 1.0 STATUS: Processed COMPLIANCE- Non=Compliant CONTACT PHONE #: 8288179516 SUBMISSION DATE: 01/29/2015 ✓1 /��'C�7i:./�h ��ta_—,mac __ �� 01/29/2015 ORC/Certifier Signature: Deborah Mills Bradley6-Mail:debmbradley@hotmail.com Phone #:828-859-9516 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The_permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by partILE.6 of the NPDES permit. COMMENTS: Had a one day event where TSS was over limit which also caused the monthly average to be out of limit results of samples after this date so far have been in limit. test results came back several weeks after samples were pulled, so cause is hard to pinpoint. History of backwash has been in limit, so this should be a one time event. P 01/29/2015 Permittee/Submitter Signatittre.*** Ken Craig Tucker E-Mail:ktucker@cypyarn.com Phone #:828-859-5891 Date Permittee Address: 250 Scriven Rd Tryon NC 28782 Permit Expiration Date: 07/31/2018 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 managed 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. CERTIFIED LABORATORIES LAB NAME: Environmental Testing Solutions CERTIFIED LAB #: 600 PERSON(s) COLLECTING SAMPLES: Charles Raines/Keith Greene PARAMETER CODES Parameter Codes assistance may be obtained -by calling the NPDES Unit (919) 807-6300 or by visiting the Surface Water Protection Section's web site at http://portal.ncdenr.org/web/wq/swp and linking to the units information pages. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. **_ORC on Site2S?RCmustyisit fasility_attcLdocument vasitation_of- acility_as required per 15A NCQ�8C, 0204 *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). a DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Carolina Yarn Processors/ Fendrich Ind. / NCO048305 (December 2014 DMR) County: Polk Case Number: LV-2015-0060 8 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) . The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max TSS exceeded the permit limit by 57.77%. One Monthly Average TSS exceeded the permit limit by 18.88%. y 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. , 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal. It would also include more operating and maintenance time on site. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and - There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR Pat McCrory Governor .I NR North Carolina Department of Environment and Natural Resources E March 24, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 0417 Mr. David Moore Fendrich Industries Inc. Carolina Yarn Processors P.O. Box 1579 Tryon, North Carolina 28782-1579 Donald R. van der Vaart Secretary Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-LV-0211 Carolina Yam.Processors NPDES Permit No. NCO048305 Polk County Dear Mr. Moore: .. r A review of the December 2014 self -monitoring report for the subject facility revealed violations -of the following parameter: Date Outfall Parameter Reported. Value Permit Limit 12/02/2014 003 TSS 71 mg/ 1 '45 mg/ 1 12/31/2014 ' 003 TSS 35.67 mg/.1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0048305. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2014 Discharge Monitoring Report. ' You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http!//poOal.ncdenr.org/weblwq An Equal Opportunity! Affirmative Action Employer a Mr. David Moore _ -- March 24, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office etv WQ AshvilI Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch G:RVIV..WQ:Polk\N%a�tewater\[ndustrial+Carolina Yam Processors 48305N0E-NR&2015•LV4'21 Ldoc v U- ■ Complete items 1, 2, and 3. Also complete A. Si nature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addressec so that we can return the card to you. B. Received by (Pri ed'Name) C. D e of D liver) !—At+n�thic_r_ard—to_the_back-Qi the mailpiece, _ S A,7-*A North Carolina Department of ss different from item 1? ❑ Yes Environment and Natural Resources 1Wery address below: ❑ No — Division of Water Quality Water Quality Regional Operations Section NGDENR 2090 U.S. Highway 70, Swannan la, NC 28778 d David Moore Fendrich Industries, Inc. a e ice Type Carolina Yarn Processors Certified Mail® ❑ Priority Mail Express - Post Office Box 1579 Registered /Return Receipt for Merchandisf Tryon, NC 28782-1579 Insured Mail Collect on Delivery Restricted Delivery? (Extra Fee) ❑ Yes . `� -�,466.:;1�1417 .._. OV•vZO��- L'1%4' 0�-1�,. UNITED STATES,PgS AcL�r Fy�iVu& First -Class Mail y y� �� Postage & Fees Paid 275 USPS A 111111 Permit No. G-10 . Sendbr": `Pleaso print your name, address, and ZIP+4°jrj-this_box' 1__' � g y JANET CANTWELL < NCDENR-DWR-WQRO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 „ ry M SO— ! a w w r\.:. 'M I �• O o 0 m �m m — =:I}}j •}}spit}}}iFs s• : HNNOR ■ Complete items 1, 2, andt. Also complete A. Signature item 4 if Restricted Delivery is desired. X El Agent ■ Print your name and address on the reverse ` GVIG ❑ Addressei so that we can return the card to you. B. Received by (Printed Name) C. Pale o Deliver ■ Attach this card to the back of the mailpiece, o� C. i� I�tV I� or on the front if sQ North Carolina Department of ress different from item 1? L ❑ Yes Envirofiment and Natural Resources slivery address below: ❑ No Division of Water Resources 'Water Quality,Regional Operations Section �CD 2.O.go U.S. Highway 7A;. Swannanoa, NC 28778 ., )avid Moore endrich Industries, Inc. post Office Box 1579 Tryon"PC 28782-1579 a�e ice type Certified Mail® ❑ Priority Mail Express"" Registered Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery Restricted Delivery? (Extra Fee) ❑ Yes 7b1'4�05.i�Q�: 7C Gnrm �fti i se��r.»ny'z I S l f I l I� l I�nmce+in Ro+i ern Roncini -V 0/5''1 UNITED STATE,&.p ,QS- Al,,R sc.2--m 16 Sender: Please print your name, JANET CANTWELL N NCDENR-DWR-WORO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ;s,,s f,nM,P*4® in this box* ■ C:nmolata itamc 1� anrf.R_______— ' Vort} CarolinasDepartment of Environmental Quality Division cf 1- ate Resources JVate-r Quality RegionalcOperations Section 2090 U.S. Highway 7T:'' 5wannanoa. North Carolina 28778 Or. David Moore =endrich Industries, Inc. 'ost Office Box 1579 Tryon, NC 28782-1579 ❑ Agent . ❑ Addressee eof�el �r :ry address different from item 1? I U Ye: enter delivery address below: ❑ No "'III'�II�IIII"��Itllll�rl'��Itlll��l"I�I"'�'ll�ll'lllt'�I�I Il f illlll I'll 111 I I l I I l I IIII II III II I III I I II I III ❑ AdulMail Express@ t /SignatureSignature 0 ice Type Restricted Delivery ❑ Registered Mail Restricts 9590 9403 0672 5196 9682 24 7014 105Cll01 IOU GO 1 4'496111056111 dd-c KCertifed Mail® Delivery ertified Mall Restricted Delivery eturn Receipt for ❑ Collecton Delivery erchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation*" P Insurpe Mail , i s I i El Signature Confirmation 11 Insured Moil Restricted Delivery I I I I I Restricted Delivyr r..— gQ11 A—ALOni.c nor.. —nn 2 AkI n 0—;.... UNITED STATES P4$iAL'-'$F—WfaE-5..,".. ;Postage -Feg, ,prMIt'N6r. -.I( Sender: Please print your name, address, and IIP+1® in this box" Q � o JANET CANTWELL m � ``✓j NCDEO-OWR-WGROS 2090 VS. HIGHWAY 70 C CM1 SWANNANOA NC 28776 4 - O LISPS TRACKING# 9590 9403i f 67 '9i 6'f 8',' 2q'I'1H Ilil'�lf��l�t�11'1���j;flr ■ Complete items 1, 2, and 3. Also complete A. Signa ■ qW4 if Restricted Delivery is desired. X your name and address on the reverse so that we can return the card to you. B. Re v ■ Attach this card to the back of the maiipiece, — - +Iorth-Carolina Depatiment c Environment and W3tur6l resource 2050 U.S. Highway 70, Svia'nnanca, Nc 281-7 SB-EVFN 5BLViA CAROLINA YARN PROCESSORS. aNC 6 POST OFFICE BOX 1579 � T€21'Oid �!C 2E�7�32 3 *Se e Typertifiedgisfe ❑ Insured 4. Restricted 41 700.5 0390 0001 3553 2272 Y-Z dO j ❑ Agent [3 Addressee C. Date of eliven i� o� Item 1? 4ow: 1 reesss, Mail � 1119CUG119_�A_i Fd UNITED STATES POSTAL SERVICE rirst-Class Mail Postage & Fees Paid USPS Permit No. G-1 • Sender: Please print your name, address, and ZIP+4 in this box • &IIZ. LXRRY FROST NCDENR nYVQ-SWP 2090 U.N. ➢ H.MWAY 70 SANNANMA NC 2S77S W ■ Co lete items 1, 2, and 3. Also complete ite f Restricted Delivery -is desired. ■ Pri ur name and address on the reverse so that we can return the card to you. O Agent A North Carolina Department of ess different from item 1? �� . ment and Natural Resources livery address below: ❑ No Environ PA-;— Division of,Water Resources Water Quality Regional Oper tions Section 4CDENR. 2090 U.S. Highway 70, Swannano t, NC 28778 )avid Moore =endrich Industries, Inc. :arolina Yarn Processors 3ost Office Box 1579 Bryon, WC 28782-1579 IService Type Certified Mail® ❑ Priority Mail. Express"' Registered Return Receipt for Merchandise ❑ Insured Mail El Collect on Delivery Delivery? (Extra Fee) ❑ Yes ..7�14;`:-�5;1�•,. ���:� 4466 6.136 :_j tg0V-U)S-1'�,y�U�d � �n UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G ' Sender: Please pr t your name, address, and ZIP+40 in this box' �V rd`b l X�O MS. VERLY PRICE ^" b� �•s y� NC NR-DWR-WQROS I � �Q "A`• a 90 U.S. HIGHWAY 70 1 , 'O/ib 1NANNANOA NC 28778