HomeMy WebLinkAboutNC0072664_Regional Office Historical File Pre 2018 (181)State of North Carolina
Department of Natural Resources and Community. Development
- Division of Environmental Management
512 North Salisbury Street • Raleigh, Northf Qrolina.27611, ,r -
James G. Martin, Governor CoAli+a :a-i'_�
_I.� ��t-L�0111,1E1<VT R. Paul Wilms----
S. Thomas Rhodes, Secretary March 17, 1988 Director
Mr. Glenn Hilton, Jr.
Shuford Mills, Inc,
PO Box 1530
Hickory, NC 28603
Dear Mr. Hilton:
-VIViSIT; OF V,'VJ1101TL1ti1irL. f ;;CSfialir
MOORESVILLE BcEiS1,�L �Efl�g �
Subject: Permit No. NC0072664'
Stoney Point Plant
AlexanderCounty
In accordance with your application for discharge permit received on
November 16, 1987, we are forwarding herewith the subject'State NPDES
permit. This permit is issued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between Nort-h
Carolina and the US Environmental Protection Agency dated December 6, 1983..
If any parts, measurement frequencies or sampling requirements
contained in this permit are unacceptable to you, you may request a waiver
or modification pursuant to Regulation 15 NCAC 2B .050-8(b) by written
request to the Director identifying the specific issues to be contended.._V__.-_
-Unless such request is made within 30 days following receipt of t-his permif,
this permit shall be final and binding. Should your request be denied, you
will have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferable. Part II, B.2.
addresses the requirements'to be followed in -case of change in ownership or
control of this discharge. -
This permit -does -not affect the legal requfrement to obtain other
permits which may be required by the Division of Environmental -Management or -
permits required by the Division of Land Resources, Coa.stal-Area Management
Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr.
Mack Wiggins, at telephone -_number 919/733-5083.
Sincerely,
ART Hi
R.
11.s^� i��;'�� --
I� R i e�i ` 1 F.ir �'�g U �. it R 1 -
d^4 ;�-7 R. Paul Wilms -
cc: Mr. Jim Patrick, EPA _
---- o o o n a -- - - - - --- — — —
3�r-�?tr+yF3trZiT-Prevent:"o_n Pays - --- ---- -
_P.O._Box 27687,_Raleigh,Nouh.Carolina- 276u_7687__Telephone_919733-7Ot5
-- - A.
Permit No. NC0072664.
STATE OF NORTH CAROL -I NA
`DEPARTMENT -OF NATURAL RESOURCES AND COMMUNITY --DEVELOPMENT
-'DIVISION-OFENVIRONMENTAL MANAGEMENT
-P E R M I T
To.. _Di scHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the- provisions of North'Carolina General Statute 143-215.1,
-Other lawful standards and regulations promulgated and adopted by the NorthCarolina
Envitohmdnta1& Management Commission, and the Federal_
el r -Water Pollution Control Act, as
am _ended Shuford Mills,jnc.
is hereby authorized to discharge wastewater from. a facility located at
Shuford Mills, Inc.
Stony Point Pl'a'nt
N.'C. Highway 90
Alexander County
,to receiving.waters designated as -Third Creek in the Yadkin Pee Dee River Basin
limitations, - monitoring _--requiremenitsi— and other
conditions.set forth in Parts I, II, and III hereof.
7
This permit shall become effective March 17, 1986
.This permit and the authorization to discharge sh'll expire at midnight on
February 28'-1----1993
Signed -:this day --
March 17, 1988
ORIGINAL SIGN:tu BY
ARTHUR NIOUBERRY
FOR
- - Permit No. N00072664
- - SUPPLEMENT TO PERMIT COVER SHEET _
- - :Shuford Mills, Inc.
_ is hereby author-ized to:
1. Enter -into a contract -for construction of a wastewater treatment facility,
-.. and
2. Make an outlet into Third Creek, and
3. After receiving an Authorization to Construct from the Division of
Environmental Management construct and operate a 0.010 MGD wastewater
-- treatment facility located on N.C. Highway 90-in Alexander County (See
-i -- Part III of this'Permit) and
4. Discharge from said treatment works into'Third Creek which is classified
.Class "C" waters in the Yadkin - Pee Dee.River Basin.
.j
.�.. (;)'. ;EFFLUENT :LIMITATIONS AND MONITORING REQUIREMENTS Final
j.
II ,
During' the period beginning on the 'effective date of the permit and
P�ermittee,'Is. authorized to discharge from outfall(s) serial number(s) 001.
iand.monitored by the Peimittee as specified below::
Effluent Characteristics Discharge -.Limitations
j da.
Kg/ p (lbs /day) Other Units (Specify) Meas-
lasting until ,I expiratic
Such discharges shall be
Monitoring Re"ements
xementj. Sample *Sample
li' II I. Monthly "Avg. Weekl
Avg. Monthly Avg.
:Weekly Avg.
Frequency
1 e.'
Location
Flow; I
$OD,�SDay;120;Degrees C
0.010 MGD
30.0 mg/l
45.0
Weekly
2/month:
Instantanebus,'I
or E.
,.
:.°.Total.Suspended Residue'
mg/1
Grab
E
i 30.0 mg/1
45.0 mg/1
2/month:
Grab:
E
NH3 a N
,''Dissblved ;Oxygezl
I,
I
(minimum)
• 5. 0 mg/l
5: 0 mg/1 '
2/month'
Weekly
Grab
Grab"
E,'
E,
U,': D
Fecal, Col iform
geometric mean)
1000.0/100 ml
2000.0/100 ml
2/month
Grab--
E,.U,'
D
Residiial Chlori
e I�
h
Weekly
Grab
E
Temperature
I li
Daily
Grab
E,
U, D
''.Conductivity
i
Weekly
Grab
U,
D.'
The': pH �.11 shall, not be less than 6.0standard unitsnor greater than 9.0 standard 'monitored 2/month at the effluent by grab sample.
:There shall be -no discharge of floating .solids or visible foam in other than trace amounts.
E ,
i
units and shall be
NCO072664
Part I
B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for.
discharges in accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations'by the effective
date of the permit.
2. Permittee shall at all ti.mes.provi.de the operation and maintenance
necessary to operate.the existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above
schedule of compliance, the permittee shall submit either a report of
-progress or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, and the probability of meeting the next schedule
requirements.
- Part II
Page 1 of 14.
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. 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 for denial of a permit renewal application.
2. Penalties for Violations of Permit Conditions
Any person who violates a permit condition is subject to a civil penalty not
to exceed $10,000 per day of such violation. Any person who willfully or
negligently violates a permit condition is guilty of a misdemeanor punishable
by a fine not to exceed $15,000 per day of violation, or by imprisonment.
not to exceed six months or both.
3.- Duty to Mitigate _
The permittee shall take all reasonable steps to minimize any -adverse impact
to navigable waters resulting from noncompliance with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact of the noncomplying discharge.
4.. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b)
(2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended,
or revoked in whole or in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclose fully
all relevant facts;
c. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
d. Information newly acquired by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would be cause for
modification or revocation and reis.suance, the permittee must report such
information to the Permit Issuing Authority. The submittal of a new application
Part II
Page 2 of 14
may be required of the permittee. 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 noncompliances, does not stay
any permit condition.
5. Toxic Pollutants
Notwithstanding Part II, A-4 above,- if a toxic effluent standard or prohibition
(including any schedule of compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act for.a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitation for such pollutant in.this permit, this
permit shall be revised or modified in accordance with the toxic effluent
standard prohibition and the permittee so notified.
The permittee shall comply with effluent standards or prohibitions established
under Section 307(a) of the Clean Water Act for toxic pollutants within the
time provided in the regulations that establish those standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and
"Power Failures" (Part II, B-6), 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 131.9. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
7. Oil and Hazardous Substance Liability
Nothing in .this permit shall be construed to pr._eclude the i.nst.i.t:uti.on of any
legal action or relieve the permittee from any responsi.blli.ti.es, liabilities,
or penalties to which the permittee is or may be subject to.under NCGS
143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily.
-suspended.
8. Property Rights
The issuance of this permit does not convey any property r.i.ghts 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.
Part II"
Page 3 of 14
9. Onshore of 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.
10. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circumstances,
is held invalid, the application.of such provision to other circumstances, and
the remainder of this permit, shall not be affected thereby.
11. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reason-
able time, any information which the Permit Issuing Authority may request
to determine whether cause exists for modifying,.revoki.ng and reissuing,
or terminating this permit or to determine compliance with this permit. The
permittee shall also furnish to the Permit Issuing Authority upon request.,
copies of records required to be kept by this permit.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times maintain in good working order and operate
as -efficiently as possible all treatment or control facilities or systems
installed or used by the permittee to achieve compliance with the terms
and conditions of this permit.
2. 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.
3. Dypassing
Any diversion from or bypass of facilities is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii)
where excessive storm drainage or runoff would damage any facilities
necessary for compliance with the effluent limitations and prohibitions of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not later than six months from the date of issuance"
of this permit, detailed. data or engineering estimates which identify:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quaritiLy.of flow from each sewer system
bypass or overflow.
Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The_permittee shall report by telephone to either the central office or
appropriate regional office of the Division as soon as possible, but in
no case more than 24 hours or on the next working day following the
occurrence or first knowledge of.the occurrence of any division from or
bypass of facilities.
4. Upsets
"Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset
does not :i.nclude.noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3-) are met.
5. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in.the course of
treatment or control of wastewaters shall be disposed of in accordance with
NCGS 143-215.1 and in.a manner such as to prevent any pollutant from such
materials from entering wafers of the State or navigable waters of .the United
States.
6. Power Failures
The permittee is responsible for,maintaining adequate safeguards to prevent the
discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
SECTION C. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples
collected at a frequency less than daily shall be taken on a day and time that
is characteristic of the discharge over the entire period which the sample
represents. All samples shall be taken at the monitoring points specified in.
this permit and, -unless otherwise specified , before the effluent joins or is
diluted by any other wastestreamI body of water, or if_substance. Monitoring points
shall not be changed without not
icati.on to and the approval of the Permit
Issuing Authority.
Part II
Page 5 of 14
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for
each month and reported on a monthly Discharge Monitoring Report (DMR) Form
(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM,
postmarked nolater than the 30th day following the completed reporting period.
The first DMR is due -on the last day of the month.following the issuance of the
permit or in the case of a new facility, on the last day of the month following
the commencement of discharge. Duplicate signed copies of these, and all other
reports required herein, shall be submitted to the following address:
Division -of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to insure the accuracy and
reliability of measurements Iof the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to insure that the
accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows
with a maximum deviation of less than + 10% from the true discharge rates
throughout the range of expected discharge volumes. Once -through condenser
cooling water flow which is monitored by pump logs, or pump hour meters as
specified in Part I of this permit and based on the manufacturer's pump
curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to NCGS 143-215.63 et seq,.the Water and Air
Quality Reporting Acts, and to regulations published pursuant to Section 304(g),
33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and
Regulation 40 CFR 136.
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, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both.
i
l Part II
Page.6 of 14
6. Records Retention
All records and information resulting from the monitoring activities required by
this permit including all records of analysesperformed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3) years by the
permittee. Thisperiod of retention shall be extended during the course
of any unresolved litigation or if requested by the Division of Environmental
Management or the Regional. Administrator of the Environmental Protection Agency.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this
permit, the permittee shall record the following information:
a. The exact place, date, and time of sampling;
b.
The
dates the
analyses were
performed;
C.
The
person(s)
who performed
the analyses; and
d. The results of such analyses.
8. Right of Entry
The permittee shall allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized representatives,
upon the presentations of credentials:
a. To enter upon the permittee's premises where an effluent source is located
or.in which any records are required to be kept under the terms and
conditions of this permit; and
h. At reasonable times to•bave access to and copy any records required to,be
kept under the terms and conditions of this permit; to inspect any
monitoring equipment or monitoring method required in this permit; and
to.sample any discharge of pollutants.
SECTION D. 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. Any anticipated facility
expansions, production increases, or process modifications which will result
Part II
Page 7 of 14
in new, -'different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or; if such changes will not violate
the effluent limitations -specified in this permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited.
2.' Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing Authority of any planned
change in the permitted facility or activity which may result in noncompliance
with permit requirements. Any maintenance of facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled during noncritical water quality periods and carried
out in -a manner approved by the Permit Issuing Authority.
3. Transfer of Ownership or Control
This permit is not transferable. In the event of any change in name, control
or ownership of facilities from which the.authorized discharge emanates or is
contemplated, the permittee-shall notify the prospective owner or controller by
letter of the existence of this permit and of the need to obtain a permit in the
name of the prospective owner. A copy of the letter shall be forwarded to the
Division of Environmental Management.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods,
as specified above, the results of -such monitoring shall be included in the
calculation and reporting of the values is required in the DMR. Such increased
frequency shall also be -indicated. The DEM may require more -frequent monitoring
or the,monitoring of other pollutants not required in this permit by written
notification.
5. Avpr�i_nn_o.f Measurements
Calculations for limitations which require averaging of measurements shall
utilize an arithmetic inean unless otherwise specified by the Permit Issuing
Authority in the permit.
6. 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:
Part II
Page 8 of 14
a. Any occurrence at the water pollution control facility which results in
the discharge of significant amounts of wastes which are abnormal in
quantity or characteristic, such as the dumping of the contents of a
sludge digester; the known passage of a slug of hazardous substance
through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown .reasons, that render
the facility incapable of adequate wastewater treatment such as mechanical
or electrical failures of pumps, aerators, compressors, etc.
C. Any .failure'of a pumping station, sewer line, or treatment facility
,resulting in a by-pass directly to receiving waters without treatment
of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility -has
gone out of compliance -with its NPDES permit limitations.
Persons reporting such occurrences, by telephone shall also file a writ -ten
report, in letter form within 15 days .following first knowledge of the
occurrence.
7. Changes in Discharges of Toxic Substances:
The permittee shall notify the Permit Issuing Authority as soon as it knows or
has reason to believe:
a. That any activity has occurred or will occur which would result in the
discharge, on a routine or frequent basis, of any tonic substance(s) (listed
at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the
permit, if that discharge will exceed the highest of -the following
"notification levels".
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and
acrylonitrile;,five hundred micrograms per liter (500 ug/1)
for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and -one
milligram per liter (l mg/1) for antimony; or.
(3) Five (5) times the maximum concentration value reported for that
pollutant(s) 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
(listed at 40 CFR S 122, Appendix D. Table II and III) which is not
limited in.the permit, if that discharge will exceed the highest of the
following "notification levels":
Part II
Page 9 of 14
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony; or
(3) Ten (10) times the maximum concentration value reported for that
pollutant(s) in the permit application.
8. Expiration of Permit
Permittee is not authorized to_discharge after the expiration date. In order to
receive authorization to discharge beyond the expiration date, the permittee
shall submit such information, -forms, and fees as are required by the agency
authorized to issue permits no later than 180 days prior to the expiration date.
Any discharge without a permit after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq.
9. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing
Authority shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means:
(a) a -president, secretary, treasurer or vice president of the
corporation in charge of a principal business function, or any
other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more
manufacturing production or'operati.ng facilities employing more
than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority
to sign documents has been assigned or delegated to the manager in
accordance with.corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or
the proprietor, respectively; or
(3) For a municipality; State, Federal, or other public agency: by either
a principal executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the
Permit Issuing Authority shall be signed bya person described above or by
a duly authorized representative of that person. A person is a duly
authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
Part II
Page 10 of 14
well field, superintendent, a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental matters for the company. (A duly authorized representative
may,thus be either a named individual or any individual occupying a
named position.); and
. (3) The written authorization is submitted to the Permit Issuing -Authority.
C. Certification. Any person -signing a document under paragraphs a. or b. of
this section shall making the following certification:
"I certify, under penalty of law, that this document and all attachments
were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly-gatber and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a) (2) or
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the
Division of Environmental Management. As required by the Act, effluent data
shall not be considered confidential. Knowingly making any false statement on
any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document
submitted or required to be maintained under this permit, including monitoring.
reports or reports.of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment
for not more than six months per violation, or by both.
SECTION E. DEFINITION
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management,. Department of Natural
Resources and Community Development.
r
Part II
Page 11 of 14
3. EMC:
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act; also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
5. Mass/Dav Measurements
a. The "monthly average discharge: is defined as the total mass of all
daily discharges sampled and/or measured during a calendar month on
which daily discharges are sample and measured, divided by the number
of daily discharges samples and/or measured during such month. It is
therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by
the number of days the tests were reported. The limitation is
identified as "Daily Average" or "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of
all daily discharges sampled and/or measured during the calendar week
(Sunday -Saturday) on. which daily discharges are sampled and measured,
divided by the number of daily discharges samples and/or measured
during such week. It is, therefore, an arithmetic mean found by
adding the weights of pollutants found each day of the week and then
dividing this sum by the number of days the tests were reported. This
limitation is identified as "Weekly Average" in Part. T of the permit.
C. The "maximum daily discharge" is the total mass'(weight) of a
pollutant discharged during a calendar day. If only one sample is
taken during any calendar day the weight of pollutant calculated from
it is the "maximum daily discharge." This limitation is identified as
"Daily Maximum," in Part I of the permit.
d. The "average annual discharge is defined as the total mass of all
daily discharges sample and/or measured during the calendar year on
which daily discharges are sampled and measured, divided by the number.
of daily discharges sampled and/or measured during such year. It is,
therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as
"Annual Average." in Part.I of the permit.
Part II
Page 12 of 14
6. Concentration Measurement
a. The "average monthly concentration, other than for fecal coliform
bacteria, is the sum of the concentrations of all daily discharges
samples and/or measured during a calendar month on which daily discharges
are.sampled and measured, divided by the number of daily discharges sampled
and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected
during -that calendar day. The average monthly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" or
"Daily Average" under "Other Limits" in Part I of the'permit.
b. .The "average weekly concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar week (Sunday/Saturday) on which daily discharges
are sampled'and measured divided by the number of daily discharges sampled
and/or measured during such week (arithmetic'mean of the daily
concentration values). The daily concentration value is eq»al to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during
that calendar day. The average weekly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar
week. This limitation is identified as "Weekly Average" under "Other
Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant
discharge during a calendar day. It is identified as "Daily Maximum"
under "Other_ Limits" in -Part I of the permit.
d: The "average annual concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar year on which daily discharges are sampled and
measured divided by the number.of daily discharges sampled and/or measured
during such year (arithmetic mean of the daily concentration values). The
daily concentration value is equal to the concentration of a composite
sample or in the case of grab samples is the arithmetic mean (weighted by
flow value) of all the samples collected during that calendar day. The
average yearly count for fecal coliform bacteria is the geometric mean
of the counts. for samples collected during a calendar year.. This limitation
is identified as "Annual Average" under "Other Limits" in Part I of the
permit.
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Part II
Page 13 of 14
Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours
average flow, averaged monthly. It is determined as the arithmetic mean.
of the total daily flows recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time
of sampling, when both the sample and flow will be representative"of the
..total discharge.
Types of Samples
A. Composite Sample: .These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. 'If a composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent grab
samples shall be no greater than hourly. Intervals between effluent grab
samples shall be no greater than hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the.interval between grab samples shall be no greater in number of
hours than the detention time in number of days; provided, however,.in
no case may the time between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
b. Grab Sample: Grab samples are individual samples collected over a
period of time not exceeding 15 minutes; the grab sample can be taken
manually.
Calculation of Means
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of
the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of
the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the
respective' -flows.
Part II
Page 14 of 14
10. Calendar Day
A calendar day is defined'as the period from midnight of one day until midnight
of the next,day. However, for purposes of this permit, any consecutive 24-hour
period that reasonably represents the calendar day may be used for sampling.
11. Hazardous -Substance
A hazardous substance means any substance.designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under -Section 307(a)(1) of
the Clean Water Act.
PART III
OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this facility, whether for
construction or operation or discharge, are hereby revoked by issuance of this
permit. The conditions, requirements,.terms, and provisions of this permit
authorizing discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction -
No construction of wastewater treatment facilities or additions thereto shall
be begun until Final Plans and Specifications have been submitted to the
Division of Environmental Management and written approval and Authorization
to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall
employ a certified -wastewater treatment plant operator in. responsible charge
of the wastewater treatment facilities: Such operator must- hold a certification
of the grade equivalent to or greater than the classification assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The. permittee shall, upon written notice from the Director of the Division of
Environmental Management, condnot groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
E. Limitations Reopener
This permit shall be modified or alternatively, revoked and reissued, to comply
with any .applicable effluent guideline or water quality standard issued or
approved under Sections 302(b) (2) (c), and (d), 304(b) (2), and 307(a) (2)
of the Clean Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise more stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any
other requirements in the Act then applicable.
Part III
Continued
F. Toxicity Reo0ener
This permit shall be modified, or revoked and reissued to incorporate toxicity
limitations and monitoring requirements in the event toxicity testing or other
studies conducted on the effluent or receiving stream indicate that detrimental
effects may be expected in the receiving stream as a result of this discharge.