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HomeMy WebLinkAboutNC0028711_Regional Office Historical File Pre 2018A=4i;A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary July 24, 2015 RECEIVED/NCDENR/DWFt Mr. Mark Jones, Director of Maintenance A U G 17 2015 Charlotte -Mecklenburg Board of Education 3301 Stafford Drive WQROS Charlotte, NC 28208 MOORESVILLE REGIONAL OFFICE Subject: Issuance of NPDES Permit NCO028711 Charlotte -Mecklenburg BOE — Berryhill Elementary School WWTP Mecklenburg County Dear Mr. Jones: 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 permit contains no significant changes to its terms from those found in the draft permit sent to you on May 6, 2015. However, you are also reminded of the new condition requiring electronic reporting of discharge monitoring report (DMR) data using the Division's eDMR internet application. This new requirement will become effective on May 1, 2016 (approximately 270 days or nine months following the effective date of the permit). 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 Resources or any other Federal, State, or Local governmental permits that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mr. Mark Jones NCO028711 Permit Renewal 2015 p. 2 You are reminded that the Catawba River (Lake Wylie) is listed as an impaired stream on North Carolina's 303(d) list. This means that the stream does not meet all water quality standards. This stream degradation may lead the Division to take steps, including modification of the permit, to ensure protection of surface water quality. If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. nce ly, S. Jay Zimmerman, L.G. for Division of Water Resources cc- Central Files NPDES File Permit NCO028711 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 In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Charlotte -Mecklenburg Board of Education is hereby authorized to discharge wastewater from a facility located at the Berryhill Elementary School WWTP 10501 Windy Grove Road West of Dixie Mecklenburg County to receiving waters designated as the Catawba River (Lake Wylie) in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 2015. This permit and authorization to discharge shall expire at midnight on June 30, 2020. Signed this day July 24, 2015 V Zimmerman, L.G., DireQt'6F— ision of Water Resources By Authority of the Environmental Management Commission . Page 1 of 6 Permit NCO028711 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Charlotte -Mecklenburg Board of Education is hereby authorized to: 1. Continue to operate an existing 0.008 MGD extended aeration wastewater treatment system with the following components: ♦ Influent bar screen ♦ 7,400 gallon flow equalization basin ♦ 11,700 gallon aeration basin (combined 8,400 & 3,300 gallon basins) ♦ 26 square foot clarifier ♦ Sludge return ♦ 2,900 gallon post aeration basin ♦ 4,000 gallon sludge holding tank with 50 gpm submersible pump ♦ Tablet chlorine disinfection ♦ Tablet dechlorination The facility is located at the Berryhill Elementary School WWTP, at 10501 Windy Grove Road, west of Dixie, in Mecklenburg County. 2. Discharge from said treatment works at the location specified on the attached map into the Catawba River (Lake Wylie), classified WS-V and B waters in the Catawba River Basin. Page 2 of 6 Permit NCO028711 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location2 Flow 50050 0.008 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) C0310 12.8 mg/L 19.2 mg/L Weekly Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1 — October 31) C0610 2.0 mg/L 10.0 mg/L Weekly Grab Effluent NH3 as N (November 1 — March 31) C0610 6.8 mg/L 34.0 mg/L Weekly Grab Effluent Total Residual Chlorind 50060 17 pg/L 2/Week Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent pH 00400 > 6.0 & < 9.0 standard units Weekly Grab Effluent Dissolved Oxygen 00300 Daily Average >_ 5.0 mg/L Weekly Grab Effluent Temperature (°C) 00010 Monitor & Report Daily Grab Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab Upstream & Downstream Temperature (°C) 00010 Monitor & Report Weekly Grab Upstream & Downstream Footnotes: No later than May 1, 2016 (270 days from the effective date of this permit), begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Condition A. (2.). Upstream = 100 feet above discharge point; Downstream = 200 feet below discharge point. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts Page 3 of 6 Permit NCO028711 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] 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 anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Reportiniz [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than May 1, 2016 (270 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 6 Permit NC0028711 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://Portal.nedenr.org/web/w� 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 Section B. (11.) (b) and supersedes Section B (11) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http'//portal ncdenr or web/wq/admin/bo i u/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V 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 offines and imprisonment for knowing violations," 3. Records Retention [Supplements Section 1). (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 6 Permit NCOO?R71 1 / y f l�Ll�2 r QR 1 1 I' Lv � ' r b PJy • vJi ® Q OR fly Page 6 of 6 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder -and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11/09/2011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 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 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. 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 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and 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 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that 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 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 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 1110912011.1 I NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC O2H .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. Monitorina and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Chances 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 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planfs treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part I1 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)(I 1)] 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)] "Simificant Industrial User" or "S1U" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts 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 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and. .0906(b)(4)] 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 (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. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: Inspect all Significant Industrial Users (SIUs) at least once per calendar year•, b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 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 122.440)(2) and 40 CFR 403.12] 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)] Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NPDES Permit Standard Conditions NC DENR / Division of Water Resources f Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; Pretreatment Program Summaryy (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 forma provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs 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 Directs is needed to determine compliance with the pretreatment implementation requirements of this permit; Public Notice The Permittee shall publish annually a list of Industrial Users (lUs) 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)] 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)] Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 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 (SATs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 N A NCDENR North Carolina Department of Environment and Natural Resources Beverly p( Division of Water Quality BeiYerly Eavcs Pe'rluQ r./ila.,I,es tY nn �akild, RcE Dee Freeman Governor Director Secretary RECEIVED DIVISION OF WATER QUALITY Mr. A. R. Ansaldo Director of Architecture Charlotte -Mecklenburg Board of Education 3301 Stafford Drive Charlotte, NC 28208 Dear Mr. Ansaldo: April 11, 2012 APR 2 7 2912 S"d1'F' v�_' t` 0A MOORESViLLE REGIONAL OFFICE Subject: Issuance of Modified NPDES Permit Permit NCO028711 Berryhill Elementary School WWTP Mecklenburg County Class II Division personnel have reviewed and approved your application for modification of the subject permit for an expansion to 0.008 MGD. Accordingly, we are forwarding the attached modified 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). Modified Permit: 1) Revised Supplement to Permit Cover Sheet with proposed 0.008 MGD expansion. 2) Added new 0.008 MGD Flow Expansion Effluent Page. 3) Added UV disinfection option. Compliance with total residual chlorine is conditional and required when chlorine or a chlorine derivative disinfection is added. 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. Page 1 of 2 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Naturall,ff I 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 permits that may be required. If you have any questions concerning this permit, please contact Ron Berry at telephone number (919) 807-6396 or at email ron.berry@ncdenr.gov. Sincerely, .4 n 1/ 1 harles Wakild, P.E. Attachments &� Cc: Mooresville Regional Office/Surface Water Protection Sectiom: with copy of revised Fact Sheet) South Carolina Department of Health and Environmental Control/Mike Montebello Email: montelbmj@dhec.sc.gov (email with revised Fact Sheet) Mecklenburg County/Erin Hall Email: erin.hall@mecklenbur cg ount r�ic.goy (email) Drewberry & Davis, Inc./Matthew B. West, P.E. Email: mwest e,drewberry.com (email) IF/Ken Pohlig (email) Central Files NPDES Files Page 2 of 2 Permit NC0028711 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Charlotte -Mecklenburg Board of Education is hereby authorized to discharge wastewater from a facility located at the Berryhill Elementary School WWTP 10501 Windy Grove Road Mecklenburg County to receiving waters designated as the Catawba River (Lake Wylie) in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit modification shall become effective May 1, 2012. This permit and authorization to discharge shall expire at midnight on June 30, 2015. Signed this day April 11, 2012. es Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO028711 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. Charlotte -Mecklenburg Board of Education is hereby authorized to: 1. Continue to operate an existing 0.006 MGD packaged extended aeration wastewater treatment system with the following components: o Bar screen o One (1) 7,400 gallon flow equalization basin with transfer pumps o One (1) 8,400 gallon aeration basin with blowers o One (1) 26 ft2 clarifier with sludge transfer pumps o One (1) 2,900 gallon post aeration basin o One (1) 4,500 gallon sludge holding tank o Controls o Tablet chlorination o Flow weir o Tablet dechlorination The facility is located at Berryhill Elementary School, 10501 Windy Grove Road in Mecklenburg County. 2. Upon obtaining an Authorization to Construct or Operate for 0.008 MGD, and submitting the signed Engineer Certificate to begin operation with the following additional components: o Expanded aeration basin o Two (2) new sludge pumps o Two (2) new 3,000 gallon sludge holding tanks o UV disinfection (option) o New controls 3. Discharge from said treatment works at the location specified on the attached map into the Catawba River (Lake Wylie), classified WS-V and B waters in sub -basin 03-08-34 of the Catawba River Basin. 01 ^' S Dish e , School a y44 z �l..r�" k_. ,,.:^ � ,�°•^3.� ,fit-�«„�° �,EBYi'fri ir3�7a''idr .C4.9fi7ia' ��, "h.s t .� � � x { fit: a.�" T � � �� A . � me - u six «,.' ��i �a .x„,.�,., "�'�-.�y- rig •R . USGS Quad: G15NW Charlotte West, NC Outfall Facility Latitude: 35' 12' 41.7" N 350 12' 44" N Longitude: 80' 59' 58.5" W 800 59' 29" W Stream Class: WS-V, B Subbasin:03-08-34 HUC:03050103 Receiving Stream: Catawba River (Lake Wylie) Permit NC0028711 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, or until receipt of a signed Engineer Certificate for expansion to 0.008 M TD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample CHARACTERISTICS Average Maximum Frequency Type Location I Flow 0.006 MGD Weekly Instantaneous Influent or Effluent Total Residual Chlorine 2 17 µg/L 2/Week Grab Effluent BOD, 5-day (20°C) 17.0 mg/L 25.5 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1 — October 31) 2.0 mg/L 10.0 mg/L Weekly Grab Effluent NH3 as N (November 1 — March 31) 9.0 mg/L 3 5. 0 mg/L Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent pH Not less than 6.0 S.U. nor Weekly Grab Effluent more than 9.0 S.U. Dissolved Oxygen Not less than 5.0 mg/L, Weekly Grab Effluent daily average Dissolved Oxygen Weekly Grab Upstream & Downstream Temperature, °C Daily Grab Effluent Temperature, °C Weekly Grab Upstream & Downstream Footnotes: 1. Upstream = 100 feet above discharge point; Downstream = 200 feet below discharge point. 2. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS Permit NC0028711 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and after receipt of the signed Engineering Certificate for expansion to 0.008 MGD and lasting until expiiration, the Peiuuttee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: LIMITS MONITORING REQUIREMENTS EFFLUENT Monthly Daily Measurement Sample Sample .CHARACTERISTICS Average Maximum Frequency Type _ 1 Location Influent or Flow 0.008 MGD Weekly Instantaneous Effluent Total Residual Chlorine 2 17 µg/L 2/Week Grab Effluent BOD, 5-day (20°C) 12.8 mg/L 19.2 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2.0 mg/L 10.0 mg/L Weekly Grab Effluent (April 1 — October 31) NH3 as N 6.8 mg/L 34.0 mg/L Weekly Grab Effluent (November 1 — March 31) Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean) pH Not less than 6.0 S.U. nor Meekly Grab Effluent more than 9.0 S.U. Dissolved Oxygen Not less than 5.0 mg/L, Weekly Grab Effluent daily average Dissolved Oxygen Weekly Grab Upstream & Downstream Temperature, °C Daily Grab Effluent Temperature, °C p Weekly Grab Upstream & Downstream Footnotes: 1. Upstream = 100 feet above discharge point; Downstream = 200 feet below discharge point. 2. The permittee must alert the Division that UV disinfection has been installed and operational. If the facility uses chlorine or chlorine derivative for disinfection at any time the TRC daily limit applies. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ 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 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water 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. 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 122.411. 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 NPDES Permit Standard Conditions', Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Du 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 ii (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 NPDES Permit Standard Conditions:' Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that quaked 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 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 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. 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 NPDES Permit Standard Conditiong' Page 8of18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 NPDES 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 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 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 NPDES Permit Standard Conditions' ' Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 NPDES Permit Standard Conditions' ' - Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that 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 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the 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 2011-3941, no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity. has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration, value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)1: 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 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 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 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. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 NPDES Permit Standard Conditions' - Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.91 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 ILD 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 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 NPDES Permit Standard Conditions Page 17 of 18 31 9 10 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 (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. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; C. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and 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. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 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)] 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 NPDES 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 (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms ([DSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). Thesl. 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 02.H .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 403.1.8, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011 A A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mark Jones, Dir. of Maintenance Berryhill Elementary School WWTP 3301 Stafford Drive Charlotte, NC 28208 Dear Mr. Jones: Donald van der Vaart Secretary January 06, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO028711 Mecklenburg County The NPDES Unit received your permit renewal application on December 30, 2014. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Bob Sledge (919) 807-6398. Sincerely, V 1I fre*L, Tl,.Q�O�f 0- & Wren Thedford Wastewater Branch cc: Central Files i e egiona Office NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service:1-877-623-6748 Internet:: www.ncwater.orq An Equal OpportunityMiirrnative Action Employer NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCO028711 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Charlotte -Mecklenburg Board of Education Facility Name Berryhill Elementary School WWTP Mailing Address 3301 Stafford Drive City Charlotte State / Zip Code North Carolina, 28208 Telephone Number (980)343-8635 Fax Number (980)343-3644 e-mail Address mark.jones@cros.kl2.nc.us 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road 10501 Windy Grove Road City Charlotte State / Zip Code North Carolina, 28278 County Mecklenburg 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Charlotte -Mecklenburg Board of Education Mailing Address 3301 Stafford Drive City Charlotte State / Zip Code North Carolina, 28202 Telephone Number (980)343-8635 Fax Number (980)343-3644 e-mail Address mark.jones@cros.kl2.nc.us DEG 4 Q'114 1 of 4 �lp���` Form-D 11112 NPDES APPLICATION - FORM D `4Nq For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial ❑ Residential ❑ School Other ❑ Number of Employees Number of Employees Number of Homes Number of Students/Staff Explain: 693/43 Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Elementary School Number of persons served: 736 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): Catawba River (Lake Wylie) 8. Frequency of Discharge: ❑ Continuous ® Intermittent If intermittent: Days per week discharge occurs: 5 Duration: 5 hours, 38 weeks a year 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Influent bar screen, 7,400 gallon flow equalization basin, 4,000 gallon sludge holding tank with one (1) 50 gpm submersible pump, 11,700 gallon aeration basin (combined 8,400 gallon and 3,300 gallon basins), 26 square foot clarifier, 2,900 gallon post aeration basin, 635 gallon disinfection unit consisting of a 2 tube chlorination unit, 2 tube dechlorination system, sludge return pump and all associated system piping. 2 of 4 Form-D 11112 NPDES APPLICATION - FORM D PFoVrIprivately-owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.008 MGD Annual Average daily flow 0.0051 MGD (for the previous 3 years) Maximum daily flow 0.006 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes VIM 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, 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. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over thepast 36 months for parameters curre tly in yourpermit. Mark otherparameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 15 4 mg/L Fecal Coliform 96 2 cfu/ 100ML Total Suspended Solids 29 10 mg/L Temperature (Summer) 28.8 21.3 °C Temperature (Winter) 17.4 12.5 °C pH 8.7 N/A - cannot be averaged. Minimum was 6.3. S.U. 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCS000395 Dredge or fill (Section 404 or CWA) PSD (CAA) Other NCO160605 Non -attainment program (CAA) 14. 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. Mark Jones Director of Maintenance Printed name of Person Signing Title Engineering & Energy Management C11 Signature of/Mplicant Date North Carolina General Statute 143-215.6 (b)(2) states: 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 3 of 4 Form-D 11/12 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 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.) 4 of 4 Form-D 11112 Ctivbtb-.NekM..d,.re tMp01. fiv" Cil U. fivQ.ry bAy. for'A T,"+e ✓ ToMowow. To whom it concerns, I wanted to personally let you know that I have received excellent support from the staff at the Mooresville Regional Office (MRO). Recently I had questions concerning the renewal application for a wastewater treatment plant and was greeted. by a knowledgeable staff. In the past, the staff at the MRO has helped me and our ORC with a number of technical questions. Not only have they provide us answers, but they were able to show us in the regulations were the questions are answered. I would like to give a special thanks to Marcia Allocco who has been our primary contact along with Barbara Sifford and Wes Bell. Sincerely, Jeff Mitchell Environmental, Health & Stewardship Specialist Jefferyg.mitchell@cros.kl2.nc.us RECEIVED/DENR/DOUR JAN - 5 2015 Water Quality Permitting Sectior Charlotte -Mecklenburg Board of Education I Berryhill Elementary School WWTP Authorization to Construct No. 02871 Ao3 Issued March 31, 2014 MR-0 IJ(oJ i-RECE WED DIVISION OF WATER QUALITY Engineer's Certification AUG 18 2014 14 kt�W AL OFFICE as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the modifications and improvements to the Berryhill Elementary School Wastewater Treatment Plant, located in Mecklenburg County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Modification of the existing package plant structure to increase the aeration volume to 11,700 gallons by combining the sludge holding basin with the aeration basin, modification of piping and controls; installation of one (1) new 4,000 gallon sludge holding tank with one (i) o rpm submersible pump, piping and control; installation of new two tube tablet chlorination s stem; install on of new two tube tablet dechlorination systemin conformity wit t e project plans, specifications, and other supporting ocuments comprismg of the ATC Permit Application package. I certify that the construction of the above referenced project was observed to be built within substantial compliance, intent and in conformity with all applicable regulations and statutes and the project plans, specifications, and other supporting documentation comprising the Authorization to Construct Permit Application package. Date_ �I I Mail this Certification to: Attn: Ron Berry Complex Permitting Unit DENR/DWR/Water Quality Programs 1617 Mail Service Center Raleigh, NC 27699-1617 No. 03'f ?I/ \\%%\\IIIII///,�/ ��•,�'�N CARO, //�i Sao o�E3S/Dy- •a SEAL _ 034991 _ %� •. GINS Dewberry August 6, 2014 Dewberry Engineers Inc. 6135 Lakeview Road, Suite 150 Charlotte, NC 28269-2618 704.509.9918 704.509.9937 fax www.dewberry.com Mr. Ron Berry RECEIVED/DENR/DWR Complex Permitting Unit DENR/DWR/Water Quality Programs AUG 11 2014 1617 Mail Service Center Raleigh, NC 27699-1617 Water Quality Permitting Section Reference: Charlotte Mecklenburg Schools - Berryhill Elementary School WWTP Engineer's Certification Authorization to Construct No. 028711A03 Dewberry Project # 5oo64927 Dear Mr. Berry: Dewberry Engineers Inc. (Dewberry) is providing this letter and attachment for the Engineer's Certification for the above referenced project. With completion of the improvements permitted by the above referenced Authorization to Construct, the Berryhill Elementary School WWTP now has a permitted capacity of .008 MGD as authorized by NPDES Permit No. NCo028711. The updated effluent limits and monitoring requirements approved in the NPDES permit modification (April 11, 2012) will become effective with this Engineer's Certification. The attached Engineer's Certification notes three minor changes from those approved by the Authorization to Construct. Two tube chlorination and dechlorination tablet feed systems were installed instead of the three tube chlorination and dechlorination tablet feed systems that were approved. Additionally, a submersible pump was provided in the sludge holding tank instead of the submersible grinder pump which was approved. These changes should not impact the performance of the WWTP. Should you have any questions or comments concerning this submittal, please do not hesitate to call me at (919) 424-3770 or email me at mwest@dewberiy.com. .com. Sincerely, Dewberry Engineers Inc. Matthew B. West. P.E. LEED AP BD+C Project Manager imcicsures TC R; i \1S j Allocco, Marcia From: Weaver, Charles Sent: Thursday, August 14, 2014 9:04 AM To: Berry, Ron Cc: Allocco, Marcia Subject: RE: ATC construction completed for expansion NC0028711 to 0.008 MGD BIMS has been updated. I can't make a limit change in the middle of a month, so the 8000 GPD limits become effective 9/1/2014. CHW Messages sent to or from this address are subject to the North Carolina Public Records Law. From: Berry, Ron Sent: Wednesday, August 13, 2014 4:12 PM To: Weaver, Charles Subject: ATC construction completed for expansion NC0028711 to 0.008 MGD Charles, Received signed Engineer Certificate for completion of Berryhill School expansion construction to 0.008 MGD. Need to be sure 0.008 MGD tier activated. Ron Ron Berry, Engineer Division of Water Resources/NCDENR Phone: (919) 807 - 6396 Email: ron.berrv@ncdenr.gov Location Address - Archdale Building, Office 925Y 512 N. Salibury St. Raleigh, NC 27699 Mailing Address - Archdale Building, NCDENR/DWR 1617 Mail Service Center Raleigh, NC 27669-1617 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 A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Mark Jones Director of Maintenance Charlotte -Mecklenburg Board of Education 3301 Stafford Drive Charlotte, NC 28208 Dear Jones: July 17, 2014 John E. Skvarla, III Secretary RECEIVED DIVISION OF UVA.TER ( , JUL 21 2014 SV'JP SECTtON MOORESV'LLE REGIONAL OFFICE Subject: Confirmation Owner Name Permit NC0028711 Berry hill Elementary School WWTP Mecklenburg County I requested by Mr. Rizzo, this letter is to confirm that the July 10, 2014 Permit Change Form was re >ved and all the appropriate Division records have been corrected. Please be aware in the future that the owner, currently designated as Mr. Mark Jones in our records, needs to sign the permit renewal application. When the owner name changes, you will need to submit the Permit Change Form so we can update our records accordingly. Sincerely, pt."' &fV4 Ron Berry, Engineer Division of Water Resources, NCDENR Cc: V Main, Mr. Richard J. Rizzo Charlotte -Mecklenburg Board of Education 3301 Stafford Drive Charlotte, NC 28208 Central Files NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal OpportunitylA mnative Action Employer ppppv- Parker, Michael From: Berry, Ron Sent: Monday, August 01, 2011 1:32 PM To: Parker, Michael Subject: FW: Michael, This forwarded email is the email response I sent to the consultant we discussed. Mr. West called the next day to discuss this email, his parting comment was he needed to confer with the owner to determine what his next steps would be. He did request a spec letter which I told him we could not issue as this discharge is not a POTW facility. But I would as part of the formal permitting modification process provide a preliminary copy of the draft for his review prior to issuing a draft for public comment. This would allow the permittee an opportunity to discontinue the modification request if necessary. I also pointed out the expanded permit would have more stringent limits (current discharge is into Lake Wylie). Several additional comments were provide to help direct the consultant in to what minimum items should be in the required EAA. One of the first items I need is upon receipt by the region of the modification application is to review the application and indicate either its support or it has issues with the modification request. Let me know if you have any questions or concerns. Ron Ron Berry ron.berrv@ncdenr.gov Engineer I DWQ/Point Source/NPDES Complex Permitting Unit NCDENR Phone: (919) 807-6396 Fax: (919) 807-6495 Office: Archdale Building Room 925N Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Berry, Ron Sent: Wednesday, July 27, 2011 4:40 PM To: 'Matthew B. West, P.E.' Subject: NCDENR response for NPDES permit modification for Berryhill Elementary School Mr. West: The Division has reviewed your July 6, 2011 letter, Berryhill Flementary School NPDFS permit modification request, and has determined that this is a major permit modification. The proper NPDES application must be completed and submitted, in this case NC Form D. Also, since you requested increasing the permitted discharge an EAA must be submitted in conjunction with the application. Three copies of all submitted documents are required. The $260 fee was appropriate for the NPDES modification. The active NPDES permit has an assigned waste load allocation which cannot be exceeded thus, impacting the effluent limits that will apply for the increased flow. This may further impact your calculation for the rerate. As you noted , the rerate and subsequent equipment changes will require completion and submittal of an 'R Authorization to Construct (A to C) application to the Construction Grants & Loans Section for approval. You cannot submit the A to C application until a modified NPDES permit has been issued. All of this information, guidance, and forms are available on our web site: http://portal.ncdenr.org/web/`wg/swp/ps/npdes/permit rp ocess If you have any questions you can contact the undersigned. Sincerely, Ron Berry ron.berrv@ncdenr.gov Engineer I DWQ/Point Source/NPDES Complex Permitting Unit NCDENR Phone: (919) 807-6396 Fax: (919) 807-6495 Office: Archdale Building Room 925N 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. PPPPPPP' Beverly Eaves Perdu Governor NCDENR North Carolina Department of Environment and Division of Water Quality e Coleen H. Sullins Director July 11, 2011 MATTHEW B WEST PE, LEED AP BD+C PROJECT ENGINEER DEWBERRY & DAVIS INC Natural Resources Dee Freeman Secretary RECEIVED DMSION OF WATER QUALITY JUL 18 201 6135 LAKEVIEW ROAD, SUITE 150 -SWP SECTION CHARLOTTE NC 28269-2618 MOORESVILLE REGIONAL OFFICE Subject: Acknowledgement of Permit Modification Request for NCO028711 Mecklenburg County Schools Berryhill Elementary School WWTP Mecklenburg County Dear Mr. West: The Division of Water Quality acknowledges receipt of your permit modification request along with check number 77241, dated July 8, 2011, in the amount of $260.00 on July 11, 2011. The reviewer will perform a detailed review and contact you with a request for additional information if necessary. To ensure the maximum efficiency in processing permit applications, the Division requests your assistance in providing a timely and complete response to any additional information requests. Please note at this time, processing permit applications can take as long as 60 — 90 days after receipt of a complete application. If you have any questions, please contact Ron Berry at 919-807-6396, or via email at ron.beny@ncdenr.gov. If the reviewer is unavailable, you may leave a message, and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. Sincerely, sr.� Dina Sprinkle Cc: Central Files ice Surface Water Protection Section Permit application file NCO028711 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 olle Phone: 919-807-6300 \ FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org An Faual Onnortunitv l Affirmative Actinn Fmnlnve,%�lxtllrll��l, r u P, F.11Dewberry Dewberry & Davis, Inc. 6135 Lakeview Road, Suite 1 SO Charlotte, NC 28269-2618 704.509.9918 704.509.9937 fax www.dewberry.com July 6, 2011 Mr. Bob Sledge Specialist Surface Water Protection Section — NPDES NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699 — 1617 Reference: Charlotte Mecklenburg Schools Berryhill Elementary School Wastewater Treatment Plant — NCO028711 Dewberry Project # 50046144 Dear Mr. Sledge: As discussed in our phone conversation on May 2, 2011, Dewberry & Davis, Inc. (Dewberry) is submitting this letter for your review to request a modification to the Berryhill Elementary School National Pollutant Discharge Elimination Permit (NPDES). The requested modification is to increase the average daily discharge from 6,000 gallons/day (GPD) to 8,000 GPD. This modification to the NPDES permit is being requested as there is no public sanitary sewer service available in this area and no plans to provide sanitary sewer are currently being considered. It is our understanding that major modification to this minor NPDES permit will be required. Charlotte Mecklenburg Schools (CMS) operates a wastewater treatment plant (WWTP) at Berryhill Elementary School currently permitted for average daily discharge of 6,000 GPD under National Pollutant Discharge Elimination System (NPDES) permit NC0028711. The WWTP discharges to the Catawba River (Lake Wylie), subbasin 30084. Dewberry has performed a feasibility study that evaluated the current WWTP capacity and options for expansion. Based on the feasibility study it appears that the WWTP processes and equipment may be adequately sized and that the average daily flow can be reliably increased to 8,000 GPD based on the hydraulic loading with only minor modifications to the WWTP. To confirm the results of the feasibility study, CMS has obtained four composite samples of the influent waste stream. A summary of these samples of the influent waste stream is provided in Table 1 below. i PPPPPPP' Mr. Bob Sledge Berryhill Elementary School WWTP - NCO028711 July 7, 2011 Page 2 of 5 Table 1. Influent Waste Stream Sampling Results Parameter Week Week Week Week Minimum Average Maximum to Evaluate 1 2 3 4 (5/17) (5/24) (6/1) (6/9) CBOD (mg/1) 326 422 463 498 326 427 498 TSS (mg/1) 184 266 282 332 184 266 332 pH (standard 7.8 7.5 7.3 7.5 7.3 7.5 7.8 units) TKN (mg/1) 58.6 64.1 49.4 54.7 49.4 56.7 64.1 Ammonia 19.8 22.1 8.12 0.97 0.97 12.75 22.10 (mg/0 Temperature 20.9 24.5 26.2 27.4 20.9 24.8 27.4 ('F) Dissolved 4.95 3.51 3.47 3.08 3.08 3.75 4.95 Oxygen (mg/1) Notes: 5/17 - Added about 25 Ibs of soda ash on 5/16 6/1- Samples taken at 10:30 am. All other samples taken at 1:00 pm 6/9 - Day before school is out for the summer The results of the influent waste stream sampling showed that the influent waste was higher strength than was assumed in the feasibility study. If the NC Division of Water Quality (DWQ) determines that the average daily flow can be increased to 8,000 GPD, the WWTP will again be evaluated to determine if it can meet the discharge limits set forth for the increase flow. A summary of the daily monitoring reports (DMRs) for the period of January 2009 -January 2011 is provided below. This information is being included to provide DWQ with pertinent information about the operation and treatment abilities of the WWTP in its current state. Table 2 provides the parameters monitored under the permit and the results based on the current operation. The minimum, average, and maximum values are provided for your reference. Dewberry ppppppp, Mr. Bob Sledge Berryhill Elementary School WWTP - NC0028711 July 7, 2011 Page 3 of 5 Table 2. Summary of Daily Monitoring Reports Parameter Limits per NPDES Daily Monitoring Reports Summary permit Monthly Daily Daily Average Average Average Daily Average Maximum Minimum Minimum Maximum Maximum Flow (MGD) 0.006 0.005 0.005 0.005 0.005 0.005 BOD, 5-day (20' 17 25 2.00 2.57 3.70 5.22 12.00 C) (mg/L) Total Suspended 30 45 5.00 6.17 8.45 11.91 38.00 Solids (mg/L) NH3 as N (April 1 2 10 0.10 0.12 0.16 0.24 0.70 - October 31) (mg/L) NH3 as N 9 35 0.10 0.26 1.10 1.90 8.12 (November 1- March 31) (mg/L) Dissolved Not less 4.47 6.59 7.68 8.76 15.36 Oxygen (mg/L) than 5 Fecal Coliform 200 400 1.00 1.00 4.21 15.24 180 (geometric mean) (#/100 mL) Total Residual 17 10.00 10.57 12.42 15.57 18.00 Chlorine (µg/L) Temperature 5.30 14.51 17.20 20.42 28.90 CQ pH 6-9 6.50 7.33 7.66 7.92 8.90 Based on the summary of the DMRs you can see that the WWTP currently permitted for an average daily discharge of 6,000 GPD reliably meets the limits set forth in the current NPDES permit. While there are some exceedances, both minimum and maximum of the permit limits, these events occurred only once and were rectified on the following day. A summary of the processes and equipment based on the general design criteria at a flow of 8,000 GPD is provided in the Table 2 below. The WWTP is a package type extended aeration facility. It includes an Dewberry Mr. Bob Sledge Berryhill Elementary School WWTP - NCO028711 July 7, 2011 Page 4 of 5 equalization basin, sludge holding basin, aeration basin, clarifier, post aeration basin, chlorine contact chamber, dechlorination chamber, and blowers. A summary of the processes and equipment based on the general design criteria at a flow of 8,000 GPD is provided in the Table 2 below. A detailed analysis of each process in included in the feasibility study in Attachment A. Table 3. WWTP Summary at Increased Flow of 8,000 GPD Process Approximate Capacity/Loading Approximate Capacity/loading Rate of Current WWTP rate based on 8,000 GPD flow Processes and Equipment Equalization Basin 7,300 gallons 91% of average daily flow in equalization basin Sludge Holding Basin 3,300 gallons 41% of average daily flow in sludge holding basin. Aeration Basin 20-30 hours detention of 23 hours detention of average average daily flow daily flow Clarifier 600-800 gallons/day per square 300 gallons/day per square foot foot Blowers 164 CFM 100 -110 CFM Post Aeration Basin Adequate air available Adequate air available Chlorine Contact Chamber 10,000 GPD tablet system 8,000 GPD 20-30 min. contact time Limit forward flow to 20-30 gpm Dechlorination Chamber 10,000 GPD tablet system 8,000 GPD Based on this analysis, the current WWTP is designed to handle flows in excess of 6,000 GPD. Additionally, the current WWTP may be able to handle flows of 8,000 GPD with minor modifications. CMS plans to make the modifications mentioned below and will submit a request for an Authorization to Construct (A to C) to the Construction Grants and Loads Section (CG&L) after the draft NPDES permit is issued for a modified flow of 8,000 GPD if it is determine the WWTP can meet the limits set forth in the draft permit. These modifications included the following: 1. Sandblast and repaint the exterior walls of the WWTP. Drain, inspect and determine if coating the interior walls of the WWTP below normal water level is required. 2. Provide a monitoring manhole near the fence on the effluent outfall to Lake Wylie. 3. Replace the RAS pump with a "geyser" type pump to provide a more efficient and reliable transfer of sludge to the sludge holding basin. This will in turn produce a lower average total solids loading to the clarifier and improved clarifier performance. Dewberry Mr. Bob Sledge Berryhill Elementary School WWTP - NCO028711 July 7, 2011 Page 5 of 5 4. Provide an interval timer for the equalization pump with level float override. This will allow the operator flexibility in operating the WWTP and will keep the plant on a more continuous operating cycle for more desirable continuous "feeding" of active biomass. 5. Potentially increase the size of the aeration basin if required to meet the limits set forth in the draft permit for an average daily flow of 8,000 GPD. Enclosed for you review is the following: • Permit review fee of $260.00 - Dewberry & Davis, Inc. check # • Three (3) copies of this letter with attachments Based on our phone conversation on May 2, 2011, an Engineering Alternatives Analysis (EAA) and a permit application are not required and have not been provided. Should you have any questions or comments, please do not hesitate to call me at (919) 424-3751 or email me at mwest@dewberry.com. Sincerely, Dewberry & Davis, Inc. -WCkCG;4) � - k� Matthew B. West, P.E, LEED AP BD+C Project Engineer Enclosures c: Tom O'Dell, CMS Skip Notte, P.E., LEED AP BD+C, Dewberry P:\50046144\Ad m\Correspondence\Letters\2011.07.07.docx If Dewberry NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Chip Irby Mecklenburg County Schools 3301 Stafford Drive Charlotte, North Carolina 28208 Dear Mr. Irby: Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary July 5, 2010 Subject: NPDES PERMIT ISSUANCE Permit Number NCO028711 Berryhill Elementary School WWTP Mecklenburg County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Scardina of my staff at (919) 807-6388. Sincerely, Coleen H. Sullins p ( Director, Division of Water Quality cc: Central Files NPDES Unit Files 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.ncwaterauality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Amorally 1 Permit NCO028711 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Charlotte -Mecklenburg Board of Education is hereby authorized to discharge wastewater from a facility located at the Berryhill Elementary School WWTP 10501 Walkers Ferry Road, west of Dixie Mecklenburg County to receiving waters designated as the Catawba River (Lake Wylie) in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and W hereof. This permit shall become effective August 1, 2010. This permit and authorization to discharge shall expire at midnight on June 30, 2015. Signed this day July 5, 2010. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission �•� \\`� 1(� ran � �y ��� `s �i�\•_/� t�/ �� \ ,.--•-- �� � � a„�\T"i,�' �`�!' .-V I i' � � �fr ��' ♦�.. ` J� ���� 5. L•* 'Y '�\�l�_� ���F� �� if ? � r ' `�� � �f ' `� •/ �` /��'—•i� i f%' ., V !: r�7� �, ! ` ,"'W"''�,'irc.. it \`% :• r / S 'l Disc M1 I \ / � � '✓' �r %, t i� ti ' `\l �' I - It �.\` _Y._,�,1 � t! --\ i,`a t � J �, � 1 1 �__- f- • �L�l� ♦. �4 � .,.-. �'_- 'ram' (��- �. �"� � � ` , � �1 r. j DISCHARGE POINT �(', •�-� i i `., Mecklenburg County Facility Berryhill Elementary School WWTP Location' (not to scale) County: Mecklenburg Stream Class: WS-V & B Receiving Stream: Catawba River (Lake Wylie) Sub -Basin: ' 030834 NORTH NPDES Permit: NC00287ll Latitude: 35012' 41" Grid/Quad: G15NW Longitude: 80' 59' 56" Permit NCO028711 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on August 1, 2010 and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location' Flow 0.006 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 17.0 mg/L 25.5 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1 — October 31) 2.0 mg/L 10.0 mg/L Weekly Grab Effluent NH3 as N 0 (November 1 — March 31) 9.0 mg/L 35.0 mg/L Weekly Grab Effluent Dissolved Oxygen Weekly Grab Effluent, Upstream & Downstream Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 17 µg/L 2/Week Grab Effluent Temperature (°C) Daily Grab Effluent Temperature (°C) Weekly Grab Upstream & Downstream pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Upstream = 100 feet above discharge point; Downstream = 200 feet below discharge point. 2. The daily average dissolved oxygen concentration shall not be less than 5.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. 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 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 Version 712009 NPDES Permit Standard Conditions Page 2 of 18 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 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered = 1. Version 712009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit), The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. 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 Compyl 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. Version 712009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part 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 Version 712009 NPDES Permit Standard Conditions Page 5 of 18 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 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 15013-23]. 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 Version 712009 NPDES Permit Standard Conditions Page 6 of 18 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 122.221 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 712009 NPDES Permit Standard Conditions Page 8 of 18 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. (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 Pernttee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 7/2009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / 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 Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or littp://h2o.enr.state.nc.us/lab/cert.htin) for information regarding laboratory certifications. Version 712009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; 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; Version 712009 NPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Chances 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 122.410)]. 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 alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 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)]. Version 712009 NPDES Permit Standard Conditions Page 12 of 18 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 122.410) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 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. Version 712009 NPDES Permit Standard Conditions Page 13 of 18 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 / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) 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 712009 NPDES Permit Standard Conditions Page 14 of 18 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. 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 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the PO'I`W's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 214.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with PH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may 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, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP, 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 WATT. The Permittee shall report such discharges into the WWTP 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 Version 712009 NPDES Permit Standard Conditions Page 16 of 18 and times, and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (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 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (0 (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (jWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users 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. 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 B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Version 712009 W NPDES Permit Standard Conditions Page 17of18 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. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (0 (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AjQ 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 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(0(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self 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 214.0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(fl(1)(v) and (2)(iii); 40 CFR 122.440) (2)] 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. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(0(5)] 10. Pretreatment Annual Reports (PAR) The Pernittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 M NPDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatmert activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 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 Industrial Users (IUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summaa (]!PS) 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 Summer Forms (IDSQ Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs 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 Industrial Users (IUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35.)..0908()(5) and .0905 and 40 CFR 403.8(0(2)(vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 712009 SOC PRIORITY PROJECT: No To: Western NPDES Unit Surface Water Protection Section Attention: Maureen Scardina Date: February 23, 2010 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NCO028711 PART I - GENERAL INFORMATION Physical Location Facility and address: Berryhill Elementary School % Charlotte -Mecklenburg Schools 3301 Stafford Drive 10501 Windy Grove Road Charlotte, NC 28208 Charlotte, NC 28278 2. Date of investigation: February 19, 2010 3. Report prepared by: Michael L. Parker, Environmental Engineer H 4. Person contacted and telephone number: Richard Rizzo, (704) 361-5251 5. Directions to site: From the jct. of Olde Dowd Road and Walkers Ferry Road in western Mecklenburg County, travel southwest on Walkers Ferry Road = 2.0 miles to the WWTP site. The plant site is on the left (east) side of the road and on the south side of the school grounds. 6. Discharge point(s): Latitude: 350 12' 41" Longitude: 80" 59' 56" USGS Quad No.: G15NW 7. Receiving stream or affected surface waters: Lake Wylie a. Classification: WS-IV, and B b. River Basin and Subbasin No.: Catawba 030834 C. Describe receiving stream features and pertinent downstream uses: The discharge is into a cove of Lake Wylie (Paw Creek arm). This area of the lake receives frequent bodily contact through various water recreational activities. No other downstream dischargers are known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Actual treatment capacity: 0.006 MGD, (Design Capacity) b. Current permitted capacity: 0.006 MGD z Page Two C. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of a bar screen, a flow equalization basin, an aeration basin, dual secondary clarifiers with sludge return, an aerated sludge holding tank, chlorine (tablet) disinfection, and dechlorination. d. Description of proposed WWT facilities: There are no proposed WWT facilities at this time. e. Possible toxic impacts to surface waters: Chlorine is added to the waste stream, however, dechlorination is provided. 2. Compliance Background: This facility has maintained a generally good compliance history with only a few record keeping deficiencies noted in the past few years. A CEI was performed at this facility on November 17, 2009, by MRO and MCWQP staff, and with the exception of a few minor deficiencies, the WWTP was in excellent operational condition. PART III - OTHER PERTINENT INFORMATION Special monitoring or limitations (including toxicity) requests: None at this time. PART IV - EVALUATION AND RECOMMENDATIONS The permittee (Charlotte -Mecklenburg Schools) has requested renewal of the subject permit. There have been no changes to the permit nor the WWTP since the permit was last renewed nor are any proposed during this renewal. At one time there was some discussions between the school system and Charlotte -Mecklenburg Utilities to end sewer service to this area and eliminate the existing discharge. At the present time, there are no plans to serve this area with sewer, therefore, continued operation of the WWTP will be necessary. Pending a final review by the NPDES Unit, it is recommended the permit be renewed as requested. Signature of Report Preparer Date/ A?`C A �� Water Quality nal Supervisor ate h:\dsr\dsr 10\b erryhiH. doc AIiA L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 16, 2010 CHIP IRBY DIRECTOR OF MAINTENANCE CHARLOTTE-MECKLENBURG SCHOOLS 3301 STAFFORD DRIVE CHARLOTTE NC 28208 F E B 17 2010 Subject: Receipt of permit renewal application NPDES Permit NCO028711 Berryhill Elementary School WWTP Mecklenburg County Dear Mr. Irby: The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on February 15, 2010; however, on initial review it was noted that the required Sludge Management Plan was not included in the paperwork submitted. Please submit to this unit a narrative description of your Sludge Management Plan. 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. For your convenience, we can accept a faxed copy at (919) 807-6495 or you can mail it attention to me at the mail service center address listed below. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required. If you have any additional questions concerning renewal of the subject permit, please contact Maureen Scardina at (919) 807-6388. Sincerely, �trl Dina Sprinkle Point Source Branch cc: CENTRAL FILES ce/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 276a4 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 North Carolina Internet: www.ncwaterquality.org Naturally An Equal Opportunity', Affirmative Action Employer � �/ L `[ a Charlotte -Mecklenburg Schools February 12, 2010 Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mrs. Sprinkle, Building Services 3301 Stafford Drive Charlotte, North Carolina 28208 Please find attached Charlotte -Mecklenburg Schools Permit renewal #NC0028711 for Berryhill Elementary School WWTP, Mecklenburg County, with attachments. If you have any questions, please contact Mr. Richard Rizzo at 704-361-5251. Thank you. Sincerely, Chip Irby, Director of Maintenance Charlotte -Mecklenburg Schools Attachments: Treatment System description Effluent Data Effluent Limitations and Monitoring Requirements Facility Location Map H: NCDENR renewal application for Berryhill ES Permit Phone: 980-343-6050 0 Fax: 980-343-5200 0 www.cros.k12.nc.us ® CMS -TV Cable 3 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address 2. Location of facility producing discharge: ���� �0� Check here if same address as above f{(� h �� Street Address or State Road` City State / Zip Code ? Q Z ji County , 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number q4t)) 3� 3— off 0 Fax Number 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow C004 MGD i Annual Average daily flow • Qi MGD (for the previous 3 years) Maximum daily flow I BO MGD (for the previous 3 years) 11. Is this facility located on I dian country? ❑ Yes No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, 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) Fecal Coliform Total Suspended Solids Temperature (Summer) Temperature (Winter) pH 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number 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. Printed'naihe of Per�son Signing 'ntle 010 , Signature o Applic t ate North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08 Permit NC0028711 "r • 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, anypreviously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Charlotte -Mecklenburg Schools are hereby authorized to: 1. Continue to operate an existing 0.006 MGD extended aeration wastewater treatment system with the following components: ♦ Bar screen ♦ Flow equalization basin ♦ Aeration basin ♦ Dual secondary clarifiers ♦ Sludge return ♦ Sludge holding tank ♦ Disinfection unit The facility is located west of Dixie at Berryhill Elementary School off Walkers Ferry Road in Mecklenburg County. 2. Discharge from said treatment works at the location specified on the attached map into the Catawba River (Lake Wylie), classified WS-V and B waters in the Catawba River Basin. Permit NCO02871 I 112 % A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on August 1, 2005 and lasting until expiration, the Permittee is authorized to discharge from outfall. 001. Such discharges shall be limited and monitored by the Permittee as specified below: Mr's 01 �Wpw?" 3' I N, E Ri E. JT�' .11 H-1 101 OW. Flow 0.006 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 17.0 mg/L 25.5 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1 - October 31) 2.0 mg/L 10.0 mg/L Weekly Grab Effluent - - NH3 as N (November 1- March 31) 9.0 mg/L 35.0 mg/L Weekly Grab Effluent Dissolved Oxygen2 Weekly Grab Effluent, Upstream & Downstream Fecal Coliform (geometric mean) 200/100 ml 400/100 rn I Weekly Grab Effluent Total Residual Chlorine3 17 pg/L 2/Week Grab Effluent Temperature (2C) Daily Grab Effluent Temperature (9C) Weekly Grab Upstream & Downstream pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Upstream = 100 feet above discharge point; Downstream = 200 feet below discharge point. 2. The daily average dissolved oxygen concentration shall not be less than 5.0 mg/L. 3. This limit will become effective February 1, 2007. Until then, the Permittee shall monitor TRC [with no effluent limit]. There shall be no discharge of floating solids or visible foam in other than trace amounts To: Michael Parker Date: 3/28/14 RE: A to C application — Berryhill Elementary School Michael, RECM%'IED DIVISION OF VC TER QUALITY APR 3 2014 i o iV .._LC M,'-6i0NiAL OFFICE I attached a copy of the A to C application, cover letter, and summary with acknowledgement email. I am not requesting a staff report. Please advise if there are any issues. Thanks, Ron G ATC SUMMARY Date ATC received: 3/28/14 Name of facility: Berryhill Elementary School NPDES#:NC0028711 *Permittee: Tom O'Dell, Deputy Program Director— Building Services Phone: (980) 343-4898 (Signature on ATC) *Email: tom.odell@cros.kl2.nc.us Consultant: Dewberry Engineers Inc. *Consultant contact: Matthew B. West, P.E. Phone: (919) 424-3770 *Email: mwest@dewberry.com *Date acknowledgement email sent: 3/28/14 Date ATC# obtained from BIMS: 3/28/14 ATC#: 028711A03 Notes: Mr. O'Dell, The Division received your Authorization to Construct Application package on March 28, 2014 for expansion of the Berryhill Elementary School treatment facility. A preliminary review of the application package was conducted and some items were not complete on the application form. I am requesting that the consultant provide the missing details for Section C - 2,4,5 of the application (pages 9 and 10) , specifically the aerobic tank , the chlorination tablet system, the dechlorination tablet system, and the aerobic digestion. The corrected pages 9 and 10 can be attached to an email to my attention and I will replace the pages in the application. The CD copy does not need to be replaced. Upon receipt of the missing pages we will move forward with your application. If there are any questions you can contact Ron Berry. Sincerely, Ron Berry Environmental Engineer I Complex Permitting Unit NCDENR/DWR/Water Quality Permitting Section Phone: (919) 807 - 6396 Email: ron.berrv@ncdenr.gov Fax: (919) 807 - 6489 Location Address - Archdale Building, Office 925Y 512 N. Salibury St. Raleigh, NC 27699 Mailing Address - Archdale Building, NCDENR/DWR 1617 Mail Service Center Raleigh, NC 27669-1617 Dewberry - Dewberry Engineers Inc. 6135 Lakeview Road, Suite 150 Charlotte, NC 28269-2618 704.509.9918 704.509.9937 fax www.dewberry.com March 28, 2014 NC DENR Division of Water Resources/NPDES 1617 Mail Service Center 'r< C Raleigh, N.0 27699-1617 Attention: Ron Berry, P.E. Reference: Request for Authorization to Construct Charlotte Mecklenburg Schools - Berryhill Elementary School WWTP Dewberry Project # 50o64927 Dear Mr. Berry: Dewberry Engineers Inc. (Dewberry) is pleased to submit this Authorization to Construct (ATC) request for the following proposed project at the existing wastewater treatment plant (WWTP) located at the Berryhill Elementary School in Charlotte, NC. Charlotte Mecklenburg Schools currently operates a .006 MGD wastewater treatment plant under NDPES Permit # NCo028711. The purpose of the project is to modify the existing plant and install a new septic sludge holding tank to increase treatment capacity to 0.008 MGD. A modified NPDES permit to reflect this capacity expansion has been approved by NCDENR and is included with this application package. An Authorization to Construct was previously issued for this project (A to C No. 028711Ao2). However, the design has since been modified such that the existing A to C does not accurately reflect the proposed work. We request that the existing A to C be cancelled as part of this application review. Charlotte Mecklenburg Schools plans to begin construction in May of 2014. As part of this ATC request we are submitting one (1) original and one (1) digital copy of the following items for review: • Authorization to Construct application form, • Signed and sealed plans, • Signed and sealed technical specifications, • Signed and sealed calculations, and • The NPDES permit current held by the facility. Should you have any questions or comments concerning this submittal, please do not hesitate to call me at (919) 424-3770 or email me at mwest@dewberry.com. Sincerely, Dewberry Engineers Inc. Raw - Matthew B. West, P.E, LEED AP BD+C Project Manager Cc: Tom O'Dell, CMS Skip Notte, P.E., LEED AP BD+C, Dewberry P:\5oo64927\Adm\Permits\Authorization to Construct\2014.03.25 ATC Cover 1.etter.docx State of North Carolina %nhCa-alma Division of Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) SECTION 1: INSTRUCTIONS AND INFORMATION A. The Division of Water Resources will accept this application package for review only if all of the items are provided and the application is complete. Failure to submit all of the required items will result in the application package being returned as incomplete per 15A NCAC 02T .0105(b). B. Plans and specifications must be prepared in accordance with 15 NCAC 02H. 0100, 15A NCAC 02T. North Carolina General Statute 133-3. North Carolina General Statute 143-215.1. and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities. C. The plans and specifications submitted must represent a completed final design that is ready to advertise forbid. D. Any content changes made to this Form ATC-12-13 shall result in the application package being returned. E. The Applicant shall submit ONE ORIGINAL and ONE DIGITAL COPY (CD) of the application, all supporting documentation and attachments. All information must be submitted bound or in a 3-ring binder, with a Section tab for each Section, except the Engineering Plans. F. Check the boxes below to indicate that the information is provided and the requirements are met. G. If attachments are necessary for clarity or due to space limitations, such attachments are considered part of the application package and must be numbered to correspond to the item referenced. H. For any project that requires review under the State Environmental Policy Act (SEPA), an Authorization to Construct cannot be issued prior to the completion of a State Clearinghouse advertisement period for a FONSI, EIS, etc. unless the project qualifies for a Determination of Minor Construction Activity. I. For more information, visit the Division of Water Resources web site at: http://portal.ncdenr.org/web/wg/swp/ps/npdes. J. In addition to this Authorization to Construct, the Applicant should be aware that other permits may be required from other Sections of the Division of Water Resources (for example: reclaimed water facilities permits; Class A or B biosolids residuals permit). SECTION 2: APPLICANT INFORMATION AND PROJECT DESCRIPTION A. APPLICANT Applicant's name Charlotte Mecklenburg Schools Signature authority's name per 15A NCAC 02T .0106(b) Tom O'Dell Signature authority's title Deputy Program Director —Building Services Complete mailing address 3301 Stafford Drive, Charlotte NC 28208 Telephone number 980-343-4898 Email address tom.odell@cros.kl2.nc.us B. PROFESSIONAL ENGINEER Professional Engineer's name Matthew B. West Professional Engineer's title Project Manager North Carolina Professional Engineer's License No. 034991 Firm name Dewberry Engineers Inc. Firm License number F-0929 Complete mailing address 2301 Rexwoods Drive, Raleigh NC 27607 Telephone number 919-424-3770 Application for Authorization to Construct Permit (FORM ATC-12-13) Page 1 Varth Ca-dina Division of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) Email address mwest@dewberry.com C. NPDES PERMIT NPDES Permit number NCO028711 Current Permitted flow (MGD) — include permit flow phases if applicable 0.008 D. PROJECT DESCRIPTION Provide a brief description of the project: The project titled "Berrvhill Elementary School WWTP Expansion" involves increasin the treatment capacity of an existing wastewater treatment plant from 6,000 gallons per day (Rod) to 8.000 Rod. The oroiect includes the modification of the existing equalization basin/aeration basin configuration to increase the aerated treatment volume and installation of a new 4,000 gallon septic tank for solids storage and emergency equalization storage. A NPDES Permit modification to reflect increased treatment capacity and increase permitted flow rate to 8,000 gallons per day was approved and issued for the facility April 11, 2012 pending issue of Authorization to Construct. SECTION 3: APPLICATION ITEMS REQUIRED FOR SUBMITTAL FOR ALL PROJECTS A. Cover Letter ® The letter must include a request for the Authorization to Construct; the facility NPDES Number; a brief project description that indicates whether the project is a new facility, facility modification, treatment process modification, or facility expansion; the construction timeline; and a list of all items and attachments included in the application package. ® If any of the requirements of 15 NCAC 02H. 0100 15A NCAC 02T, North Carolina General Statute 133-3. North Carolina General Statute 143-215.1. and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities are not met by the proposed design, the letter must include an itemized list of the requirements that are not met. B. NPDES Permit ® Submit Part I of the Final NPDES permit for this facility that includes Part A (Effluent Limitations and Monitoring Requirements) for the monthly average flow limit that corresponds to the work that is requested for this project. C. Special Order by Consent ❑ If the facility is subject to any Special Orders by Consent (SOC), submit the applicable SOC. ® Not Applicable. D. Finding of No Significant Impact or Record of Decision ❑ Submit a copy of the Finding of No Significant Impactor Record of Decision for this project. ❑ Provide a brief description of any of the mitigating factors or activities included in the approved Environmental Document that impact any aspect of design of this project, if not specified in the Finding of No Significant Impact or Record of Decision. ® Not Applicable. E. Engineering Plans ® Per 15A NCAC 02T .0504(c)(1). submit two sets of detailed plans that have been signed, sealed and dated by a North Carolina Licensed Professional Engineer. Application for Authorization to Construct Permit (FORM ATC-12-13) Page 2 State of North Carolina *nh Ca diva Division of Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) ® Per 21 NCAC 56.1103(a)(6), the name, address and License number of the Licensee's firm shall be included on each sheet of the engineering drawings. ® Plans must be labeled as follows: FINAL DRAWING — FOR REVIEW PURPOSES ONLY — NOT RELEASED FOR CONSTRUCTION. ® 15A NCAC 02H .0124 requires multiple (dual at a minimum) components such as pumps, chemical feed systems, aeration equipment and disinfection equipment. Is this requirement met by the design? ❑ Yes or ® No. If no, provide an explanation: Multiple pumps located at the septic sludge tanks. In the event this pump fails, a contract waste hauler will pump out the entire contents of the tank for final off -site disposal and no decant will be returned to the head of the plant. This will not adversely affect the performance of the wastewater treatment plant. Plans shall include: ® Plans for all applicable disciplines needed for bidding and construction of the proposed project (check as appropriate): ® Civil ❑ Not Applicable ❑ Process Mechanical ® Not Applicable ❑ Structural ® Not Applicable ® Electrical ❑ Not Applicable ❑ Instrumentation/Controls ® Not Applicable ❑ Architectural ® Not Applicable ❑ Building Mechanical ® Not Applicable ❑ Building Plumbing ® Not Applicable ® Plan and profile views and associated details of all modified treatment units including piping, valves, and equipment (pumps, blowers, mixers, diffusers, etc.) ® Are any modifications proposed that impact the hydraulic profile of the treatment facility? ® Yes or ❑ No. If yes, provide a hydraulic profile drawing on one sheet that includes all impacted upstream and downstream units. The profile shall include the top of wall elevations of each impacted treatment unit and the water surface elevations within each impacted treatment unit for two flow conditions: (1) the NPDES permitted flow with all trains in service and (2) the peak hourly flow with one treatment train removed from service. ® Are any modifications proposed that impact the process flow diagram or process flow schematic of the treatment facility? ® Yes or ❑ No. If yes, provide the process flow diagram or process flow schematic showing all modified flow paths including aeration, recycle/return, wasting, and chemical feed, with the location of all monitoring and control instruments noted. F. ® Engineering Specifications ® Per 15A NCAC 02T .OSO4(c)(2), submit two sets of specifications that have been signed, sealed and dated by a North Carolina Licensed Professional Engineer. ® Specifications must be labeled as follows: FINAL SPECIFICATIONS — FOR REVIEW PURPOSES ONLY — NOT RELEASED FOR CONSTRUCTION. Specifications shall include: ® Specifications for all applicable disciplines needed for bidding and construction of the proposed project (check as appropriate): ® Civil ❑ Not Applicable ® Process Mechanical ❑ Not Applicable ® Structural ❑ Not Applicable ® Electrical ❑ Not Applicable Application for Authorization to Construct Permit (FORM ATC-12-13) Page 3 VathCadina Division of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) ❑ Instrumentation/Controls N Not Applicable ❑ Architectural N Not Applicable ❑ Building Mechanical N Not Applicable ❑ Building Plumbing N Not Applicable N Detailed specifications for all treatment units and processes including piping, valves, equipment (pumps, blowers, mixers, diffusers, etc.), and instrumentation. N Means of ensuring quality and integrity of the finished product including leakage testing requirements for structures and pipelines, and performance testing requirements for equipment. N Bid Form for publically bid projects. G. Construction Sequence Plan ® Construction Sequence Plan such that construction activities will not result in overflows or bypasses to waters of the State. The Plan must not imply that the Contractor is responsible for operation of treatment facilities. List the location of the Construction Sequence Plan as in the Engineering Plans or in the Engineering Specifications or in both: A project schedule is included in Specification Section 00 3113. Construction Phasing is provided in Specification Section 13 30 00. H. Engineering Calculations ® Per 15A NCAC 02T .0504(c)(3). submit two sets of engineering calculations that have been signed, sealed and dated by a North Carolina Licensed Professional Engineer; the seal, signature and date shall be placed on the cover sheet of the calculations. For new or expanding facilities and for treatment process modifications that are included in Section 4.C, the calculations shall include at a minimum: N Demonstration of how peak hour design flow was determined with a justification of the selected peaking factor. N Influent pollutant loading demonstrating how the design influent characteristics in Section 4.13.2 of this form were determined. N Pollutant loading for each treatment unit demonstrating how the design effluent concentrations in Section 4.B.2 of this form were determined. N Hydraulic loading for each treatment unit. N Sizing criteria for each treatment unit and associated equipment (blowers, mixers, pumps, etc.) N Total dynamic head (TDH) calculations and system curve analysis for each pump specified that is included in Section 4.C.6. N Buoyancy calculations for all below grade structures. ❑ Supporting documentation that the specified auxiliary power source is capable of powering all essential treatment units. I. Permits N Provide the following information for each permit and/or certification required for this project: Permit/Certification Not Applicable Date Submitted Date Approved Permit/ Certification Number If Not Issued Provide Status and Expected Issuance Date Dam Safety X Soil Erosion and Sediment Control X USCOE / Section 404 Permit X Application for Authorization to Construct Permit (FORM ATC-12-13) Page 4 J. vorthLadina State of North Carolina �ivision of Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) Water Quality Certification (401) X USCOE / Section 10 X Stormwater Management Plan X CAMA X NCDOT Encroachment Agreement X Railroad Encroachment Agreement X Other: Residuals Management Plan M For all new facilities, expanding facilities, or modifications that result in a change to sludge production and/or sludge processes, provide a Residuals Management Plan meeting the requirements of 15A NCAC 02T .0504(I) and .0508; the Plan must include: ® A detailed explanation as to how the generated residuals (including trash, sediment and grit) will be collected, handled, processed, stored, treated, and disposed. ® An evaluation of the treatment facility's residuals storage requirements based upon the maximum anticipated residuals production rate and ability to remove residuals. ® A permit for residuals utilization or a written commitment to the Applicant from a Permittee of a Department approved residuals disposal/utilization program that has adequate permitted capacity to accept the residuals or has submitted a residuals/utilization program application. ® If oil, grease, grit or screenings removal and collection is a designated unit process, a detailed explanation as to how the oil/grease will be collected, handled, processed, stored and disposed. ❑ Not Applicable, SECTION 4: PROJECT INFORMATION Application for Authorization to Construct Permit (FORM ATC-12-13) Page 5 4ethCadna Division d Water Resources State of Borth Carolina Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) A. WASTEWATER TREATMENT PLANT FLOW INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES 1. Provide the following flow information: Plant Flows Existing Plant Design .006 MGD Current NPDES Permit Limit .008 MGD Current Annual Average (past 12 months) For Past 12 Months: Start Date: 02/2013 End Date: 02/2014 005 MGD For Past 24 Months: Start Date: month/yr End Date: month/yr Maximum Month .005 MGD MGD Maximum Day .006 MGD MGD Peak Hour .014 MGD MGD Application for Authorization to Construct Permit (FORM ATC-12-13) Page 6 State of North Carolina %nh ca-dinaDivision of Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) B. WASTEWATER TREATMENT FACILITY DESIGN INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES AND FOR TREATMENT PROCESS MODIFICATIONS 1. Have all of the requirements of 15 NCAC 02H. 0100, 15A NCAC 02T. North Carolina General Statute 133-3, North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities been met by the proposed design and specifications? ® Yes or ❑ No. if no, provide justification as to why the requirements are not met, consistent with 15A NCAC 02T .0105(n): 2. Provide the design influent and effluent characteristics that are used as the basis for the project design, and the NPDES permit limits for the following parameters: Project Basis of Design Design Influent Design Influent Influent Concentration Load Concentration - (Must be (Must be Current Annual supported by supported by Design Effluent Average (past Engineering Engineering Concentration and/or NPDES Permit Limits 12 months) if Calculations Calculations Load (monthly average) Parameter Available [Section 3.H]) [Section 3.H]) Ammonia Nitrogen mg/L Summer 2 mg/L Summer (NH3-N) 23 mg/L 23 mg/L 1.5 lb/day mg/L Winter 6.8 mg/L Winter Biochemical mg/L Summer mg/L Summer Oxygen Demand 500 mg/L 500 mg/L 33 lb/day (BODS) mg/L Winter 12.8 mg/L Winter Fecal Coliform per 100 mL 200 per 100 mL Nitrate + Nitrite Nitrogen (NO3-N + mg/L mg/L NO2-N) Total Kjeldahl 64 mg/L Nitrogen mg/L mg/L Total Nitrogen lb/year lb/year mg/L mg/L Total Phosphorus mg/L mg/L lb/day lb/year lb/year Total Suspended 332 mg/L 332 mg/L 22.15 day mg/L 30 mg/L Solids (TSS) 3. Based on the "Project Basis of Design" parameters listed above, will the proposed design allow the treatment facility to meet the NPDES Permit Limits listed above? ® Yes or ❑ No. if no, describe how and why the Permit Limits will not be met: 4. Per 15A NCAC 02T .0505(il, by-pass and overflow lines are prohibited. Is this condition met by the design? ® Yes or ❑ No If no, describe the treatment units bypassed, why this is necessary, and where the bypass discharges: Application for Authorization to Construct Permit (FORM ATC-12-13) Page 7 State of North Carolina %nh Ca-dina Division of Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) 5. Per 15A NCAC 02T .0505(k), multiple pumps shall be provided wherever pumps are used. Is this condition met by the design? ❑ Yes or ® No. If no, provide an explanation: A single pump will be provided to transfer decant from the septic sludge holding tank to the head of the plant. In the event the pump fails the contract waste hauler can remove all waste sludge without decanting. 6. Per 15A NCAC 02T .050501 power reliability shall be provided consisting of automatically activated standby power supply onsite capable of powering all essential treatment units under design conditions, or dual power supply shall be provided per 15A NCAC 02H. 0124(2)(a). Is this condition met by the design? ❑ Yes or ® No. If no, provide (as an attachment to this Application) written approval from the Director that the facility: ➢ Has a private water supply that automatically shuts off during power failures and does not contain elevated water storage tanks, and ➢ Has sufficient storage capacity that no potential for overflow exists, and ➢ Can tolerate septic wastewater due to prolonged detention. 7. Per 15A NCAC 02T .0505(o), a minimum of 30 days of residual storage shall be provided. Is this condition met by the design? ❑ Yes or ® No. If no, explain the alternative design criteria proposed for this project in accordance 15A NCAC 02T .105(n): A contracted waste hauler will remove residual solids from the septic sludge holding tank on an as -needed basis for off -site treatment/disposal. 8. Per 15A NCAC 02T .0505(g). the public shall be prohibited from access to the wastewater treatment facilities. Explain how the design complies with this requirement: A security fence around the facility will prevent public access to the wastewater treatment facility. 9. Is the treatment facility located within the 100-year flood plain? ❑ Yes or ® No. If yes, describe how the facility is protected from the 100-year flood: C. WASTEWATER TREATMENT UNIT AND MECHANICAL EQUIPMENT INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES AND FOR MODIFIED TREATMENT UNITS 1. PRELIMINARY AND PRIMARY TREATMENT (i.e., physical removal operations and flow equalization): Treatment Unit No. of Type Size per Unit Plan Sheet Specification Calculations Provided? Units Reference Reference (Yes or No) Manual Bar Screen MGD at peak hourly flow Mechanical Bar Screen MGD at peak hourly flow Grit Removal MGD at peak hourly flow Flow Equalization " gallons Primary Clarifier Circular ft diameter; ft sidewater depth Primary Clarifier Rectangular square feet; ft side water depth Other Application for Authorization to Construct Permit (FORM ATC-12-13) Page 8 State of North Carolina *rthCa-dins Uvision of Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) 2. SECONDARY TREATMENT (BIOLOGICAL REACTORS AND CLARIFIERS) (i.e., biological and chemical processes to remove organics and nutrients) No. of Plan Sheet Specification Calculations Treatment Unit Units Type Size per Unit Reference Reference provided? (Yes or No) Aerobic Zones/ Tanks gallons Anoxic Zones/ Tanks gallons Anaerobic Zones/Tanks gallons Sequencing Batch Reactor (SBR) gallons Membrane Bioreactor (MBR) gallons Secondary Clarifier Circular ft diameter; ft sidewater depth Secondary Clarifier Rectangular square feet; ft sidewater depth Other 3. TERTIARY TREATMENT No. of Plan Sheet Specification Calculations Treatment Unit Units Type Size per Unit Reference Reference Provided? (Yes or No) Tertiary Clarifier Circular ft diameter; ft sidewater depth Tertiary Clarifier Rectangular square feet; ft sidewater depth Tertiary Filter square feet Tertiary Membrane Filtration square feet Post -Treatment Flow Equalization gallons Post -Aeration gallons Other 4. DISINFECTION Calculations Treatment Unit No. of Type Size per Unit Plan Sheet Specification Provided? Units Reference Reference (Yes or No) gal/day per bank at peak Ultraviolet Light Chlorination (Parallel; in series) hourly flow; number of banks; number of lamps/bank (Gas; tablet; liquid) gallons of contact tank/unit Dechlorination (Gas; tablet; liquid) gallons of contact tank/unit Application for Authorization to Construct Permit (FORM ATC-12-13) Page 9 State of North Carolina 1brth Ca difia Division o' Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) S. RESIDUALS TREATMENT No. of Plan Sheet Specification Calculations Treatment Unit UnitsFTY pe Size per Unit Reference Reference Provided? (Yes or No) Gravity Thickening square feet; ft side Tank water depth Mechanical Thickening/ dry lb/hour Dewatering gallons Aerobic Digestion Anaerobic Digestion gallons Composting dry lb/hour Drying dry lb/hour Other 1 Septic Sludge 4,000 gallons C2 03 42 00 Yes Holding Tank 6. PUMP SYSTEMS (include influent, intermediate, effluent, major recycles, waste sludge, thickened waste sludge and plant drain pumps) Location No. of Pumps purpose Type Capacity of each pump Plan Sheet Reference Specification Reference GPM TDH Sludge Holding Tank 1 Supernatant return to head of plant Submersible grinder 50 10, C2 13 30 00 7. MIXERS Location No. of Mixers purpose Type Power of each Mixer plan Sheet Reference Specification Reference Application for Authorization to Construct Permit (FORM ATC-12-13) Page 10 vorciiEadma Division o State of North Carolina Water Resources Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) 8. BLOWERS Location No. of Blowers Purpose Type Capacity of each Blower lo Plan Sheet Reference Specification Reference 9. ODOR CONTROL Location No. of Units purpose Type Plan Sheet Reference Specification Reference D. SETBACKS —COMPLETE FOR NEW WASTEWATER TREATMENT STRUCTURES 1. The minimum distance for each setback parameter to the wastewater treatment/storage units per 15A NCAC 02T .0506(b) are as follows: Minimum Distance Is Minimum Distance Required from Nearest Requirement met by the Setback Parameter Treatment/Storage Design? If "No", identify Unit Setback Waivers in Item D.2 Below Any habitable residence or place of assembly under separate 100 ft ® Yes ❑ No ownership or not to be maintained as part of the project site Any private or public water supply source 100 ft ® Yes ❑ No Surface waters (streams — intermittent and perennial, perennial 50 ft ® Yes ❑ No waterbodies, and wetlands) Any well with exception of monitoring wells 100 ft ® Yes ❑ No Any property line 50 ft ® Yes ❑ No 2. Have any setback waivers been obtained per 15A NCAC 02T .0506(d)? ❑ Yes or ® No. If yes, have these waivers been written, notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No. If no, provide an explanation: Application for Authorization to Construct Permit (FORM ATC-12-13) Page 11 oath Ca•dina Division of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) SECTION 5: APPLICATION CERTIFICATION BY PROFESSIONAL ENGINEER Professional Engineer's Certification per 15A NCAC 02T .0105: I, Matthew B. West. P.E. , attest that this application package for an Authorization to Construct (Typed Name of Professional Engineer) for the Berryhill Elementary School Wastewater Treatment Plant Emansion (Facility and Project Name) was prepared under my direct supervisory control and to the best of my knowledge is accurate, complete and consistent with the information supplied in the engineering plans, specifications, calculations, and all other supporting documentation for this project. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with all applicable regulations and statutes, 15 NCAC 02H. 0100, 15A NCAC 02T, North Carolina General Statute 133-3, North Carolina General Statute 143-215.1 and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment Facilities, and this Authorization to Construct Permit Application, except as provided for and explained in Section 4.6.1 of this Application. I understand that the Division of Water Resources' issuance of the Authorization to Construct Permit may be based solely upon this Certification and that the Division may waive the technical review of the plans, specifications, calculations and other supporting documentation provided in this application package. I further understand that the application package may be subject to a future audit by the Division. Although certain portions of this submittal package may have been prepared, signed and sealed by other professionals licensed in North Carolina, inclusion of these materials under my signature and seal signifies that I have reviewed the materials and have determined that the materials are consistent with the project design. I understand that in accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Professional Engineer's seal with written signature placed over or adjacent to the seal and dated: ZH1C�RoJ��i ��pQ`:OFESSj��'i� q4 9 1 Application for Authorization to Construct Permit (FORM ATC-12-13) Page 12 State of North Carolina VorthCxdina Division of Water Resources - - Department of Environment and Natural Resources Division of Water Resources APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-13) SECTION 6: APPLICATION CERTIFICATION BY APPLICANT Applicant's Certification per 15A NCAC 02T .0106(b): I, Tom O'Dell, attest that this application package for an Authorization to Construct (Typed Name of Signature Authority and Title) for the Berrvhill Elementary School Wastewater Treatment Plant Expansion (Facility and Project Name) has been reviewed by me and is accurate and complete to the best of my knowledge. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that in accordance with 15A NCAC 02T .0120(b), the Applicant or any affiliate has not been convicted of environmental crimes, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been abandoned or exhausted, are compliant with any active compliance schedule, and does not have any overdue annual fees. I understand that the Division of Water Resources' issuance of the Authorization to Construct Permit may be based solely upon acceptance of the Licensed Professional Engineer's Certification contained in Section 5, and that the Division may waive the technical review of the plans, specifications, calculations and other supporting documentation provided in this application package. I further understand that the application package may be subject to a future audit. I understand that in accordance with General Statutes 143-215.6A and 143-215.6E any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed/$$110,000, as well as civil penalties up to $25,000 p r violation. Signature: � ", (fWA Date: � �5 // � THE COMPLETED APPLICATION AND SUPPORTING INFORMATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES/NPDES J♦ By U.S. Postal Service By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N. SALISBURY STREET, 9TH FLOOR RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 807-6396 Application for Authorization to Construct Permit (FORM ATC-12-13) Page 13 Or AQ:= NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Tom O'Dell Charlotte Mecklenburg Schools 3301 Stafford Drive Charlotte, North Carolina 28208 Dear Mr. O'Dell: Division of Water Quality Charles Wakild, P.E. Director April 19, 2012 SUBJECT: Authorization to Construct A to C No. 02871IA02 Dee Freeman Secretary DIVISION RECEIVED WATER QUALITY APR 2 3 2012 Si; fay S`CTIO MOORESV;LLI_ RE N GIONAL OFFICE Mecklenburg County Schools Berryhill Elementary School WWTP Expansion of Berryhill Elementary School WWTP A letter of request for an Authorization to Construct was received March 16, 2012, by the Division of Water Quality (Division), and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing 0.006 MGD Berryhill Elementary School Wastewater Treatment Plant, with discharge of treated wastewater into the Catawba River (Lake Wylie) in the Catawba River Basin. This authorization results in an increase in design and permitted capacity to 0.008 MGD, and is awarded for the construction of the following specific modifications: Modification of the existing package WWTP, to include expansion of the aeration basin to 11,700 gallons by converting the existing 3,300-gallon sludge holding basin to an aeration basin, the addition of two 4,000 gallon septic tank for sludge holding basins, a new UV disinfection system, a new backup tablet chlorination and tablet dechlorination systems, and associated yard piping, electrical work and control systems, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO028711 issued April 11, 2012, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NCO028711. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 91 M07-63001 FAX: 919-807-6492 Internet: www.ncwaterauaIV.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina, Naturall,ff Mr. Tom O'Dell Charlotte Mecklenburg Schools April 19, 2012 Page 2 The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number (704) 663-1699, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to: Infrastructure Finance Section, DWQ/DENR, 1633 Mail Service Center, Raleigh, NC 27699-1633. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. PV Mr. Tom O'Dell Charlotte Mecklenburg Schools April 19, 2012 Page 3 You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act.. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Seth Robertson, P.E. at telephone number (919) 707-9175. Sincerely, C& Charles Wakil , P.E. 671"'-f kp: sr cc: Matthew B. West, P.E., Dewberry & Davis, Inc., 2301 Rexwoods Drive, Suite 200, Raleigh, NC 27607 Mecklenburg County Health Department DWQ, Technical Assistance and mortification Unit DWQ, Point Source Branch, NPDES Program Ken Pohlig, P.E. ATC File Charlotte Mecklenburg Schools Expansion of Berryhill Elementary School WWTP A To C No. 028711A02 Issued April 19, 2012 Engineer's Certification 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Berryhill Elementary School WWTP, located on 10501 Windy Grove Road in Mecklenburg County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Modification of the existing package WWTP, to include expansion of the aeration basin to 11,700 gallons by converting the existing 3,300-gallon sludge holding basin to an aeration basin, the addition of two 4,000 gallon septic tank for sludge holding basins, a new UV disinfection system, a new backup tablet chlorination and tablet dechlorination systems, and associated yard piping, electrical work and control systems, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. We understand that the new limits associated with the modifications to expand to 0.008 MGD now apply. Signature Date Mail this Certification to Registration Attn: Ken Pohlig, P.E. Infrastructure Finance Section DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 Dewberry April 17, 2012 Mr. Ken Pohlig, P.E. NC Division of Water Quality Infrastructure Finance Section 1633 Mail Service Center Raleigh, NC 27699-1633 DIVISION RECEIVED OF WATER QUALITY APR-1 9 2012 ON MOORESSVVP VILLE REGIONAL OFFICE Reference: Charlotte Mecklenburg Schools Berryhill Elementary School Wastewater Treatment Plant Authorization to Construct No. 028711A02 Response to Comments Dewberry Project # 50046144 Dear Mr. Pohlig: Dewberry & Davis, Inc. 6135 Lakeview Road, Suite 150 Charlotte, NC 28269-2618 7 04.509.9918 704.509.9937 fax www.dewberry.com Dewberry & Davis, Inc. (Dewberry) has received and reviewed you comments dated April 5, 2012 related to the above referenced project. Responses to these comments are provided below. Please note that the dual sludge holding tanks each have a capacity of 4,000 gallons, not 3,500 gallons. (1) Sheets C2 and C4 (a) It is not clear why there is a proposed (2-inch) pipe from the EQ pump (inside equalization holding basin) to the proposed dual 3,500 gallon sludge holding tanks. What is this to be used for? Response: The 2-inch pipe from the EQ pump discharge to the dual 4,000 gallons sludge holding tanks is proposed for operational flexibility in the event of an emergency. An emergency would be defined a toilet valve hanging open within the school or a similar event. If the EQ tank were to begin to reach the overflow pipe, wastewater in the EQ tank could be temporarily diverted to the sludge holding tanks if sufficient capacity exists. The sludge supernatant pumps would be used to pump the wastewater back to the EQ tank or the dual 4,000 gallon sludge holding tanks would be pumped and the contents disposed of at a POTW. (b) At the top of the sheet, a note states that there will remain an existing 6-inch overflow pipe from the EQ basin to the expanded aeration basin, and to see a detail on Sheet C4. However, there is no detail on Sheet C4 about this. Response: The note on sheet C2 referencing a detail on sheet C4 should be removed. This note is also on sheet C3 and should be removed from this sheet as well. The existing 6-inch overflow pipe will not be impacted by the addition of the window to the wall between the EQ basin and the existing sludge holding basin/expanded aeration basin. Mr. Ken Pohlig, P.E. Berryhill Elementary School WWTP April 17, 2012 Page 2 of 4 (2) Regarding the proposed dual 3,500 gallon sludge holding septic tanks: (a) It appears that the two 3,500 gallon sludge holding septic tanks do not have diffused air provided to them. Please discuss if air is needed to eliminate septic conditions in the sludge. Response: The dual 4,000 sludge holding tanks do not have diffused air provided to them. It is anticipated that the dual 4,000 sludge holding tanks will operate in an anaerobic/septic manner. Due to the relatively small amounts of sludge supernatant that will be returned to the EQ basin, adequate amounts of diffused air are present in the EQ basin to reaerate the sludge supernatant and maintain aerobic conditions in the EQ basin. (b) We wonder if there may be value in having a deeper septic tank (more than about 5-foot working depth) to allow more settling of sludge at the bottom. 5-feet appears somewhat shallow. Response: The intent is for the wasted sludge to separate and settle within the dual 4,000 gallon sludge holding tanks. Compactive settling and sludge thickening of the wasted sludge is not intended or proposed. Additionally, the additional costs associated with a deeper sludge holding tank will exceed the minimum benefits realized for compactive settling and sludge thickening within a deeper sludge holding tank. Therefore, we do not believe that a working depth of greater than 5-feet is needed. (3) Regarding the proposed UV disinfection system: (a) Normally we require effluent filtering (e.g., sand filters, etc) prior to utilizing UV disinfection. Please justify the usage of UV disinfection (in this case) without the use of filters. Response: Past performance of this wastewater treatment plant indicates low Total Suspended Solids (TSS) and a high quality effluent. The average TSS value for the period August 2008 through June 2011 is 8.08 mg/L. Additionally, Dewberry has designed multiple wastewater treatment plants that are operating UV disinfection systems without tertiary filtration. Due to these facts, we believe that tertiary filtration prior to the UV disinfection system is not needed for this wastewater treatment plant. (b) The specifications (Section 1330, Part 2.10) for the UV disinfection system should include UV energy density specifications at a particular wastewater TSS and UV transmittance. Response: Specification section 13300, Part 2.10 has been updated. Part 2.10 will be replaced with the following: v.' Dewberry Mr. Ken Pohlig, P.E. Berryhill Elementary School WWTP April 17, 2012 Page 3 of 4 "2.10 The UV system shall be housed in a 4" ABS pipe suitable for a direct bury installation. 4" ABS inlet and outlet couplings shall be provided. The disinfection chamber shall be located below the inlet and outlet couplings. The UV subassembly shall fit inside the housing. The UV subassembly shall contain an anodized aluminum frame, a UV lamp, a quartz sleeve, and a teflon sheath. Each unit of the UV system shall be rated for a forward flow rate of at least 6 gallons/minute. The UV system shall contain a control enclosure and mounting bracket both of which are located above grade. The UV disinfection system shall be capable of producing greater than 30,000 microwatt-seconds per square centimeter at the end of lamp life and be capable of disinfecting the peak flow rate of 32,000 gallons per day to a standard of 200 fecal coliforms per 100 ml of effluent based on a geometric mean of daily samples and a total suspended solids (TSS) of 10 mg/L. An electrical disconnect switch shall be located adjacent to the UV system." (c) Please indicate if there is sufficient driving head to overcome any headloss through the UV system. Response: Sufficient driving head exists to overcome any headlosses that may be experienced through the UV disinfection system. Calculations are included with this comment response letter. During the submittal phase of this project, the UV disinfection system proposed by the successful Contractor will be evaluated to ensure sufficient driving head exists to overcome any headlosses regardless of the UV disinfection system provided. Also, please note that he UV disinfection system is being bid as an alternate bid item and may or may not be awarded. (d) From Sheet C2, we assume from Sheet C2 that the UV system is piped in just prior to the Tablet Chlorination System, such that if the UV system power is turned off, the ORC operator can still use the tablet chlor/dechlor system. Please confirm this. Response: Two 4-inch plug valves are noted on sheet C2 and are located on piping leaving the post aeration tank. If the UV disinfection system is operating, the 4-inch plug valve located closest to the tablet feed chlorination system will be closed and the 4-inch plug valve closest to the UV disinfection system will be open routing wastewater through the UV disinfection system. If the UV disinfection system is not operational or loses power, the 4-inch plug valve closed to the UV disinfection system will be closed and the 4-inch plug valve closed to the tablet feed chlorination system will be open routing wastewater through the tablet feed chlorination system. The operator can use the tablet feed chlorination/dechlorination system if the UV disinfection system is non operational or loses power. '_ Dewberry- Mr. Ken Pohlig, P.E. Berryhill Elementary School WWTP April 17, 2012 Page 4 of 4 Should you have any questions or comments concerning this submittal, please do not hesitate to call me at (919) 424-3751 or email me at mwest@dewberry.com. Sincerely, Dewberry & Davis, Inc. Matthew B. West, P.E, LEED AP BD+C Project Manager Enclosures Cc: Anthony Ansaldo, CMS Rob Krebs, NCDWQ Mooresville Regional Office Mike Parker, NCDWQ Mooresville Regional Office Seth Robertson, P.E., NCDWQ, Infrastructure Finance Section Tom O'Dell, CMS Richard Rizzo, CMS Skip Notte, P.E., LEED AP BD+C, Dewberry P:\50046144\Adm\Permits\A to C\2012.04.17-Response to Comments.docx Dewberrya CHARLOTTE MECKLENEBURG SCHOOLS CHARLOTTE, NORTH CAROLINA SUPPLEMENTAL DESIGN CALCULATIONS FOR BERRYHILL ELEMENTARY SCHOOL WWTP EXPANSION FINAL REVIEW CALCULATIONS - NOT RELEASED FOR CONSTRUCTION April 2012 Prepared by 13 Dewberry Dewberry & Davis, Inc. 6315 Lakeview Road, Suite 150 Charlotte, NC 28269 Phone: 704.509.9918 Fax: 704.509.9937 www.dewberry.com NCBELS ## F-0679 CAR oQ: •FEssio •'y'% � EA g _ rDewberry,�' Desi erl_J! Date Title _ _ a-1 Subject — Checker RELOVE AND REPLACE � _. (z) WALL P��jjQNS W/ SEAL eID ALTERNATE DJ 4'x4' TIMBER POST FOR Bq ALTERNATED DISCONNECT SWITCH (TYP 2 . SEE ELECTRICAL DRAWNG. e®ALIERFIATED ® 24' SEPARATION. BACKFILL NATIVE AM 'AD SOLLS. NO ROCKS OR CLAY. \ (4) 4- PLUG VALVE BID ALTERNATE D �A _ `BURIED UNIT (TYP. OF 4) BID ALTERNATE D / / �.. �as � noN TABLET 171 •A• co BD ALTBYNIE D ! - ..1 4' PLUG r1 Bro ALTERNATED —, ! WATERTIGHT STORAGE VALVE r CABINETS. COORDINATE EXACT LOCATION WITH CHARLOTTE MECKLENRURG SCHOOLS. Ei AIR CONDITIONER UNIT: MARE PENETRATION IN EX r'r I ' =U "-n-" I REMOVE AND . BUILDING RI ACCORDANCE WITH ALL MANUFACTURER'S REQUIREMENTS. REPLACE CONFIRM LOCATION WITH SIDEWALK OWNER PRIOR TO J CONSTRUCTION. It" If" Tsc c t, Calculation SheE _ Date ()I/ / _ _ Job No. C0 d f _ Sheet No. I_— of G .5 ` ,- )- (Gt ,, C U ga'&r-d 46 ; - I. -EA) t- q. S " (i . /,f � 1'w 1. f c&Nv_J �,,a 4lk"l- L-7 ,,,(' ^' I t„ i. 'f ii p �% n7r y{'V �..v LrllAx I` V ��, ! l P {W h.. M_ wlMi - 4� • I —T V �. V .n.i` l\ G 0.� — / 1 LA� 'I� I • ` �•_-�.'� — (D �a. fi /l . SI /11 A-1 l �C l �s� S -(� l Q A o �} o � BILE SOC PRIORITY PROJECT: No To: NPDES Unit Surface Water Protection Section Attention: Ron Berry Date: January 18, 2012 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NCO028711 PART I - GENERAL INFORMATION Physical Location 1. Facility and address: Berryhill Elementary School % Charlotte -Mecklenburg Schools 3301 Stafford Drive 10501 Windy Grove Road Charlotte, NC 28208 Charlotte, NC 28278 2. Date of last site investigation: February 19, 2010 3. Report prepared by: Michael L. Parker, Environmental Engineer if 4. Person contacted and telephone number: Matthew West, (919) 424-3751 5. Directions to site: From the jct. of Old Dowd Road and Walkers Ferry Road in western Mecklenburg County, travel southwest on Walkers Ferry Road z 2.0 miles to the WWTP site. The plant site is on the left (east) side of the road and on the south side of the school grounds. 6. Discharge point(s): Latitude: 350 12' 41" Longitude: 800 59' 56" USGS Quad No.: G15NW 7. Receiving stream or affected surface waters: Lake Wylie a. Classification: WS-fV, and B b. River Basin and Subbasin No.: Catawba 030834 C. Describe receiving stream features and pertinent downstream uses: The discharge is into a cove of Lake Wylie (Paw Creek arm). This area of the lake receives frequent bodily contact through various water recreational activities. No other downstream dischargers are known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Actual treatment capacity: 0.006 MGD (Design Capacity) b. Current permitted capacity: 0.006 MGD C. Proposed re -rated capacity: 0.008 MGD Mal C. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of a bar screen, a flow equalization basin, an aeration basin, dual secondary clarifiers with sludge return, an aerated sludge holding tank, chlorine (tablet) disinfection, and dechlorination. d. Description of proposed WWT facilities: The proposed modifications to the existing WWT facilities include the addition of an interval timer for the equalization pump, the addition of two 3000 gallon capacity septic tanks for use as sludge storage tanks, rehabilitation of the metal walls of the existing WWTP, and replacement of the RAS PUMP. e. Possible toxic impacts to surface waters: Chlorine is added to the waste stream, however, dechlorination is provided. 2. Compliance Background: This facility has maintained a generally good compliance history with only a few record keeping deficiencies noted in the past few years. A CEI was performed at this facility on December 21, 2010, by MCWQP staff, and the WWTP was found to be in excellent operational condition. PART III - OTHER PERTINENT INFORMATION Special monitoring or limitations (including toxicity) requests: None at this time (see Part IV). PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Charlotte -Mecklenburg Schools (CMS), has requested that the subject permit be modified to allow for a re -rating to increase in the permitted capacity from 0.006 MGD to 0.008 MGD. This increase in capacity is necessary in order to accommodate an anticipated increase in student/faculty enrollment expected for the 2012/2013 school year. CMS's engineering firm has prepared an Engineering Alternative Analysis (EAA) that evaluates the various disposal alternatives and ultimately offers supports for the proposed re -rating based on a review of the existing WWT facilities and the available non -discharge disposal options. The EAA notes that current well production records at the school reflect an average daily water usage of 7.5 —11.5 gallons/student, which is still below the 12 gallons/student design flow used in the EAA preparation. Using a flow rate of 12 gallons/student/day would conservatively allow for a student/faculty population of approximately 667, which would be expected to generate the proposed 8000 gallons/day of flow proposed in this re -rating request. Alternatives evaluated in the EAA include land application and connection to an existing collection system. The nearest collection system is over 1.5 miles from the school and CMS has indicated that it would be economically unfeasible given the distance and cost of the infrastructure necessary to make the connection. The land application option was also discounted given the availability and anticipated cost of the necessary 13 acres of land needed to assimilate the proposed 8000 gpd of flow. 11 FF Page Three Given the familiarity of the RO staff with the existing WWT facilities and the area in and around Berryhill school, it appears that a re -rating of the existing WWTP can be supported by the findings and recommendations contained in the EAA. However, conversations with CO staff have noted the possibility of the current NPDES permit limitations becoming more stringent should the re -rating request be approved. Any reduction in the current effluent limitations as a result of the re - rating to 8000 gpd will also necessitate a re-evaluation of the proposed facility modifications as noted in the EAA. Additional facility changes (including additional treatment components not proposed in the EAA) may be necessary to comply with the proposed effluent limitations. Pending a final review by the NPDES Unit and approval of the draft NPDES permit, it is recommended the permit re -rating request be approved. Signature of Report Preparer 6ate �L Water Quality Regional Supervisor Date h:\dsr\dsr 12\berryhi lire -rating. doc Dewberry Dewberry & Davis, Inc. 6135 Lakeview Road, Suite 150 Charlotte, NC 28269-2618 RECEIVED 704.509.9918 DIVISION OF WATER QUALITY 704.s09.9937 fax www.dewberry.com November 29, 2011 Mr. Ron Berry Engineer I Surface Water Protection Section — NPDES NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699 —1617 DEC 5 2011 MOORESVILL/E REGIONAL OFFICE Reference: Charlotte Mecklenburg Schools Dear Mr. Berry: D N0 V 3 0 2011 - J DENR-WATER QUALITY DEN Berryhill Elementary School Wastewater Treatment Plant — NCO028711 Dewberry Project # 50046144 In response to your July 27, 2011 correspondence, Dewberry & Davis, Inc. (Dewberry) is submitting additional documentation related to the request for a modification to the Berryhill Elementary School National Pollutant Discharge Elimination Permit (NPDES). The requested modification is to increase the average daily discharge from 6,000 gallons/day (GPD) to 8,000 GPD. Dewberry submitted a letter documenting the influent waste stream, a summary of the daily monitoring reports, and proposed improvements to the Berryhill Elementary School Wastewater Treatment Plant on July 6, 2011. As requested the following additional documentation is included with this submittal: • One (1) original and two (2) copies of NPDES Application — Form D • One (1) original and two (2) copies of the Berryhill Elementary School Wastewater Treatment Plant Expansion Engineering Alternatives Analysis • One (1) original and two (2) copies of the certified letter and Local Government Review Form sent to Mecklenburg County and the executed information returned to Charlotte Mecklenburg Schools. • Three (3) copies of the certified mail receipt from submittal to Mecklenburg County. • One (1) original and two (2) copies of the certified letter and Local Government Review Form sent to the City of Charlotte and the executed information returned to Charlotte Mecklenburg Schools. • Three (3) copies of the certified mail receipt from submittal to the City of Charlotte. Please note the $260 review fee was previously submitted on July 6, 2011. Mr. Ron Berry Berryhill Elementary School WWTP — NCO028711 November 29, 2011 Page 2 of 2 Should you have any questions or comments, please do not hesitate to call me at (919) 424-3751 or email me at mwest@dewberry.com. Sincerely, Dewberry & Davis, Inc. -)kAIA�k4 �? - "It Matthew B. West, P.E, LEED AP BD+C Project Engineer Enclosures Cc: Tom O'Dell, CMS Skip Notte, P.E., LEED AP BD+C, Dewberry P:\50046144\Ad m\Corresponde nce\Letters\2011.11.29- Berry. docx Dewberry NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1c0.,MGD Mail the complete application to: DIVISION.! r '9ALITY N. • C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 -' I NPDES Permit 000028711 MOORESVILLE REGIONAL OFFICE If you are completing this form in computer use the TAB key or the up - down arrows to moue from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Charlotte -Mecklenburg Board of Education Facility Name Berryhill Elementary School WWTP Mailing Address 3301 Stafford Drive City Charlotte State / Zip Code North Carolina 28208 Telephone Number (980)343-6050 Fax Number (980)343-5200 e-mail Address Dottie. stowe®cros.k12.nc.us 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road 10501 Windy Grove Road City Charlotte State / Zip Code North Carolina 28278 County Mecklenburg 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Charlotte -Mecklenburg Board of Education Mailing Address 3301 Stafford Drive City Charlotte State / Zip Code North Carolina 28208 Telephone Number (980)343-6050 Fax Number (980)343-5200 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D PFFOr'privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ❑ Number of Homes School ® Number of Students/Staff 667* Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): All wastewater received by the WWTP is from Berryhill Elementary School. Population served: 667* * 667 students is the proposed population to be served as part of the rerating of the WWTP and increase in the NPDES permit average daily discharge from 6,000 GPD to 8,000 GPD. This is based on an average daily flow per student of 12 gallons/student as provided in the NC 2T rules. 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 1 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Catawba River (Lake Wylie) 8. Frequency of Discharge: ❑ Continuous ® Intermittent If intermittent: 4$ 8 w P�^lam) Days per week discharge occurs: 5 Duration: 5 hours C J. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Influent bar screen, 7,400 gallon flow equalization basin, 3,300 gallon sludge holding tank, 8,400 gallon aeration basin, 26 square foot clarifier, post aeration basin, 635 gallon disinfection unit, dechlorination chamber (10,000 gallon capacity), sludge return pump. An approximate capacity of all of the above listed components is provided. 2 of 3 Form-D 05/08 NPDES APPLICATION - FORM D Pp7F,cr'privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.006 MGD Annual Average daily flow 0.005 MGD (for the previous 3 years) Maximum daily flow 0.005 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, 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 marimum 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) 12 4 mg/L Fecal Coliform 180 5 mg/L Total Suspended Solids 38 8 mg/L Temperature (Summer) 28.9 22.3 °C Temperature (Winter) 20.2 11.9 °C pH 8.9 7.2 Standard Units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO02871 1 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar with the information contained in the application and that to the bestofmy knowledge and belief such information is true, complete, and accurate. t"� � � • �--�.L.�4.1-.1i � 1 �y_12-tB�'T'�*�"+ �� ®���G.lt't 1 ��-TVC�'? � Printed name o erson Signing Title � A Signature of App icant ate North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08