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NC0089273_Regional Office Historical File Pre 2018
FILE COPY R Y COOPER MICHAEL S. REGAIN 44't ii `ftti y;. LINDA CULPEPPER June 7, 2018 r. Mark McKinnon BB&T Ballpark 24 S. Mint Street Charlotte, forth Carolina 2822 Subject. Compliance Evaluation Inspection 'PDES Permit`NCO089273 Groundwater Remediation Mecklenburg County Bear Mr. McKinnon: On June 6, 2018, staff from the Mooresville Regional Office (MRCS) performed a compliance inspection of the Groundwater Rerrmediation system at the subject site to determine eompliance with the permit. Enclosed is a copy of the inspection report: The MRCS would like to extend its thanks to you and Mr. Robert Foster of woodple and Mr. Glen Brice of Research & Analytical Laboratories for their assistance during time site visit. The system is online and performing at Levels consist with the permit for this facility. Should you have any questions with the site inspection report or the findings list herein, I may be reached by phone at (704) 663-1699 or email ed ard.watson@ncdenngov, should you have questions. S incerely; 1ff1dwaFd Watson, I-lydrogeolo ist Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEC Attachment: Compliance Inspection Report CC: Robert foster, Woodplc (via email) Glenn Price, Research & Analytical Laboratories (via: -email) State of North Carrinna I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1010 East Center Avenue. Suile 3011 Mooresville, North Carolina 28 t l a 704-663—I6919 United States Environmental Protection Agency Form Approved, EPA Washington, D.C. 20460 QMB No. 2040-0067 Water Compliance Inspection Report Approval expires 6-31-98 Section : National Data System Coding (i.., PCS) Transaction Code NPDES y6molday Inspection Type Inspector = Fac Type 1 r 2 3 NCO089273 ill 121 18/06106 117 18 L� j 19 0 Li 21 t_ Inspection Work Days Facility Self -Monitoring Evaluation gating B1 QA fie rved 6 1,0 .. 7013 1 71 t 1 72 N 7374 7Li Section B: Facility Data Marne and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 18/06/06 151 e/01 BEd&T Ballpark remediation site 324 S Mint St Exit Time/Date Permit Expiration Date Charlotte ND 28202 11:45AM 18106106 20106/30 Name(s) of Onsite Representative(s)/Tities(s)1Phone and Fax Number(s) Other Facility Data Ill Glenn Fredrick Price/ORC/336-996-26411 Name, Address of Responsible OfftciailTitle/Phone and Fax Number Contacted Mark McKinnon,324 S Mint St Charlotte NC 282021/704-357-80711704 748330 No Section : Areas Evaluated Curing Inspection (Check only those areas evaluated) Permit 1§ Flow Measurement Operations & Mai tenarim Records/Reports Self -Monitoring Program IV Facility Site Review Compliance Schedules EffluentlReceiving Waters Laboratory Section 0: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) ( See attachmentsummary) Name(s) and Signature(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date Maria Schulte Division of Water Qualityl/704-663-1699, Edward Watson MRO OWlll s S' nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W. Corey Basinger AFRO QI170-2 -21 41 EPA Form 360-3 (Rev 9-94) Previous editions are obsolete. Page# 1 PDES yr! day Inspection Type (Cont.) 31 Nc0089273 11 12 1 106/06 17 1 g Section D: Summary of Finding/Comments (Attach additional sheets of narrative and <checklists as necessary) n June 6, 2018, staff from the MRO met with Robert Foster and Glenn Price to review to the permuted Dewatering and Treatment system under permit NCO089273 for I B T Baseballl Stadium in Charlotte, Mecklenburg County. Internal sampling is performed by the consultant to determine if a breakthrough condition is present in the carbon filters. A copy of the most recent manifest was provided to MRO staff for the disposal of the waste carbon media. MRQ staff also received a copy of the receipt of the recent flow meter purchase from the manufactor to be included in the electronic file for this permit. Laboratory analytical data indicates the system is operating within permitted limits for PCE and Toluene: The .t3.G.'s are properly completed. This system is currently operating at between 16,000 to 17,000 gallons per month which is well below the permitted flaw of 50,000 gallons per month. Pa e# 2 Perant- N 0089273 Owner • Facility: BB&T Ballpark rernediation site Inspection Hate. 06/06/2018 Inspection "type: Compliance Evaluation PumD Station - gffluent Yes No NA N Is the pump wet well free of bypass lines or structures? 110 013 Are all pumps present? 11 0 11 0 Are all pumps operable? Are float controls operable? Is SDADA telemetry available and operational? Is audible and visual alarm available and operational? Comment: The wet e!! was observed Burin the life vl i#. Mr. Foster demonstrated the urn `sin o' eratiot. F'ui'' a wBs discussed the a re lacers schedule wi!! tc► e reviewed ftr otential um chars e out clue the a e of the exiaitn wet !! urri s. Record Keepinc Yes No NA N Are records kepi and maintained as required by the permit? Is all required information readily available, complete and current? 12 El El 1:1 Are all records maintained for 3 years (lab. reg. required 5 years)? 0 El C1 El Are analytical results consistent with data reported on DMRs? 11 El Is the chain -of -custody complete? Dates, times and location of sampling 11 Name of individual performing the sampling Results of analysis and calibration Dates of analysis fS Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (if the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator C on each shift? Is the ORC: visitation log available and current? 11 0 Is the QRD Certified at grade equal to or higher than the facility classification? 11 11 Is the backup operator certified at one grade less or greater than the facility classification? IN 0 Is a copy of the current NIPDES permit available on site? Facility has copy of previous years Annual Report on file for review? 0 El Is 13 Comment- Annual reports ire ntrt re wire far individue! erirlit . Page# 4 May 3, 2017 Mr. Kevin B. Greer, P.E. Asst. Public Services Director City of Hickory P.O. Box 398 Hickory, North Carolina 28603-0398 Subject: Non -Discharge P Acknowledgerm Hickory Region; ORGRO Distrib Distribution of I Catawba Count3 Dear Mr. Greer: ass"RIMYmn it Solids (503) ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN I )irol if r"" included a records review and site visit to the Hickory RCF, We would like to thank Mr. Paul Spencer for and the facility tour. • There are some mechanical issues that can be addressed to allow the facility to operate more effectively, The aeration basin on the left as you are facing the reactor requires repairs to the aeration mechanism (diffuser heads) as the aeration is creating a roiling affect in this basin. The excessive movement of the sludge can cause a shearing of the activate organisms and therefore reduce the effective reduction of the sludge by these organisms. Bate rA'North Carolina Environmental OuafitN I Wau,,r Resources i Water Quaht� Regponal Opaattkmi kfomes-'ffle Regmnal Oflice 1610 Fmi CenterAvenue, Suite 301 1 Mooresvitle.Nortli (,arolma 2811 7f4-663 .- 1699 PFV Overall, the facility has been found to be in compliance with the permit. Should you have any questions or concerns regarding this report, I may be reached by phone at (704) 663-1699 or email edward.watson@ncdenr.gov, should you have questions. Sincerely, Edward Watson, Hydrogeologist Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCI EQ Attachment: Inspection Report April 2016 CC: Paul Spencer, Project Manager, RCF (via email) Sonia Gregory, LAU Compliance, CO -Raleigh (email) Water Resotirces VIRONMENIAL QUALITY Februar r. Dan Rajkowski, Vice President Charlotte Knights Baseball Club 324 South Mint Street Charlotte, NC 28202 Subject Lear Mr. Rajkowskl: 4ncdenr. ov. Sincerely, IF " PAT, MCC:ROR` DONAALD R. VAN DER VAA.RT S. JAY ZIMMERMAN 016 C)ri-f vie, Environmental Engineer Mooresville Regional Office Division of Water Resources, DEQ Cc: NPDES (Derek enard) MRO Files Mooresville Regional Office Location: 614 East Center Ave., Suite 301 Moore rille, N6 26116 Phone. (704) 66 -;1699 \ fax.: (704) 663.6040 \ Customer Setvlw 1N877-6 3- 746 watis afing actation site Representative(s)rrifles(sYPhone and :e/ORC1336-996-28411 ax Number innon, H/ (See attachment summary) YO led Name(s) and Signature(s) of In Agency/Office/Phons and Fax Numbers Date Edward Watson MRO GW//I Od A Tuvia :::� — ----- MR0 WOt/704-663-1699/ Signature of ne? ant 0 A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete, Page# NPOES yrfmofday inspection Type (Cont.) 31 N00086 ±3 1 1 16102111 1 1 18 j ,^ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Notes By Ed Watson. ner « every two years. A copy of the waste manifest was obtained during the site visit. review of the groundwater sampling results was performed and the system is shown to be treating the influent water to levels below 1 A, 2L groundwater standards. Page# 2 t permit expires In 6 mor L forming analyses permit? general public? for; inspection? r"1.5, ? er than the facility classification? less or greater than the facility classification? ile on site? :port on file for review? (� and 0!2 were also reviewed. QRC too need to indlcate gagmplipgevents. ffluent aamLIina Yes o b Is composite sampling flow proportional? CIO a Page# Permit: NCO089273 Owner - Fscifity: BUT Ballpark remediation site Inspection Oate: 02/11/2016 Inspection Type: Compliance Evaluation Effluent Sampling )Lei L42 tLA- NE Is sample collected below all treatment units? M 0 130 Is proper volume collected? 0 0 00 Is the tubing clean? C1 0 [In # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees 1:113 Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type 0 0 El 11 representative)? Comment: Research & angl)dical Lab do the sites sampling. s9m2fing done below_ all tregfiment units. iatzgM )Lej Ng N_A, NE Are field parameters performed by certified personnel or laboratory? Is Cl El 0 Are all other parameters(excluding field parameters) performed by a certified tab? 15 0 El El # Is the facility using a contract lab? 0 El C1 El # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees 10 0 El El Celsius)? Incubator (Fecal Coliform) set to 44,5 degrees Celsius+/- 0.2 degrees? C1 El N E] Incubator (BOD) set to 20.0 degrees Celsius +/- 1 .0 degrees? El 0 N 11 Comment: Research & analAical Lab do the sites sgjm&n2. Flow Measurement - Effluent Yes blo N6 L4g Is flow meter used for reporting? 11 El 11 0 Is flow motor call rate annually? Is the flow meter operational? 13 (if units are separated) Does the chart recorder match the flow meter? Comment: Flow meter has not been calibrated due to it being new, annual calibration will be done. Effluent Pige Yes No NA NE Is right of way to the outfall properly maintained? El C3 N El Are the receiving water free of foam other than trace amounts and other debris? 11 0 M El If effluent (diffuser pipes are required) are they operating properly? El El 11 0 Comment: slIg discharge into a storm Argin. 012eralion§ �& L4sjintg0jjngg )Les No NA N9 Is the plant generally clean with acceptable housekeeping? a D C1 0 Page# 4 Permit: NCO089273 Owner - Faclljty: BUT Ballpark remediation site ,tion Datc 0211112016 Inspeotion Typw COMPlianCa EvOltlar*n inns A Mainteagna Yes No NA NE a facility analyze pro oess control parameters, for ex: MISS, MCRT, Settleable K 13 13 11 �H, DO, Sludge Judge, and other that are applicable? mt it has on wet well sg!yigg drain p ea gf gpj2LoxeMft 4,3 agrgg, The wet well feeds L _ throeMine gaRgr QgAr-id9A filters that gh fy—vo L poll cl jgfliji. Aater is collected asillon _soling Lank that transfers fluid to, two ill-IlLie 2,OQQ lb. Activated Carbon GAC Tanks. The eft ye t iA able to be drawn off at four (4) gifferggt Dint Lo oLff measurement 12 le f n allow _g 1_ break -throe ghis occurring keft_een the GAC tanks. The first g_Ag Lank treats the infiggnt Mggr aLid 1bg Igggnd tgnK pg_fish§a tht mLer, Ibg Ca on 11 ch_a_nggd 20 an avery gg of every two years by Haz-met. DMR Review Record acilit r> r � .� Permit iVo;: c � _ Pipe l�r .: t c i nthtYear: 01 ..,f- �7- Monthiv Avera aViolations Parameter Permit Limit Dk Value °lo Over Limit ,Action Weeld /Dail Violations Date Parameter Permit Limit Limit Twe DMRValuo %Cover Limit ,Action Monitoring Pre uenc lliolatior a Date Parameter PorrnftfMgqency Values Reported # of Violation$ Actior► OtherVl latia l tafiRem r y' J�'bPg""* �,: 8✓.J`y"a*iP-l' a�"w`G^d". t �,sp"" €X.'s m1'p vdw°+ 3'Yj — s3 '8�".. G,+^ ,}% �,... x� c'f {;.�, i �#� CY CS @ � (" �. .#. 'i�'.d' �d' �✓e. " t....w � .0 ./ l 4 Supervisor Remarks: orpleted r ta> 1 ' Assistant Regional Supervisor Sign Off. ate: Regional Supervl orSrg Off. pate. " l } g x t H .. . 88-r:� FLOW 3k SR,c�9. .....«,...„-.- .. ^,a " Y. t.. to tEttIFxPsrLEsF 7 v E€�FORXIFS3 R� &3Ct P wC ISE Fc� 7 wt " 1"era c� cr . 41 V PERFORATED + t d+1 r " io, ij .. „ < R-1T NOR WOW" cm"il SMD— r" CiRAJN By �„v s� 0 um a^ t 6 n� ea CRATED PRO IOSED t�e „„ .. ' „«"" \ 6' PERFORAMD .. L "s"RE'A"EklE+�ST pew C � " � FtPE � F"ACUTY (BY OTHERD) as { s 'r AN s aRE (€` P) 0 " rF 61 PERFORATED " tuts PIPE a., a} i ; .gyp CA �t is CEri ' '� e `� t ?NNECT l JI AN l9NDER YiC A8 + Nts "W iwo- arch w wL DRAW 6 12' WN a AY" i w R His am In .,a41,#a3°.w."kti7.bic .:.... u..... _.,,. „.._ �T 3 GF l sa cu r t " T NOTM T. ACTUAL PWR LOCATIONS CAN DE ADJUSTOD TO StAt qua 0(moffWNS, ' PERMANENT GROU140WATER CONTROL SKETCH 2SEE WELL. ASSOCIATES RETAIL;AlISRS01, `"TH4CAL, POWDATION i7RA W FOR WALL DRAIN DETAIL, :........,,�.....,,W..„.»,,, �,.:.,.,,„._. 3:SEE UASSOCIATES SPECIFICATIONSIEG" �TION W 40 ol,' SURVIRAMAISSFOR lwtUr..0 D FoUHCAnoA WALLS" FOR MATERIAL TYPES D 04STALLATION PROCCOURES, CHARLOTTE KNIGHTS o lw w asp I BALLPARK a. Strwm +.oTYE, NORTH c�sacrczr�A + ��' gar e itnFez «� af: DistarEa -i.Q. Sila P : , ISinr tya ncn and « Edcc. 5€6r'DYe tR. SCALE' V - W-W m�.e+narss.x�ra� �tro+�r.,+erra�a aaws�ce lN1k3961;i � niaw+z fmi& k.7eorg Fischer Signet`+GF18 Signet 2551 Magmeter Test Certificate lte Part Information Mfr. part #; : -25 1.-Pl-42. Type: ,1316L S; mA output Serial number: 61612130814 Calibration date: April 03, 2018 Test Data Fast media, Water Pipe type: d50 ft .. Pipe fitting: PVDF Tee d50 , SFMT015 4 Output jumper: a 3 L (applies to 3 - 2551 - X- l only) Pipe size jumper: off Flow Velocity Reynolds Linearity ftls mis Number � cif readin 9,75 (2.97) 138410.31 0.01 13.12 (4.00) 186421.80 0.0 16.57 (.05) 23 672.83-0.08NO 1 0 -1 -2 2.00 2.50 3.00 3.50 4.00 4.50 5.C1C► 5.50 Flow velocity (m/ Refer to Signet 2551 Magmeter manual (PN 3-2561.090 or - 1.090-1) for technical pe i is tion, Georg Fischer Signet LLC certifies that the 'reference used in the calibration of this product is traceable to MIST (National Institute of Standards and Technology). Improper handling may adversely affect the accuracy. Georg Fischer Signet LLC products are manufactured under ISO 9001 for Quality and ISO 14001 for Environmental Management: Georg Fischer Signet LLC 391 Aero Jet Avenue FI Monte, CA 91731-288 www.gfsignet.com 1 2/20 ,1 C7earg r isc ell rg net LL "1 r" `"Ir Signet 2551 Magmeter Test Certificate Part Information Mfr. part #: 3-51.-P1-42 Type: PP/316L S; mA output Serial number: 61612130814 Calibration date: December 14, 201 Test Data Test media: Water Pipe type: SYGEF PVDF d50 Pipe fitting. PVDF Tee d50, SFMT015 Output jumper: S3L (applies to 3--2551-- - I only) Pipe size jumper: off =Flowlocity Reynolds Linearity is Number °l of reading) 10.61 (3.23) 142354,51 -0.06 13.57 (4A4) 182874.18 -0.12` 16.93 (5.15) 228351.88 0.12 1 cu 0 �s 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5,50 Flow velocity (m/s) Refer to Signet 2551 Magmeter manual (PN 3-2651,090 or 3-2651.0 -1) for technical specification, Georg Fischer Signet LLC certifies that the reference used in the calibration of this product is traceable to NISI (National Institute of Standards and Technology), Improper handling may adversely affect the accuracy. Georg Fischer Signet LLC products are manufactured under ISO 9001 for Quality and IS© 14001 for Environmental Management: Georg Fischer Signet LLC 01 Aero Jet Avenue El Monte, CA 91731-2882 www.gfsignet,com (121201�i) Georg Fischer Signet LLC +GF+ Signet 2551 Magmeter Test Certificate Part Information lfr, part #; 3-251°-P1--42 Type. P 31.5L SS; mA output Serial number: 61307020135 Calibration date. March 20, 291 Test Data Test media: Water Pipe type: SYGEF PVDF d5O Pipe fitting: PVDF 'fee d50, SFMT015 , Output jumper: S3L (applies to 3 551-- 1 only) Pipe size jumper: off \P"T Flow Velocity Reynolds Linearity ffs' mfs Number % of readin 9.98 (104) 131671.60 -0.01 12.90 (3,93) 170439.07 -4.06 16.25 (4.95) 21492034 0.06 .. __ 1 t _2 Flow velocity (m/s) Refer to Signet 2551 I1 agmeter manual (PN 3-2551.090 or -2 1. -1) for technical specification. Georg Fischer Signet LLC certifies that the reference used in the calibration of this product is traceable to'NIST (National Institute of Standards and Technology). Improper handling may adversely affect the accuracy. Georg Fischer Signet LLC products are manufactured under ISO 9001 for Quality and ISO 14001 for Environmental Management Georg Fischer Signet LLC 3401 Aero Jet Avenue El Monte, CA 91731-255 www.gfsignet.com +GF+ Page 1 /1 Delivery Plots No. 192436368 of 03/27/201 (please always refer to this number) Ship -to. Scald -to: AMEC 'FOSTER WHEELER Company Robert Foster AMEC FOSTER WHEELER 2801 "Yorkmont Road, Suite 100 Jackie Williams Charlotte NC 28208 2801 Yorkmont Road, Suite 100 Charlotte NC 28208 Contact Jay Manio Telephone 626 2485288 e-Mail Jay.Manio@georgfischer.com Customer. 99024 Your tax -id no.: Your PO No.:: RON# 13355 03/27/2017 Order -No.: 58819803 Perms of delivery: ZCC Feel Ex 2nd Day Pos Code -No. Quant. Order / Pos Description Unit 10 159900139 1 EA 58819803/'0010 ' Recelibration and Recertification Old item no.: REPAIR Your item no.. P/N.-21-P1-42, S/N: 61307020135 Total weight,; Gross 0.000 No, of packages 0 Georg Fischer Signet LLC, 3401 Aerojet Avenue, EL Monte, CA 17:31-2 82 USA Tel.: (626)571-2770, Fax: (82Ci)573-2057,c Internet: ww .gfsi net.com, Email: GFSignetAR@georgfischer.com w ra � , ,� • 4 iIN III a r a- ol to the waste stream pricer to shipment, ro. PAT MCCRORY Governor DONALD R. VAN DER VAART Secretar y WaterResources S. JAY ZIMMERMAN ENVIR014MENTAL QUALITY RECEIVEDINCDENRIDW;tDireaor August 2, 2016 2 2 2016 Mr. Dan Rajkowski, Vice President WQROS Charlotte Knights Baseball Club 324 S. Mint St MOORESVILLE REGIONAL OFFICE Charlotte, NC 28202 Subject: Retraction of NOV-2016-LV-0271 Failure to Submit Electronic Discharge Monitoring Reports (eDMRs) Charlotte Knights Baseball Club BB&T Ballpark remediation site NPDES Permit NCO089273 Mecklenburg County Dear Mr. Rajkowski: On July 18, 2016, the Division issued a Notice of Violation (NOV) against Charlotte Knights Baseball Club — BB&T Ballpark rernediation site. The NOV was based upon a violation of the reporting requirement by failing to submit electronic discharge monitoring reports (eDMRs). Subsequent to your receipt of the NOV, Hunter Hicks, P.E. with Arnee Foster Wheeler, PLC, contacted the Division indicating that they, were in the process of submitting electronically for the June 2016 DMR. During this difficulties. Due to these issues, they have not been able to meet the May 28, 2016 deadline for eDMR' submission in pennit NCO089273. Since there was an intent to submit DMRs electronically and there has been contact with the Division concerning problems with electronic submission, I have withdrawn the NOV against Charlotte Knights Baseball Club — BB&T Ballpark remediation site for the cited violation and directed that the record of this violation be removed from our files. Thank you for your prompt attention to this matter. If you have any questions about this letter or discharge monitoring reports, please contact Derek Denard at 91.9-807-6307 or via e-mail at derek.dentird@ncdeiir.gov, ly, L S. Jay Zimmerman, P.C., Director Division of Water Resources cc: Derek Denard, Compliance & Expedited Pertnitting Unit NPDES Files NC0089273 Central Files cc: Hunter Hicks, P.E., Aniec; Foster Wheeler, PLC [hunter.hicks@amecfw.com] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 :u PAT MCCRORY a N mb Gµoveraaor DONALD R. VAN DER VAART Secretary Waterhesources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY �a July 1„2016 CERTIFIED MAIL 7009 2260 0000 8087 119 T CET1 Q! ESTED Mr. Dan Rajkowski, Vice President Charlotte Knights Baseball Club 324 S Mint St Charlotte, NC 2802 Subject: Notice of Violation N V-2016-PC-0271 Failure to Submit Electronic Discharge Monitoring Reports (eDMRs) BBI T Ballpark remediation site DES Permit NCO0 9273 Mecklenburg County Dear Mr. Rajlcowski Per the 'terms of your NPDES permit, you .were required to register for, and begin using, the eDMR system by 5/28/2016. Our records indicate that as of the date of this letter, the subject facility has registered, but i not submitting data electronically. Failure to begin submitting reports electronically is a violation of the terms of your permit, subjecting you to a possible assessment of civil penalties. In order to reduce the risk of receiving additional enforcement action, you :must complete your registration and submit your July 2016 DMR electronically on or before August 31, 2016. The Division has prepared a`website devoted to all aspects ofe AMR, including registration for its use, obtaining an eD R user account, and answers to :frequently asked questions. You are encouraged to visit the website at: itt /IcI .11 v/a c Lit/divisions/water_ �;c urcesJedizti-. Should you have further questions regarding eDMR after reviewing the webs te's content, or have need of further assistance, you should contact Derek Denard at 91 -807-6 07 or derek.denard ncdenr gov. Thank you for your cooperation in this matter. once ely, S. Jay Zimmerman, P.G. Director, Division of Water Resources cc. NPDES Pile Central files State of North Carolina I Environmental Quality j Water resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1 17 919-707-9000 r PAT MCCRORY s GC1i Y'f it6)7' DONALD R. VAN DER VAART w Water Resources S. JAY ZIMMERMAN ENVMONMENTAL QUALITY June 24, 2016 r „ Mary McKinnon Charlotte Knights Baseball Club 324 S Mint St Charlotte, NC 28202.... Subject: NPDES Electronic Reporting Requirements BB&T Ballpark remediation site NPDES Permit Number: NCO08 27 Gear NPDES Permittee The U.S. Environmental Protection ,Agency (EPA) recently published the National Pollutant Discharge Elimination System (NPDES) Electronic; Reporting Rule. The rule requires NPDES regulated facilities to< report information electronically, instead of filing written paper reports. The rule does not change what information is required from facilities, It only changes the method by which information is provided (i.e., electronic rather than paper -based). EPA is phasing in the requirements of the rule over a -year period. The two phases of the rule, and their key milestones, are: • Phase 1 —Starting can December 21, 2016, regulated entities that are required to submit Discharge Monitoring Reports (DMRs) will begin submitting these reports electronically. If you are currently reporting your DR data electronically using eD, then you simply need to continue reporting in the same way as you are now. The key change is that, starting on December 21, 2016, electronic reporting of DMRs will be required, instead of voluntary, • Phase 2 —Starting can December 21, 2020, regulated entities that are required to submit certain other NPDES reports will begin; submitting these reports electronically. Reports covered in the second phase include Notices of Intent to discharge in compliance with an NPDES general permit, Sewer Overflow/Bypass Event Reports, and a number of other NPDES program reports. Incorporating Electronic Reporting Requirements into NPDES Permits The NPDES Electronic Reporting Rule requires authorized NPDES programs to incorporate electronic reporting requirements into NPDES permits beginning December 21, 2015. Under the new rule, the electronic reporting process supersedes the paper reporting process. According to our files, your NPDES permit became effective after November 2013, and should contain the requirement to electronically report your Discharge Monitoring Reports using NC D R's eDMR system. In addition to requiring permittees to report information electronically, the rule also requires permittees to identify the initial recipient for the NPDES electronic reporting data [see 40 CFR 122.41(1)(9)], initial State of North Carolina I Environmental (duality I Water Resources 161714 ail Service Center I Raleigh, North Carolina 27699-1619 919 807 6-100 recipient of electronic NPDES information from WDES-regulated facilities (initial recipient) means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES Data [see 40 CFR 127.2(b)], Permittees are required to electronically submit the required NPDES information to the appropriate initial recipient, as determined by EPA, By July 18, 2016, EPA must identify and publish on its web site and in the Federal Register a listing of initial recipients by state and by NPDES data group. Once available, you can use EPA's web site to find out or determine the initial recipient of your electronic submission, NC DWR has submitted a request to EPA to be the initial recipient for the following NPDES data groups: 1. Discharge Monitoring Reports; 2. General Permit Reports [Notices of Intent to discharge (NOls); Notices of Termination (NOTs)]; 3. Pretreatment Program Reports; and 4. Sewer Overflow/Bypass Event Reports EPA's web site will also link to the appropriate electronic reporting toot for each type of electronic submission for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. For more information on EPA's NPDES Electronic Reporting Rule, visit electronic -reporting -rule. For more information on electronic reporting to NC DWR, visit hLtp. �de . or contact Vanessa Manuel at 919-807-6392 or via email at Vanessa,Mjnuel@nqden r- ov. Sincerely, Jeffre4j 0. povra� fors. Jay Zimmerman, P.G. Cc: NPDES File Central Files CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 27, 2015 RECEIVEDINCDENRIDWiR Dan Rajkowski, Vice President t- w. :- 15 Charlotte Knights Baseball Club A i f 324 S. Mint Street WOROS Charlotte, NC 28202 MOORESVILLE REGIONAL OFFICE Subject: Issuance of . DES Permit ; CO0 9 '7 BB&T Ballpark 324 S. Mitt Strut, Charlotte 2202 Mecklenburg County Dear Mr. Rajkowski: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. This Permit is issued pursuant to the requirements of North Carolina General Statute 14 -21 S.I d the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency elated October 15, 2007, or as subsequently amended. The Division understands that you have made no significant changes to your facility the last permit renewal. We have made the following updates to your previous permit: • added updates to facility map, outfall locations and parameter codes • updated limit to 3.3 Rg/L, for Tetrachloroethene in accordance with human Health standard. Proposed federal regulations require electronic submittal of all discharge monitoring reports D s) and specify that, if a state does not establish a system to receive such submittals, then permittes must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation: s into et app zcation has been added to your DES iperzp )j Per information on eDMR; registering for eD�tR and obtaining an e visit the following web page: http //po l.n denr, rg/web/w /admin/ og/ip L/edmr: ; For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web' site. http:// w2.epa. ov/compli c /prop sed-npdes-electronic-reporting-rule: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 Phone 919.807-63001 Fax: 919-807-6492(CustomerService: 1-877-623-6748 Internet.: mntncwateroM An Equal pportunity\Affirmative Action Employer Mr. Rajkowski July 27, 2015 Page 2 of 2 'If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such`a demand is made, this permit shall remain final and binding. Please note that this perinit 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. If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. espe fly, ,AZS. 4Jay Zininterman, Actin, ector Division of Water Resioe;s, N DENR Enclosure: NPICES Permit NCO089273 (Issuance Final) he: Central Files NPDES Program Files M ec: Richard Fanner [Richard.farmer*-necklenburgcountyne.gov] Aquatic Toxicology Unit/ Susan Meadows [susan.meadows@ncdenr.gov) Mark McKinnon, Dir. Operations, Charlotte Knights Baseball Club [markm@charlotteknights.com] Pe It NCO089273 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PE"RMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSIEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215. 1, othey lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Charlotte Knights Baseball Club is hereby authorized to discharge wastewater from a facility located at the BB&T Ballpark 324 South Mint Street, Charlotte 28202 Mecklenburg County to receiving waters designated as an unnamed tributary to Unnamed Tributary to Irwin Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, and IV hereof The permit shall become effectiANIPHOWN"". This permit and the authorization to discharge shall expire at midnight on4*Mkqjj#~ Signed this day My 27, 2015. & immerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page I of 6 Permit NCO089273 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Charlotte Knights Baseball, Club is hereby authorized to: 1. continue operat?1Y#WM*PWft groundwater remediation system that includes the following components; Iters rs located at BB&T Ballpark, 324 South Mint Street, Charlotte, in Mecklenburg County; and 2. discharge from said treatment works via Outtall 001 at a location specified on the attached map, into an unnamed tributary to in Creek [Stream Segment 11-137-1.], currently a Class C waterbody within Subbasin 03-08-34 [HUC: 03050103] of the Catawba River Basin Page 2 of 6 Permit NCO0 927 PART I A. (1.) EFFLUENT ENT LIMITATIONS AND MONITORING t Imo ' EN TS [I 5A NCAC 02B .0400 400 t seq., 02 .0500 et seq.] During the period beginning on the effective date of this permit and lasting it expiration, the Permittee is authorized to discharge -pia Outfall 001 Such discharges shall be limited, monitored and reported' by the Permittee as specified below: k.I' 1C LI NT 1..uJ C` .[✓Tls�t IC. ....�..dl� 3 \ � FJ � [Paracc� t"�d] : iautx wily esr�rrnextt a l+ p . Average Maximum Frequency I �►� Lciea iox� „ 50050 0.05 M D Recording Effluent {sn it,) ' C0530 30.0 zng1L 45.0 g/L Grab Effluent 34010 _ � Grab Effluent 78389 3.3 µg/L grab Effluent ti {grab Effluent Footnotes 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR application system [see A. () I :Flow may be measured using a totalizing flow meter. 3. This sample to be collected concurrently with quarterly Chronic Toxicity. 4. Chronic Toxicity th testing i r [see A. (2)]. Conditions: • There shall be net discharge of floating solids or visible foam in other than trace amounts. Discharge shall show no evidence as a source for oily film or sheen on the' receiving stream. 'age 3 of Permit NCO089273 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [I 5A NCAC 02B .0500 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia de bia at an effluent concentration of 90%. The permit holder shall perform at a unimum, qyg1terly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or"North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 20 10) or subsequent versions. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-educentr9tion testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase R Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (DMR-1) for'the months in which tests were perfortned, using the parameter code TGP311 for the pass/fail results and T1IP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chernicallphysical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the perinittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. Page 4 of 6 t Permit NCO0 9273 NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to he completed no later than the last day of the `month following the month of the initial monitoring. A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S.1 3-21 .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 pennittees ` 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: Ibis special condition supplements or supersedes the following sections within Part 11 of this permit (Standard Conditions ns for NP.DES Permits): Section B. (11.) Signatory Requirements Section. D. (.) Reporting o Section D. (6.) Records Retention Section E. () Monitoring Reports . Reporting [Supersedes Section U. 2. and Section E. 5. a Beginning no later than 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 ..,, ,-...:.. t..-.«».... r.. .9..,s,. —A ... :t�___.'..J. aVX&I'r _ _t _ . .. ° It - yr — . .„ NC DE / D / 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, there a temporary waiver from the NPDES electronic reporting requirements may be granted " d discharge monitoring data may submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be subtratted to the mailing address above. Page 5 of 6 Permit NC 0892'73 Requests for temporary waivers from the NPDES electronic reporting requirements must b submitted in writing to the Division for written approval at least sixty (60) days prior to the elate the facility would be required under this permit to begin using eDMR. Temporary waivers'{shall be valid for twelve (1 ) months and shall thereupon expire. At such time, DNMs shall be submitted electronically to the Division unless the permittee re -applies for and'is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page. - Regardless of the submission method, the first DMl2 is due on the list 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 Re airs rrts [Supplements Section R. 1 b and s ersede S ction B. I d All eDMRs submitted to the pe . it'issuing authority shall be signed by a person described in Part 11 Section B. (11.)(a) or by a duly authorized representative of that persona as described in Part 11 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 eD 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: ht! .// ortal.ncdenr.or weblw lath. o' /i u/edrnr Certification. Any person submitting an electronic DMR using the tate's eDMR system shall mare the following certification [40 CFR 122.22). NO C)THER. STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify; under penalty of law, that this document and all attachments were prepared under sty direction or supervision in accordance with a system designed to assure that ualifnedpersonr el properly gather and evaluate the information submitted. Based on my inquiry ofthe person or persons who manage the systennt, or those persons directly responsible for gathering the information, the information submitted is, to the finest of arty knowledge and belief, tare, accurate, and complete. I am aware that there are significantpenaltiesfor submittin , alse information, including the passibility cif fines and imprisonment for knowing violations. :3. Records Retention [Supplements enat Section P. L6.0 The permittee shall retain records of all Discharge :Monitoring Reports, including eDMR submissions. These records or copies shalt be maintained for a period of at least 3 years from the elate of the report, This period may be extended by request of the Director at any time 40 CFR 122.41]. Page 6 of Charlotte rlott ui is Baseball Club allpark remediation site 324 South Mint Street, Charlotte 28 ceiwingsStreamt € T to Irwin Creek Stream Class; C Str~sera Seintent- 11-137-1 Sub- aasinc 03-08-34 Drainage l&asin. Catawba MS.. 030501030101 Latitude: 36" 13" 46' Longitude: 80- 50' 55s State GriddjajjS Q# ada GI5NE / Charlotte East, N NPDES Pe it Standard Conditions Page I of 18 PART 11 STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least tencalendar 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 151, 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. Rypass 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 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 maybe collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-bour period proportional to the rate of flow. (2) Constant timely 'able 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 . I (4) Constan constant used i A lnfl Infl Pe sa mp Version 1110912011:1 Hazardous Substance y substance designated under 4( Instantaneous flow measurement The flow measured during the min that instance. To the extent pratic samples required for the same sarn during that sampling period. Monthi Aver e concentration It The arithmetic mean of all "daily coliform or other bacterial pararnei e 't lssuina Authority The Director of the Division of W, (:?uarterly Avera e concentration The arithmetic mean of all sample; NPDES Permit Standard Conditions Page 3 of 18 R Part 11 6 pursuant to Section 311 of the CWA. an time required for the flow measuring device or method to produce a result i Instantaneous flow measurements coincide with the collection of any grab ng period so that together the samples and flow are representative of the discharge harges°" of a pollutant measured dining the calendar month. In the case of fecal or indicators, the geometric mean of such discharges. Resources. n� kern over a calendar quarter. " k4uaeu '.... FaxJces u.aues v v Y`v .rya ewyy a+.cwaasw5- — w— w..vw,,wd..+.�..s. .:......w.,.�,.. e.... ... ..,.x....K... ,x,......M,.w,., ...,.b.,.— ......, �,......�..,,...... ,..�.�., .,...�.....,.,.}.. - 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: y pollutant listed as toxic under Section 307(a)(1) of the CWA LJ 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. Weekl Avera e 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- l. L}ut to Cca„laiy The Pe tree 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,car modification; or denial of a permit renewal application [40 CpR 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, evert if the permit has not yet been: modified to incorporate the requirement. be 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 40(a)(3) or 02(b)(8) of the Act i subject to a civil penalty not to exceed $37,500 per day for each violation. [33 U C 1319(d) and 40 CiFR 122.41(a)(2)] c.; The CWA provides that any person who negligently violates sections 301, 302 306, 307, 308, 318, or 405 o 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 t $25,000 per day of violation, or Version 1110 101 t 9 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than I 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 be 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] & 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 max' murn 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 11 penalty not to exceed $1. 77,500. [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 12141(d)]. 3. Civil and CriM'nil _Lighility Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part 1I.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NC GS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Pennittee 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 Pertrattee 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 Pennittee 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 12241(g)]. 6. Qnsh Mr 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 , I NPDES Permit Standard Conditions Page 5 of 18 7. 5DSevTrabil Ohi!AY 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. Du tv to Provide Information The Pe 'tte shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Perinit Issuing Authority may request to deten-nine 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. Pqty�Rea�l If the Pe `nee 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 Pernuttee 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 122.2 1 (d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Pernuttee 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 US C 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,vsecretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who perfortris 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 duty authorized representative of that person. A person is a duty 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 duty 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 Pen -nit Standard Conditions Page 6 of 18 c. Changes to a different i satisfying it toaetber wii 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall mE certificatior "I certify, u supervision evaluate th those perso knowledge submitting 12. Permit Actions This permit ma, Permittee for a ] or anticipated n 13. Permit Modifm The issuance of revoking and re contained in Tit Administrative nder penalty of law, that this document and all z in accordance with a,system designed to assure ? information submitted. Based on mt, inquiry oj ns directly responsible fear gathering the informs and belief true, accurate, and complete. I am M false information, including the possibility offin 14. Annual Administering - i 7he Permittee must pa) billed by the Division., may cause this Divisioi for cause. The filing of a r ante does not stay any permit condition [40 CFR 122.41 (f)], vocation and Reissuance. orTermination tit does not prohibit the, permit issuing authority from reopening and modifying the permit, to permit, or terminating the permit as allowed by the laws, rules, and regulations ,de of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina bchapter 0211 .0100; and North Carolina General Statute 143.215.1 et. al. id Comoliance MonitormjFqeRe uirements I ,he annual administering and compliance monitoring fee within thirty days after being filure to pay the fee in a timely manner in accordance with 15A NCAC 02H .01 05(b)(2) to initiate action to revoke the permit. SeffiNEMMMOMMMOMMUMMOMEM gwriers 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 [T I 5A 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) countersign ed 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 Pe it Standard Conditions Page of18 (3) within seven calendar days of vacancies in both ORC and Back. -up CRC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (car 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 1 A NCAC 08G .0204. The ORC of each Class 11,11I 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. MHOOMM The PeTtee 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 'Pe ittee 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 Pe itteegs staff. . 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 1 2A 1(c)]. 4. BvDassina ofTreatment Faciliti s 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 Penniffee 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 d effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part IIE.6. (2-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, less: (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 al 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; d (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. t NPDFS Permit Standard Conditions Page 8 of 18 (3) The the I (1) of this section. 5. Upsets a. Effect o: noncom] this com caused review. b. Conditir defense evidenc( (1) An u (2) The, (3) The, (4) The, c. Burden, the turd 6. Removed St Solids, sludl shall be mili from such in by the Comr disposal of s n-� 11ro fl- SL or T P( I ines that it will meet the three conditions listed above in Paragraph c. 1: An upset constitutes an affirmative defense to an action brought for that: pset occurred and that the Permittee can identify the cause(s) of the upset; Rermittee facility was at the time being properly operated; and Pennittee submitted notice of the upset as required in Part II.E.6.(b) of this pennit. Permittee complied with any remedial measures required under Part II.B.2. of this permit. )f proof [40 CFR 122.41 m)(4)J: The Pennittee seeking to establish the occurrence of an upset has en of proof in any enforcement proceeding. bstances :es, filter backwask or other trollutants removed in the course of treatment or control of wastewaters s' standby generators or retention of inadequately treated effluent. L 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 122.4 1 2.A*MVN1W@' 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 connnencement 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 I Division of Water Resources 1 Water Quality Permitting Section ATTENTION: Central Piles 1617 Mail Service Center Raleigh, North Carolina 27699--1617 3 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to erasure the accuracy d 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 101% 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 d maintained to ensure that the accuracy of the measurements is consistent ` with the accepted capability of that type of device, e 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 ureters as specified in Part l of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures ilaboratories 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 held the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the E C regulations (published pursuant to NCGS 143- 1 .6 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 ended), 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 [0 CFR 122A] ]. 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 'ned capable of achieving ininitnum, 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 Tam nerira The CWA provides that any person when 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 '$10,00 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 imprisomnent of not more than 4 years, or both [40 CFR 122.41 j> 6. Records Retention Except for records of monitoring information required by this permit related to the Pe ittee's sewage sludge use d 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 A 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 111091201 t f NPfES Permit Standard Conditions Page 10 of s1 S 7. Recordina Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall regard 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. Insiaection d Entry e Perraittee 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 lacy, to; a. Enter, at reasonable times, upon the Pe ttee`s premises where a regulated facility or activity is located or conducted, or where records mast 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)]. Secti© 1. C e in I7ischar e All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge o 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. DAnapd Chan es The Pennittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.4 1 (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 49 CFR 12.42(a)(1); or c. The alteration or addition results in a significant change in the P rmittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of~permit iconditions 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. 1 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 i 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.., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new perrmttee and incorporate such outer requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.611 or state statute. Version 1110912011.1 • N:000�� NPDES Permit Standard Conditions Page I I of 18 als specified elsewhere in this permit [40 CFR 122.41(l)(4)]. scharge Monitoring Report (DMR) (See Part II.D.2) or forms s of monitoring of sludge use or disposal practices. frequently than required by this permit using test procedures Linpling location specified in this permit or other appropriate ilts of such monitoring shall be included in the calculation and the appropriate Regional Office any noncompliance that 4onment. Any information shall be provided orally within 24 ware of the circumstances. A written submission shall also be ittee becomes aware of the circumstances. The written submission ance, and its cause; the period of noncompliance, including exact as not been corrected, the anticipated time it is expected to ce, eliminate, and prevent reoccurrence of the noncompliance [40 kn a case -by -case basis for reports under this section if the oral may also be reported to the Division's Emergency Response 8 or (919) 733-3300. mpliance not reported under Part H.E.5 and 6. of this permit at the [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(l)(8)]. 9. Noncontriliance 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 sILRepo rts 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 NC 143- 215. 1 (b)(2) or in Section 309 of the Federal Act, Version 111091011.1 ' an average annual flow greater than 200,000 allons per day shall provide an annual report to the Pertnit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215, 1 C The report shall summarize the performance of the collection or treatment system, as well as the extent to whiel I facility was compliantWith 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 The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Pernritting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011,1 NPDES Permit Standard Conditions Page 13 of 1 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. . In accordance with.. NCGS 143-215.1(a) [SL 2011 µ394], 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 syste 's or w rk's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or disposeof 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 Pernrittee and approved by that; Division. Section B. GroundwateLA12Aji2jag The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES pennitted facility with the current groundwater standards. Section C. Chanees; in isc ar es of Toxic Substances e Pe : 'ttee 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 y 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 gg/L); (2) Two hundred micrograms per liter (00 g/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 glL) for 2,4-d' `trophenol and for 2-methyl- ,6-diz itrop e ol; and one milligram per liter (1 mg/L) for antimony; (3) Five tunes 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 (00 µg/L); (2) One milligram per liter (I /L) for antimony; (3)' Ten times the aximu concentration valise reported for that pollutant in the permit application. Section D. Facilitv Closure Reauirements The Pe ` `ttee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered y this permit, The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit it cannot be rescinded while any activities requiring this Permit continue at the permitted facility. Version 1 11t12 i. f 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 11 of this permit, the following definitions apply to municipal facilities: Indirect Dischgg�_��� Any non-dornestic 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 0214.0903(b)(1 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. [I 5A NCAC 02H .0903(b)(14)] Egg 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 [I 5A NCAC 02H.0903(b)(23)] Lubliej] Owned Treatment Works (POW) 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)] ISiMificant Industrial User" or "SlU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [ 1 5A 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 POTWs 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 POWs 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 I 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 POWs effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POW'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. Pubficly Owned Treatment Works LPQTW�) Version 1110912011,1 NPDES Perrint Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [off 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; d . Any substantial change in the volume or character of pollutants being introduced by 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 () any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Munici al Control of Pol1lutants from Industrial Users. I . Effluent limitations are listed in Part 1 of this permit, Other pollutants attributable to inputs from. Industrial Users discharging to the POTW may be present in the Pe ittee°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 al l of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Pennittee 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 1 A 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; () 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 (BC) ), 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 (10 ' ) `less the Division, upon request of the POTW, approves alternate tempera limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origins 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 () Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Pennittee shall investigate the source of all discharges into the POTW, including slug loads and either unusual discharges, which have the potential to adversely impact the Pe 'ttee°s Pretreatment Program and/or the operation of the POTW. The Pe tree shall report such discharges into the POTW to the Director or the appropriate Regional Office. y information shall be provided orally within 24 hours from the time the Pe "tree became aware of the circumstances. A written submission shall also be provided. within 5 days of the time the Pe `tree 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 enforc .0906( 5. Indust In aco operat permit condit assure Permil from a detent NCGS 6. Amho The P, Users propo" Indust 215.1( 7. POT)A The Pi appro) Compl Permii a. In b. & P� c. A cc sil e NCAC 02H.0908.[15A NCAC 0214,0906(b)(5) and.0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.121 9. Enforcement Resvonse 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 0211.0909, 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. [I 5A NCAC 02H .0903(b)(7),.0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment AnnuaL Re orts AR The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908 � In lieu of submitting annual reports, Modified Pretreatment Prograrms 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 Peratittee shall submit two copies of a Pretreatment An, nual Report (PAR) describing'its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/201 1� I NC DENR / Division of A Pretreatment, Emergency 1 1617Mail service Center Raleigh, North Carolina These reports shall be submitted by Ma a. ' Narrative A narrative summary detailing acti compliance and to ensure complian b. Pretreatment Pro r Su ary CP A pretreatment program summaryt C. Si�icant Non-Cozntliance Retzo A list of Industrial Users (IUs) in sip nature of the violations on forms of d. Industrial Data Summary Forms (II Monitoring data from samples call+ anal 'cal results must be re rted NPDES hermit Standard Conditions Page 18 of 18 ater Resources ! Water Quality Permitting Section .espouse, and Collection Systems (PERCS) Unit 27699-1617 •ch I of each year and shall contain the following: vith;pretreatment requirements, >) on forms or in a format provided by the Division; NCR format provided by the Division; istrial Data Summary Fortirs(DSF)'or on otter form,,; w or modified enforcement compliance schedules, pit ice of Ullu ' applicable twelve-month period. [I5A NCAC 02H ,0 3(b)(34), .0908(b)(5) and.0905 and. 40 CFR 403.8(f)( )(viii)] 12. Record Kee tzin The Permittee shall retain for a minimum of three years records ofmonitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and skull retain all other Pretreatment Program records as required by 1 A NCAC 02H .0908(f). [15A NCAC 02H ,0908(f); 40 CFR 403.12(o)] 1. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the'objectives of its approved pretreatment progr d retain a written description of those current levels of inspection: [I5A NCAC 02H .0906(b)() and (10) and .0945; 44 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Proz r zs' 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 permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02f l .0 114 and 1 A NCAC 02H .0907. Version 1110912011.1 RCEDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der V art Governor Secretary July 27, 2015 RECEIVEDINCDENRIDWIR Mr. Dan Rakowski, Vice President 2015 Charlotte Knights Baseball Club � 4 S. Mint Street WOROS Charlotte, NC 28202 MOORESVILLE REGIONAL OFFICE Subject. Issuance of NPDES Permit NCO0 973 BB T Ballpark 324 S. Mint Street, Charlotte 2202 Mecklenburg County Dear Mr. Rajkowski: The Division of Water Resources (the Division) hereby issues the attached NPbES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina. General Statute 14-215.1: and the Memorandum of Agreement between North Carolina and the I.T.S. Emvironmental Protection Agency dated October 15, 2007, or as subsequently amended. The Division understands that you have made no significant changes to your facility the last permit renewal. We have made the following updates to your previous permit: • added; updates to facility map, outfall locations and parameter codes * updated limit to 3.3 irg/L for Tetrachloroethene in accordance with, human Health standard. 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. The requirement to begin reporting discharge monitoring data electronically using the NC DW 's Electronic Discharge Monitoring Repora (eDMR) internet application has been added to your PPE, permit. [See Special Condition Am (3n)] For information on e1 NIR registering for eDMR and obtaining an eDN.M user account, please visit the following web page: ht-tp://poi-tal:ncdenr.org/web/wq/adinin/box/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site. http://www2.epa.gov/compliance/proposed-np es -electronic -reporting -rule. 1617 Mail Service Center; Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 Fax: 919-607-6492/Customer Service: 1-877-623-6748 Internet:: ncAater.or An Equal OpportunitylAfflrmative Action Employer Mr. Rajkowski July 27, 2015 Page 2 of 2 If any parts, measurement frequencies, or sampling requirements contained in this penuit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter, Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Sei vice Center, Raleigh, Noi th Carolina 27699-6714. Unless such a demand is made, this permit shall, remain 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 pennits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required, If you have questions, or if we can be of further service, please contactDerek Denard at [derek.de,uard@ncdenr,govj or call (919) 807-6307. espe fully, S. JTay Zimmerman, Actin ector Division of Water Reso es, DENR Enclosure: NPDES Permit NCO089273 (Issuance Final) he: Central Files ec'.11��� ��mecklenburgcountync,govj Aquatic Toxicology Unit/ Susan Meadows [sus,,ui.meadows@ncdenr.gov] Mark McKinnon, Dir. Operations, Charlotte Knights Baseball Club fmarkm@cbarlotteknights.com] P( STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES r-WIN PERMf TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYST (NEDES) . I T-n onmnlinno,- vu4b Ao 0-1— Q+-+,.+- I A'I ')I C 1 1-.'. snit NCO089273 EM and regulations promulgated and adopted by the North Carolina l3rivironmental Management Commission, and the Federal Water Pollution Control Act, as amended, Charlotte Knights Baseball Club is hereby authorized to discharge wastewater from a facility located at the BB&T Ballpark 324 South Mint Street, Charlotte 28202 Mecklenburg County to receiving waters designated as an unnamed tributary to Unnamed Tributary to Irwin Creek in the Catavvba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, and IV hereof The peirnit shall become effective September 1, 2015. This permit and the authorization to discharge shall expire at midnight on June 30, 2020. Signed this day cal 27, 2015. immerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO09927 ITPPI-.RAA NIT TO Pl +PART C[lNIVID CUVT T this facility, whether for operation or discharge are 4+4t111A141 V11 a, 1k.L L411:✓1114.+114a, t.411113, atlu. FIvv1bAV11J 4iGnwiloc6..l. lIvI uIll. Charlotte Knights Baseball Club is hereby authorized to: 1. continue operating a 0.05 MGD groundwater remediation system that includes the following components; ,watering sump pump irge tank with two (2) transfer pumps vo (2) bag filters vo (2) carbon filters 'fluent flow meter r BB T Ballpark, 324 south Mint street, Charlotte, in Mecklenburg County; and Page 2 of PART I A. (L) EFFLUENT LIMITATIONS AND MON [ I 5A NCAC 02B .0400 et seq., 02B .0500 e During the period beginning on the effective date of this peff Permittee is authorized to discharge via Out.fall 001. Such di reported' by the Permittee as specified below: 1 34010 1 Me 3 78389 ty 4 TGP3BI THP3B Peri-nit NCO089273 tING REQUIREMENTS seq.] A and lasting until expiration, the ;charges shall be limited, monitored and, RING RFQUI]IREMENTS lent Sample,, S.Imple CY Type Location Recording Effluent Grab Effluent Quarterly Grab Effluent Alt 011LILLY kii du Effluent Quarterly Grab Effluent Footnotes: I . No later than 270 days from the effective date of this peimit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR application system [see A. (3.)] 2. Flow may be measured using a totalizing flow meter. 3. This sample to be collected concurrently with quarterly Chronic Toxicity. 4. Chronic Toxicity (Ceriodaphnia) limit at 90% with testing in January, April, July and October [see A. (2)]. Conditions: * There shall be no discharge off oating solids or visible foam in other than trace amounts. * Discharge shall show no evidence as a source for oily film or sheen on the receiving strearti, Page 3 of 6 Permit NCO089273 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [I 5A NCAC 02B .0500 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The perinit holder shall perform at a rnininium,ai,rqrt"l monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised-Deceniber 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (DM12-1),for the months in which tests were perfortned, using the paranieter code TGP3B for the pass/fail results and 1111`313 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: -North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 Completed Aquatic Toxicity Test Fort -as shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting ebemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream, ...... jr ...... "-- "... vaur avcv 11-1 -111-1 tit"uju iw%,at-c,u at, watt. LVF "j' L",V' atlud"(,LVA"ALY ktN I) LUSL 101-111 HHoCaung LHC facility name, permit nurriber, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the perinittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. mcmue anernate monitoring requirements or limits. Page 4 of 6 Pennit NC008 2"73 NOTE: failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minin um control organism reproduction and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month .following the month of the initial monitoring. A. (3.) ELECTRONIC PC1►R TING OF DISCHARGE MONITORING PORTS [G S. 14 -1. .1 (l ) Proposed federal regulations require electronic submittal of'all discharge monitoring reports (DMRs) and specify that, if a state dines 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 p n it (Standard C ondi ions for PI)E "Permits): • Section B. (11.) signatory Requirements • Section D. () Reporting • Section D. (6.) Records Retention • Section E. (.) Monitoring Resorts 1. Reportine fSupersedes-Section D. -2. and Section E. _s. a; Beginning no later than 27clays from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electron tally using the NC DWR's Electronic Discharge MonitoringReport (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 st te's eDMR application is compliant with PA's Cross -Media Electronic Reporting Regulation (CRC MER Z), per ittees will be required to submit all discharge monitoring data to the state electronically using eDM,R 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: C DENR / DW / Information Processing Unit ATTENTION. Central Files 1 eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-161 If a permittee is unable to use the eDMR system dine 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 grafted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1 2, 3) or alternative farms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Page 5 of 6 Permit NO 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 d,- facility would be required under this permit to begin using el)MR. Temporary waivers ,shall I for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic re requirements is found on the following web page: http:// ortnl-ncde�nror �/Web/w�c/adm�in/boghpu/edmr Regardless of the submission method, the first DMR is due on the last day of the month follc the issuance of the permit or in the case of a new facility, on the last day of the month follow commencement of discharge, 2. Signatoly Reguirements [Supplements Section JR. (11.) (b) and supersedes Section B. (I All eDMRs submitted to the permit issuing authority shall be signed by a person described it Section B. (I 1)(a) or by a duly authorized representative of that person as described in Part I Section B. (I 1)(b). A person, and not a position, must be delegated signatory authority for c reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR I account and login credentials to access the eDMR system. For more information on North web page: -Ldennor /web/wq/admin/bo /i u/edmr Any person subinitting an electronic DMR, using the state's eDMR system sh ,CCEPTED: ider penalty of law, that this document and all attachments were prepared 1 -- — —1 — -.61—J-1— I— I., --i — —11.1111 ...... tE, Nf t.b4xl4 -V' nes and imprisonazentfor knowing violations. ition [Supplements Section D. 6,11, --.- — I— t. iILIO VY kil UVc, 1-,IIIVL4VI aL a[IY L""Q L�tv 122.41]. Page 6 of 6 .1 >it Charlotte Knights baseball Club BB&T Ballpark remediation site 324 ► th Mint Street; Charlotte 28202 %teceiviaa treaaaaz UT to frw n Creek Stream Class. C Stream Segment-, 11-137-1 Sub- aasiat 03-08-34 i)raauaa a asiaac Catawba 13 C`t 030501030101 Latitude: 360 13' 46" Ltan taade, 80" 50' 55" State C,rid/USGS Quad: GI5NE / Cl arlaatte last, NC NPDES PeitStandard Conditions Page I of 18 PART 11 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 125 1, ct. seq. Annual Avery The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of f coal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values, Amm—ls 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 pertnit, 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 such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the niostappropriate 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 tnethods: (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 1110912011.1 NPDES Pen -nit 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. Pennittees with wastewater treatment systems whose detention nine < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. Pennittees with wastewater treatment systems whose detention nine 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, [wily Discharge "rhe 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. RgAl Sam21 ing 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). QWR 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 Facile Clo�sure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this pen -nit 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 od- 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 instrearn samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part H 6 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. Mondd Average concentration limitJ flic arithmetic mean of all "daily discharges" of a pollutant measured during the calendar.month. In the case of fecal coliforra or other bacterial parameters or indicators, the geometric can of such discharges. Pennit IssuinAuthority The Director of the Division of Water Resources, Quarterly Avery concentration limitle The arithmetic can of all samples taken over a calendar quarter. severe protacrt;dtta 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 �cmicc�ntrafion limit:� The arithmetic can 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 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 pennit termination, revocation and reissuance, or modification; or denial of a pentrit renewal application, [40 CFR 122.41 ]. a. The Pennittee 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 pen -nit issued tinder 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 Pe it Standard Conditions Page 4 of 18 imprisonment of not more than I 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)] c. 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 pen -nit issued under section 402 of the Act, and who knows at that firne 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 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 as permit. [North Carolina General Statutes § 143-215.6A] & 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 at 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 artrount 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 amoum of any Class 11 penalty not to exceed $177,500. [33 USC 13 19(g)(2) and 40 CFR, 122.41 (a)(3)] 2, Duty to Miti-atc 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 burnan 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 p rsuant'to NCGS 143-2153, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Pen-nittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4: Oil and Hazardous azardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Pcrmiftee ,from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NC GS 143- 215.75 ct 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 Iti its The issuance of this pen -nit 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 f 11091 011.1 NPDES Pe it 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]. Duty to Provide Information The Pet mittee shall furnish to the Perant Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to detennine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Pertnittee shall also fumish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9pq!yto Ica t If the Pertnittee wishes to continue an activity regulated by this perm t after the expiration date of this permit, the Pernrittee must apply for and obtain a new pc fit [40 CFR, 122A 1 (b)]. M Expiration of Permit The Penrattee is not authorized to discharge after the expiration date. In order to receive autornatic authorization to discharge beyond the expiration date, the Permittee shall submit such infon-nation, 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 CFI 1212 1 (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. It. Signatory-Requirenients 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 the corporation, or (b) the manager of one or more manufacturin, vided, the manager is authorized to make management decisions 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 pernut and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duty authorized representative of that person. A person is a duly authorized representative only if: The authorization is made in writing by a person described above-, (2) The authorization specified either an individual or a position having re ponsibilityy 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 INI L"Li11 1 C. t: 1111L .]i:i&Ltt M,U-,_kJ11U1UV11 :r Page Ca of 18 c l.N Tl Pt or 1. Pt Tt re cc may cause this Division to initiate. actionto revoke the permit. tltrols re facility, a new authorization the Director Prier to or k cd representative resentative [0 CI«R ,etion shall make the following ON WILL BE ACCEPTED: pat ed under nov direction or ,vigil roper/v gather and as who manage the system, aat- i submitted is, to the best qf no, gtnfica,ntlren alties it ,for Awowing, violations. " ng of a request by the Eotification of planned changes ring and modifying the permit, rules, and regulations he North Carolina owners of c]assrtrect water pollution control systems must designate operators, certitieai by the Water Pollution Control System Operators Certification Commission (WPCSO('C), of the appropriate type and grade for the cyst nr, and, for each classif cation most [T] SA'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 ofthe 'systern, b. designate one; or more Back-up Operator(s) in Responsible Charge (Back' -up ORCs) who possesses a valid certificate of the type :ofthe systern 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 Contrail 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 OR "): 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 change, in the classification of the system requiring the designation of now Operator in responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the ;proper type and grade:; or S 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 11, 111 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 holiday.,; Properly manage and document daily operation and maintenance of the facility Comply with all other conditions of 15A NCAC 08G M04. 2. Proper Operation and Maintenance The Perritittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are instilled 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 pennit [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 Permittec's staff. 3. Need to Halt or Reduce not a Defense reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Rypqssin = cif' Treafinent l acilities a. Bypass not exceeding limitations [40 CFR 122.41(n)(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 Pertnittee 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 Pennittee 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 enforceirictu action against a Pen-nittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of lifc, 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 a. i b. Perron, Issuing Authority determines that it will meet the three 4 i of this section. Df an upset [40 CFR 122.41 (n)(2)1: An unit constitutes an affir NI Page 8 of 18 sidering its adverse effects, if is listed above in Paragraph c. live defense to an action brought ror ,ie requirements of Paragraph b, of iubject to judicial defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that-. (1) An upset occurred and that the Perraittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Pennittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Pcrmittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6Removed 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 CFI 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 lieitIssuing Authority of any significant change in its sludge use or disposal practices. T Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .O 124) 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. Monitorine and Records 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 pen -nit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestrearn, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Pen -nit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous months) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (I)MR) Form (MR 1, 1 : 1, 2, 3) or alternative fortus, 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 oft e month following the issuance of the pen -nit or in the case of a new facility, on the last day of the month following the cornmencement 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 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% 1rom 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.ncdetir.org/web/Wq/lab/cett,) for inforaration 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. scif), 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 1,36; or in the case of sludge use or disposal, in this permit [40 CFR 122A 11 > he intent of the monitoring required by this permit, all test procedures must produce mininitur ting levels that are below the permit discharge requirements and all data gener"ated must be rel umum detection or lower reporting level of the procedure. If no approved methods are determ ,f achieving minimum detection and reporting levels below permit discharge requirements, the (method with the lowest possible detection and reporting level) approved method must be usc4 f0L1qMpqfipg k provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any n method required to be maintained tinder this permit shall, upon conviction, be punished by a f 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 instrunrentation 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 CFI 122.41]. Version 1110912011,1 NPDES Permit Standard Conditions, Page 10 of 18 is for each measurement or sample taken pursuant to the requirements ofthis permit, the Pcr'ttee shall record the following information [40 CFR 122.4 1] - a. The date, exact place, and tulle of sampling or measurements; b. The individual(s) who perfon-ned the sampling or measurements; c. The date(s) analyses were performed; d. The individuals) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses, 8. Juspection and Entry , Fhe Perritittee 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 Permittec'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 & Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as othcnvise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E RKpqtjjpgRc a nts L Quirige 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 Chan ye s 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 Pennittee'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 pen -nit application process or not reported pursuant to an approved land application plan. 3. Antici red Noncom fiance 2a the Perraittee 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 perrmt [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 12161. The Director may condition approval in accordance with NCGS 143-215. 1, in particular NCGS 143-215. I(b)(4)b.2., and may require modification or revocation and eissuance of the permit, or a for modification, to identify the new pennittee 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 . I NPDES Permit Standard Conditions Page I I of 18 5. Monitoring JReports 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 11,132) or forins provided by the Director for reporting results of monitoring of sludge use or disposal practices. li. 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 perraft 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 Floor Reporting a, The Permittee shall report to the Director or the appropriate Regional Of 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 Pertnittee 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 nonconipliance 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 12141(1)(6)] b. The Director nray 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) 733-330(1, 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported wider 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 ILE.6. of this permit (40 CFR 12141(1)(7)]. 8. Other Information Where the Pen-nittee becomes aware that it failed to submit any relevant facts in a per 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 CF`R 122.41(1)(8)]. 9. 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 purnfis, 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 Rep�rts 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. I NPDES Permit Standard Conditions Page 12 of 18 It. Penalties for Falsification of Report,,; 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 1,22.41 11 Annual Performance RO. orts Pertnittees 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 (NO3S 143-215. IC). The report shall summarize the perfortnance 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 qpon which annual period is used for evaluation. The report shall be sent to: NC DEN R / Division of Water Resources / Water Quality Permitting Section AT FENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 1 PART III OTHER E UI EN`T Section A. Construction a.. The 'enmtittee shall not commence construction of wastewater treatment facilities, ties, nor add to the. Plant's 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 Pe ` ittee is exempted from such AtC permit requirements under Item b. of this Section, b In accordance with NCGS143-215. l(a) [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 wor ks 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 Pernittee and approved by the Division, Section B. GroundwaterMggj!ftKjgg The Pernrittee 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 ►s h r egs of l':o2xic Substances The Pe ` ittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CF R 122a42). 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: pernift, if that discharge will exceed the highest of the following "notification levels'"; (1) One hundred micrograms per liter (1 0 gg1L), (2) Two hundred micrograms per liter (2110 gg/L) for acrolein and ac ylonitr le, five; hundred micrograms per liter (00 gg/L) for 2,4-di itrophenot and for 2-t methyl-4,-dinitrophenol; and one milligram per liter (I m f /L) for antimony; (.3) Five tunes 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 toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/L); (2) One milligram: per liter (I mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the pet it application. Section D.aiit (sur c uire sots The Pennittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this pen -it. 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.I NPDES Permit Standard Canditiol;s Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part Il'of this permit, the following definitions apply to municipal facilities - Indirect Discba.r c or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 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 Pennittee's (or any satellite POTW's if different from the Pernrittee) NPDES, collection system, or ruln-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits, [I 5A NCAC 02H gn 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 P0,rwsi, if differentfrorn the Permittee) NPDES, collection system, or non -discharge Publiclv Owned Treatment Wprks_(P0TW) 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. 'rhe terrn 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 tile owner of the POTW Justrial User" or "SlU" (ser that discharges wastewater into a publicly owned treatment works and it an average of 25,000 gallons per day or more of process wastewater to the, cooling and boiler blowdown wastewaters); or process wastewater which makes up five percent or more of the NPDES m ^ arges. This second type of OTW (excluding sanitary, non -discharge pennitted ,ting any pretreatment standard or requirement, or the POTW's effluent non -discharge pennit, or to limit the POTW's sludge disposal options; .0907(b), the Peffnittee may detertnine that an Industrial User meeting rition above has no reasonable potential for adversely affecting the ,-eatment standard or requirement, the POTW's effluent limitations and wrtnit, or to limit the POTW's sludge disposal options, and, thus is not a iproval under 15A NCAC 02H M07(b), the Permittee may detennine that an Industrial User incefing n paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a ant categorical Industrial User. Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 1 All POTWs mint provide adequate notice to the Director of the following [0 CFR i ; 2(b)]: I 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 ofCWA if it were directly discharging these 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 PO` W, Section C. nici � t +u rtri caf Pcai tams rtarri lxcda str tilers. I 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 Perini e"s discharge. At such time as sufficient inforanati in becomes available to establish limitations for such pollutants, this pe '. it may be revised to specify effluent limitations for any or all of such either pollutants in accordance with Best practicable technology or water quality standards. 2 Prohibited Discharges . The P' ittee 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 defused in 15A NCAC 02H .0900 and 40 CFII. 403. [40 CFl2 4 .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 [0 CFR 403. (b)]: (1) Pollutantswhich create a fire or'explosion hazard in the POTW, including, but not limited to, wastestreains 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 daanage to the POTW, but in no case discharges with pH. lower than 5.0, unless the works is specifically designed to accommodate such discharges; () 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 (BOO etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the PO`fW; (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 Pam Treatment Plant exceeds 40'C (I04" 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 es within the POTW in a quantity that may cause acute worker health and safety problems; or (S) Any trucked or hauled pollutants, except at discharge points designated by the POTW. . The Pentrittee shall investigate the source of all discharges into the POTW, including slug; loads and either unusual discharges, which have the potential to adversely impact the Pe `nittee`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 Pennittee 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 tunes; it the discharge has not ceased, the anticipated timc it is expected to continue; and steps taken or planned to reduce; eliminate, and prevent reoccurrence of the noncompliance; Version 1110 12011. 1 NPDES Pen -nit Standard Conditio�s Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Pennittee 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 Penniftce may be necessary regarding some or all of the industries discharging to the municipal system. 4� The Permittee shall require any Industrial User (11J) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as arnended (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 Pertnittee 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 121440)(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. SgEfiqft_p���� 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 0214 .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreaft-trent program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Pennittec shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 022H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment prograin 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 11 or Part IV of this Perron are as defined in 15A NCAC 02H .0903 and 40 CFR 403.1 1 . Sewer Use Ordinance 'StJn fhe Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 0211.0903(b)(32),.0905 and .0906(b)(1), 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 1 Industrial Waste Surve j LIWS) rhe 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 122.44(j)(1)], 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 hrorn 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 Pennittee with an approved Pretreatment Program. The Permittee shall submit a surmnary 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 (his Part. [I 5A NCAC 02R,0903(b)(I 3),.0905 and.0906(b)(2); 40 CFR 403,8(f)(2) and 403 �91 3. Monitorunz, 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 bereported on the DMRs (as required by Parts ILD and II.E.5.). [15A NCAC 02H .0903(b)(I 6),.0906(b)(3) and.09051 4� Readworks Analysis LHWA) 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 Pennittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated FlWA, or documentation of why one is not needed) [40 CFR 122.44]. The Pennittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 0211.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403,5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 OWWA 7***A aAf : � W6VER North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 3, 2015 r. Dan Rajkowski, Nice President Charlotte Knights Baseball Club 324 S Mint Street Charlotte, NC 2820 Sutject: Draft NPDES Permit NCO084273 lBT Ballpark. 324 S. Mint Street, Charlotte 28202 Mecklenburg County Dear Mr. Rakowski: In response to your request to renew the subject NPDES permit, the Division of rater Resources (DWR or the Division) hereby transmits this draft for your review and comment. Phase review this document to assure your understanding of the permit limits and monitoring conditions, and to correct errors, if any, The Division understands that you have made no significant changes to your facility the last permit renewal. We have made the following updates to your previous permit: • added updates to facility map, outfall locations and parameter cedes • updated limit to 3.3 µg1L for Tetrachloroethene in accordance with human health standard. Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMR) 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. The requirement to begin reporting discharge monitoring data electronically :sing the NC DR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NP'DES permit. [See Special Condition A. (1)] For information on eDMR, registering for eDMR 'and obtaining an eDMR user account, please visit the following web page: htt .// ortal.ncdenr.or web/w /admi /bo i u/ dmr. For information on PA's proposed NPES Electronic Reporting Rule, please visit the following web site: htt ://www2.e a. ov/com liance/ ro osed-n des -electronic -re ortin -rule. 1617 Mail Service Center, Raleigh, North Carolina 2769 -1 1 Phone: 12-607-63 01Internet: wwv.ncwaterquality.or€ An Equal Opportunity `. Af miative Anion Employer= Made on part by recycled paper Mr. Rajkowski June 3, 2015 0 1 of1 - Permit NCO 273 STATE OF NORTH CARt LINA- DEPARTMENT" OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES nntmeDSNRIDWR t IF""ERMI"' 2015 WOROS TO DISCHARGE WASTEWATER UNDER THE MOORESVILLE REGIONAL OFFICE NATIONAL POLLUTANT DISCHARGE ELIMINATION INATIt N SYSTEM ( DES) y#`j In compliance with the provisions of North Carol and regulations promulgated and adopted by the Commission, and the Federal Water Pollution Co Charlotte Kni is hereby authorized to 1 F iz1x gg ina Gen �4-15.1, other lawful standards North ��ia En mental Management �,, ntpq x , a amende��4�Y, t as wasteflit located the x ti M1Tlt x x `1\ti�tNiz'^xjia$;,zwx to recevin s �d�e as amed aL y at 2822 Cou ,fi Wrina ed Tributary to Irwin Creek in tl �� �a conditions s h in Parts I, �1, an 4t ereof. M z i 7ry The pen -nit shall be £ t cave 2015. x This permit and the authorizatI 'To discharge shall expire at midnight on June 3 0, 2020. Signed this day 12015. S. Jay Timmerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page i of Permit NCO089273 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued pen°nit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Charlotte Knfights Baseball Club is hereby authorized to. 2 j 1. continue operating a 0.05 MGD groundwater remedia that includes the following components; .. I t • dewatering sump pumpC 5 • surge tank with two () transfer pumps` �y le sY} • two (2) bag filters r • two (2) carbon filters • effluent flow meter�� i f located at BB&T Ballpark, 34 South Story ` rlotte, 1�eclenbrg County; and G",� 2. discharge from said treat` t ` 1 %wo C7utfall at a location specified on the attached map, into an unna to Ir Se t I 1-137-1 ], currently a Class C watrbody y,.. within �n �H �05010� aba river Basin p Y Y1 z Page 2 of Permit NCO089273 PART I A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et secs, 02B 500` t seq. During the period beginning on the effective date oft is permit and lasting until expiration, the Permittee is authorized to discharge via Outtall 001. Such discharges shall be limited, :monitored and reported' by the Permittee as specified below: 50050 0.15 MG11 Solids (mg1L) C0530 30.0 mg/L (jig#L) 34010 •oetbene 3 78389 VI-) — oxicity TGP3B „ 4 \ (" )] 2. u Flow may be measur . This sample to be cotl 4. Chronic Toy,t ( �t t [see A. a =ty�j There shall �d Discharge shall she U tenuous Recording Effluent L ly Grab Effluent Qua` Grab Effluent �Lgf1. Monthly Grab Effluent ' Quarterly fxrab Effluent f�t ti � 3�Y `..tS yl Nei llY x } ae .s �ng a to ing flow ✓e�tz� qq oncu`'; tly with q rly Acute: Toxicity. rcd � � wt��sting in January, April, duly and October e of 'YL nl; srf� or visible foam in other than trace amounts. Permit NCO089273 A. (2) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [1 5A NCAC 02B .0500 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriod daphnia dubiu at an effluent concentration of 0 . The permit holder shall perform at a minimum, gyyEtj r monitoring using test procedures outlined in the "North Carolina CeriodalAnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised- December;2010) or subsequent versions. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three-month toxicity tesun z u er assigned to the facility. Effluent sampling for this testing must be obtained during. representat�v� cent discharge and shall be performed at the NPDES permitted final effluent discharge below all ment processes. Y} 1 If the test procedure performed as the first test of any; si le 'darter tts in a failure or ChV below the permit limit, thenmultiple-concentration testing shall formed at imu , in each of thetwo following months as described in "North Carolina jr,Chronic 'Whop went Toxicity Test Procedure" (Revised -December 010) or subseque rsions. t st All toxicity testing results required as partoftis permiton� n �g entered on the ent Discharge �7�r Monitoring Form (D1viR-1) for the months �S�i�h tests wered, using the parainetr code TGP3B for the pass/fail results and THP3I1 for the Chrot � ' Additional R Form AT- (original) is to be sent to the following address: "a", al Attention 3 , It C� tt� ivision� `eater Resources zt�r Scie onlAric Toxicology Branch ti 16 ;Yti� s tv All,,",", k1Ce v U, Ralei �rtIt Carohrta..17699-1 23 Completed Aquatic Toxicity THe Water Sciences Section no later than30 days after the end of the r pd for red xnad ` 33s44tr A"I'(UN 3 Test data s ` e complete, a e into ' all supporn`chemicallphysicalmeasurements d all concentratiriff jpnce data ancf ��rtlfie�iVlaboratory supervisor and O or approved designate signature. Total residtaal C ��e of the efflux"��xicit s le must be measured and reported if chlorine is employed for disinfection of the stream. t, Should therebe no is j of flaw f the facility during a month in which toxicity monitoring is required, the permittee will co lete 0 n located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, 1 der, county, and the month/year of the report with the notation of" o Flow" in the comment area cif the i Sri. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is biased on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. Page 4 of 6 Permit NCO08 273 Non: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3 ELECTRONIC REPORTING OF DISCHARGE CAE ONITORINC PORTS [G.S. 1 3- .1( )] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to reserves submittals, then permittees must submit DMRs electronically to the Environmental Protection (EPA}. The Division anticipates that these regulations will 'be adapted and is beginning it pl ron in late t113. ytf t MOTE. This special condition supplements or supers the folloW`i :sections within fart 11 of this permit (Standard C onditi s forF tVPDES Permits): , 3 • Section D. (11.) Signatory Requirements r • Section D. 2.) Reporting , • Section D. (6.) Records + Section E. (5.) Monitoring Re p F s ;1 1. Re ortin Su` erred s Section D. 2. Sec S. SMr-5 i . r r, : . r 1,k �"e il i � 1 111U� t p. v S `r a'12 1 � � 1 reporting discharge '�` � torrng electron d���g the �. { WR' Electronic Discharge Monitoring Report ( 5 3) intern pplicatrofQ, Monitorib us rrrn �#i(s) shall be summarized for each month and t> }y submits �a �a rng R. To em allows permitted facilities to enter monht data and su Mid troniing the Internet. Until such time that the state eDMR 's Cross -Media. Electronic Reporting Regulation (CROME 'I'll"" errnittees wr in submit all discharge monitoring data: to the state electronically ��� e1MR anc ll b rcired to complete the eDMR submission by printing; signing, and sit r gone sr u original and a copy of the computer printed eDMR to the following address '� 3 l NC DENR 1 DWR /info ti Processing Unit ATTENTION Central Piles / eDMR 1617 Mail Service Center Raleigh, North Carolina 276-1617 If 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. Page 5 of 6 Permit NCO089273 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 pertnittee re -applies for and is granted a new ternporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDFS electronic reporting requirements is found on the following web page: hnn-H r)ortal.ncdenr.org/ b/wq/admin/bo2/it)u/edmr ,w -e JAW, d Regardless of the submission method, the first DMR is du I'll," - f7ie' last ay of the month following the issuance of the permit or in the case of a new faciliMil-2*11"'., ast day of the month following the qml commencement of discharge. ............ person, W V A . I ... ig mit issuing a4 shall be signed by d" V 'I ,,, on desc IX authorized repres31" b d i .,person as n a y� . . ... . . . 11"A account and login credenti , . . . .. .. �o access thiW,,.,M For ftW information on North P Carolina's eDMR sys ng for e R an an, SWR user account, please visit molk the following web p 0") wt# "D 211) httD:Hoortal.nedenr.or26&44Wci/a IS 'rr* degg,", R using the states eDMR system shall make Cernfl; ag an e, c the fig certific ij 2.22]. ER STATEMENTS OF CERTIFICATION WILL CCEPTE certify, u n & y of I nalt ument and all attachments were prepared under my direction or supc% ats in acc cc with a,�ystem designed to assure that qualified personnel INg"magn, properly gather ands t, w-mation submitted Based on my inquiry of the person or persons who manage r those persons directly responga sible,for thering the injim )ration, the it?formation submit 1t1 e best of my knowledge and beliqf, true, accurate, and complete. I am aware that there fire sight icant penalties far submittiogjalse inormation, including the possibility of fines and imprisonmentfir knowing violations. 3. Records Retention I Isupulements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at anytime [40 CPR 122.41]. Page 6 of 6 Charlotte Knights Baseball Club BB&T Ballpark remediation site 3254 South Mint Street, Charlotte 28202 ecewffiisi*am: UT to Irwin Creek atream Class, C Mecklenburg County DE R 1 DWR J NPDE EXPEDITED FACT SHEET - NPDES PERMIT DEVELOPMENT NPDES Permit NCO08927 Derek L enard, Compliance & Expedited Permitting Unit 1919- 07-6307 04lun2015 Charlotte Knights hts Baseball Club/ BB&T BallPark 324 S. Mint Street, Charlotte, NC 28202 324 S. Mint Street, Charlotte, NC 28202 U5 MGD 100% Industrial Groundwater Remediation Discharge Not classified Mecklenburg Renewal MR ? f 1 f y t t UT to Irwin Creek � � ; ' , ' C [ 11-137-1 Catawba s ey.t„ 0 0-0-4 w *, tttUlTI: fish tiss e 4 litt'iCUiV`>C1QC1s}l. CO2?iZ.il, UCI l community, ', Cu 0 �.r;i G15NE 100% har-IC1tte East, NC Facilit Surma This facility is an industrial facility (flow <1 MGD) with groundwater remediation discharge. The design capacity of the treatment system is 0.050 MGD. No significant changes have been made to this facility since the last permit renewal other than the location ofOutfa l 001 changing to a stormwater inlet basin located along the southeast side of South Graham Street. The facility consists of the following wastewater treatment units • dewatering;sump pump • surge tank with two () transfer Mumps • two (2) bag filters • two (2) carbon filters • effluent flew meter Monthly avera e FLOW (MGD) — Last 24 months F62013-F62015 that discharge occ red: [Ave 0.012 MGD; Maximum, Monthly average flow - 0.020 MGD; Minimum, Monthly average flow = 0.001 Toxicity — This permit requires Whole Effluent Toxicity (WET) testing using C r'iodaphnia dubia to be performed as a -day pass/fail test at 0°fps effluent concentration„ during January, April, July and October r [TGP3B]. Quarterly WET testing indicated a 100% passing rate for two years (8 tests) (Apr 013- Ja2015). 1 F cne, al 2015 -- NPlVS Pc,rrn4 "ti `0089?73 I „�I Compliance History -- The facility had a monitoring violation for late/missing D R for May 2014 and multiple NODs for flow monitoring frequency. For Renewal -- This permit reflects discharge at Outfall 001, • added updates to facility reap, otfall locations and parameter codes • updated limit to 3.3 ligjL,` for Tetrachl roethene in accordance with human health standard (HH) • added Electronic Reporting - Discharge Monitoring Reports page Section A. (3.). Stream — Discharge from WWTP for Outfall 001 is into an unnamed tributary to Irwin Creek [Stream Segment 11-137-1]. The segment is listed as "impaired" for fish tissue mercury, poor fish community, , pH and Cu in the 2014 North Carolina Integrated report and 30 (d) list. RPA — A Reasonable Potential` Analysis ( A) was not conducted can effluent parameters because Discharge Monitoring Reports (DRs) reported concentration below method -detection levels (MDL,) for the past two (2) years (F62013-F6201 S) of data. �'actSheo "age North Carolina Dopar Pat McCrory Cuvemor Mr, Dan Rajkowski, Vice President Charlotte Knights Baseball Club 324 South Mint Street Charlotte, North Carolina 28202 Subject: Reissuance of Notice Tracking Number: BB T'Ballpark remeC NPDES Permit NCOC Mecklenburg County ©ear Mr. Rajk wski: Postal Service;. if you have questions please do not hesitate to contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerer, WIN wara onl Supervisor Operations Section arces, NCDENR Enclosures: NOD-2015-M -0059 cc; R. Rozzelle, MCWQP Wastewater Branch MSC 1617 - Central Piles Easement Mooresville Regional Office Location: 610 East SenterAve,, Suite 301 Mooresville, NG 28115 Phone: (734) 663-16991 Fax: (704) 663-66461 Customer Service, 1-877-6 3-6748 lntemet: hit :1i rtal.ncdent.or twebtw An EqualOpportunity tAffirmative Action 'Employer— 3011%Recycledli01/6 Post GOnsumerpaper :� _741• ilt!AU.0.00 imm I LE„ NOW ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaatt Governor Secretary April 15, 2015 Mr. Dan Rajkowski, Vice President Charlotte Knights Baseball Club 324 South Main Street Charlotte, North Carolina 28202 Subject: Notice of Deficiency — Monitoring Limitations Tracking Number NOD-2015-MV-0059 BB&T Ballpark remediate site NPDES Permit NCO089273 Mecklenburg County Dear Mr. Rajkowski: A review of the May 2014 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Monitorinci Requirement 5131/14 TSS None Monitor once per month 5/31/14 Tetrachloroethene None Monitor once per month Deficiency. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. Thank you for your attention to this matter. If you have questions concerning this matter please do not hesitate to contact Ms. Allocco, at (704) 235-2204, incerely, Mi chael L, Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: R. Rozzelle, MCWQP Wastewater Branch MSC 1617 — Central Files Basement MA Mooresville Regional Office Location: 610 East Center Ave„ Suite 301 Mooresville, NG 28115 Phone: (704) 663-1699 k Fax: (704) 663-6040 It Customer Services 1-877-623-6748 1 Internet. tiff L//portal.ncdenrorq1web/WA An Equal Opportunity \ Affirmative Action Employer — 30% Recycled/1 01/6 Post Consumer paper March 20, 201 Ms. Sonia Gregory, Environmental S ecii Street ..h Carolina Amee Faster Whe -egory- th of 001 was recently Im RECEIVSDINCDENR/DWR MAC WOROS all MAR 2 5 Water Permitting i4-0166 Please contact us at (704) 387-8600 if you have questions concerning this renewal. Sincerely, Amec Faster Wheeler Environment & Infrastructure, Inc. ..x r: ,z Beth Howard Robert C. Faster, L.G. Staff Engineer Associate Geologist Enclosure Cc. Mr. Mark McKinnon, Charlotte Knights Corres ondencei Amee Foster Wheelet Environment & Infrastructure, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina 28208 ww "'Intect'w.coast Tel 70 -:357-8600 Fax 704-357-8638 Lieensures; NC" Engineerits l =125 , Geology C-247 NPDES PERMIT APPLICATION - SHORT FORM C - GW For discharges associated with groundwater treatment facilities. Mail the complete application to: RECFjVFj)jNCj)E14R1DW11 N. C. Department of Environment and Natural Resources 2015 Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 WoRos ES Permit Number F?�C00P�2__ MOORF_SV I LLS RF C,10NAL OFRM NPD T3_._:�:] 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 Knights Baseball Club Facility Name BB&T Ballpark Mailing Address 324 S. Mint Street City Charlotte State / Zip Code NC 28202 Telephone Number (704)357-8071, ext. 8194 Fax Number (704)274-8330 e-mail Address markm@,charlotteknights.com 2. Location of facility producing discharge: Check here if same as above Z Street Address or State Road City State / Zip Code County Mecklenburg 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Charlotte Knights Baseball Club Mailing Address 324 South Mint Street City Charlotte State / Zip Code NC 28202 Telephone Number (704)357-8071, ext. 8194 Fax Number (704)274-8330 4. Ownership Status: Federal El State El Private 1z Public E] Page 1 of -3 C-GW 03/05 NNPDES PERMIT APPLICATION _ SHORT FC For discharges associated with groundwater treatrnei RMC -GW t facilities. S. Products recovered: Gasoline ❑ Diesel fuel Solvents Other 6. Number of separate discharge points. 1 ©utfall Identification number(s) QO 7. Frequency of discharge: Continuous E] Intermittent ; }` If intermittent: Days per week discharge occurs 7 Duration: _ Varies S. Treatment System Design flow 0,03 ___MGD 9. Name of receiving stream(s) (Provide a map showing the exact location of"each rutfall including latitude and longitude): Tributary of Irwin Creek 10. Please list all additives to the treatment system, including chemicals or nutrients, that have the potential to be discharged. Coconut Shell Carbon 11. Is this facility located. on Indian country? ;(check one) Yes 1:1 No Z 12. Additional Information All applicants (including renewals): s A USGUSGS topographical map (or copy of the relevant portion) which shows all outfalis A summary of the most recent analytical results (effluent data, if available) containing the maximum values for each chemical detected NEW Applicants wanly. > Engineering Alternative Analysis v Description of rerne iation treatment system components, capacities, and removal efficiency for detected compounds. s if the treatment system will discharge to a storm sewer, written approval from the municipality responsible for the sewer. > A list of any chemicals found in detectable amounts at the site, with the maximum observed concentration reported for each chemical (the most recent sample must be collected less than one year prior to the date of this application) > For petroleum -contaminated sites - Analyses for Volatile Organic Compounds ( OC) should be performed. Analyses for any fuel additives likely to be present at the site and for phenol and lead should also be performed. s For sites contaminated with solvents or other contaminants - EPA Method 6 4/625 analysis should be performed. Page 2 of 3 C-GW 03/05 it PERMIT APPLICATION - SHORT FORM For discharges associated with groundwater treatment facilities. 13. 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. bill Title 4igWnatu'i;e---0f pplicah . Date North Carolina General Statute 1,43-215,6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers 1xith, or knaAdrigly 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 LJ.S,C, Section 1001 provides a punishment by a fine of not more than $2 5,000 or imprisonment not more than 5 years, or both, for a similar offense.) C-GW 03105 Pas ,e 3 of 3 * Outfall00I Site RCE. USES 7.5-Minute Quadrangle, Mecklenburg NC. amec foster wheeter 'ABED d DATE f0/1 CHECKED DATE y/ (�/ KE B R 3/20 15 September 2, 21 Mr, Derek Renard Point Source Branch Surface Water Protection Section Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27 99-1 1 Subject: Delegation of Signature Authority Ballpark 324 South Mint Street Charlotte, North Carolina NPDES Permit NCO089273 Mr. Jenard - By notice of this letter, l hereby delegate signatory authority to each of the following individuals for all permit applications, discharge monitoring reports, and ether information relating to the wastewater treatment- and discharge operations at BB&T Ballparkas required by all applicable federal„ state, and local environmental agencies specifically with the requirements for*signatory authority as specified in 15A NCAC 2.00. Rob foster ;ssociste Geologist Name Title If you have any questions regarding this letter, please feel free to contact me at 704-27 - 9, Sinceely, Dan Rajkorski Executive dice President/ COS cc: DW , Charlotte Regional Office, Surface Water Protection Section Technical Assistance and Certification unit � lplhk LAbORATORI*ES, INC* Anolyfical/Process Consultations �'it�sxxcte'�s y 2, 2015 t orknnont Roam ion: Hunter dicks icnl Anallsis for Selected Parameters and Sampling Location Identified as 88&T Ballpark l ne us Effluent hers Unit Results r ! L <5.0 'ample Number: 801762 Mnlleeled 1 11 /1 oll cted. 1100 milligrams per Liter = parts per million = Less than or Below Detection Limit I-AbORATORiES INC. Analytical/Process Consultationsc r ?mx al Analysis for Selected Parameters and Water Sample Identified as .BB&.T Ballpark 4MEC=Charlotte Project collected 18 December 24I4 Volatile Organics Quantitation Effluent EPA, Method 601 Limit Parameter flagaa LK19D retrachloroethene 0.001 ]SQL dilution Factor 1 Sample Number 801762 Sample Date 12/1 / 4 5ampie Time (hrs) 1100 ng/L = milligrams per Liter = parts per million (pp QL = Below Quantitation Limits Research & Analytical Laboratories, nc. CHAIN OF CUSTODY RECORD Analytical Process Consultations Phone (6) 996-: 1 Water Wastewater misc. Com aa;y A I BB& T`a Ballpark Job No. Street Address liras Project Monthly Sampling City, State, Zip Sampler Name lens ring , Contact Phone Sampler Sl artur SAmple Naaa her Temfa lies. Chlorine Sample 0 iir Efate Time Comp Graft � Removed Matrix Sample Location l LD Cl. (Lob Use Only) C or N S or 1 Requested rraal srx l `t 1 Effluent 4 f See temarks 'TB T Relin is By i - D teffime Received Rem ` kst 'T'et aehloroethene, TSS dr ail r i` olaatiles by method ht 1) Relinquished By Date/Time ftece rt By On tee Sample Temperature at receipt ��� °C ALE A. * w., t i`i 17, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Jahn E. Skvaria, lii Governor Secretary August 1, 201 CERTIFIED MAIL 7013 - 630-(001- 98-0614 RETURN RECEIPT REQUESTED Mr. Dan Rajkowski,'.Vice President Charlotte Knights Baseball Club 24 South Main Street Charlotte, North Carolina 28202 Subject: NOTICE OF VIOLATION BB .T Ballpark remediation site NPDES Pen-nitNCO089273 Mecklenburg County NOV- 14-LR-0034 :near Mr. Rajkowski` This is to inform you that the Division of Water Resources did not receive your monthly monitoring report for May 2014. This is in violation' of Part 11, condition D(2) of the LA DES permit, as well as 15A NCAC> 2B .50+6(a), which requires the submittal of Discharge Monitoring Reports n, o later than the last calendar day ` to the re ortin period. Failure to submit reports as required will subject the violater to the assessment of a civil penalty of tip to $25,000 per violation. You willbeconsidered noncompliant with the self -monitoring requirements of your NPDE S permit until the report has been submitted. To prevent further action, please submit said report within fifteen (1 )clays of'receipt of this notice. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required tune frame during the next t� lve re ofttin rtr ntl s. 'The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water- duality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact me at 919-807-6307 or via e-mail at derek.denard@ncdenr.gov. Since ely, John Hennessy Division of Water Resources, NCI7ENR cc, Robert C Foster, Charlotte Knights ;Baseball Club, 2280 Deerfield Dr., Fort Mill, SC; 29715 Derek Denard, Compliancy & E,p dited permitting Unit WWRA' r ll Regional Office Supervisor, Surface Water Protection Section Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Phone, 919-807-6300 \ Internet: http:/A ,ncw terqualityorcgt An Equal Opportunity t Atrirrnative Action Employer- Made in part by recycled paper • .. Mr, Dan Ratkowski, Vice President Charlotte Knights Baseball, LLC 324 South Mint Street Charlotte, North Carolina 28202 Subject: Notice of Tracking BB �T BaIO NPFB Pe Mecklenbur Dear Mr. Rajkowski: review of the July 2013 self -monitoring report for the s following parameter at Outfall 001: ©ate Parameter Reported Value 611/13 Flow None 6/2113 Flow None 6/3/13 Flew None 6/4/13 Flow None 6/5/13 Flaw None 6/7/13 Flaw None 618113 Flew None 6/9/13 Flow None 6/10113 Flow None 6/11/13 Flaw None 6/12/13 Flow None 6/13/13 Flaw None 6115/13 Flow None 6/16/13 Flow Norte 6/17/13 Flow None 6/18/13 Flow None 6/19/13 Flow None 6/21/13 Flow None 6/22/13 Flog None 6//13 Flow None 6/24/13 Flow None 6/25/13 Flow None 6/26/13 Flow None 6/27/13 Flow Nome 6/28/13 Flow None Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NO 28115 Phone: (704) 63-1699 t Fax: (704) 663.6040 t Customer Service:1-877-623-6748 Internet: http:llportal,ncdenr org?web/wq An Equal Opportunity,, Affirmative Action Employer - 30% Recycled,110off Rost ±nor surner paper Per No. NCO089 73 g County ubjet facility revealed violations of the canitoring Regu rement Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous Continuous One NorthiCarolina Natyrally Mr. D. Raikowski, B8,&T Ballpark NOD-2013-MV-0069, Page 2 November 12,2013 Date Parameter Reported Value Monitoring 6/29/13 Flow None Con 6/30/13 Flow None Con t;f I ICU101 CKAIVI 1b, 11 1 IUL d1l violation. Unre4olved viol, of civil penalties by the M This Of attempted to c( went unanswered. If the v submit an amended DIVIR the Notice of Deficiency. F letterhead address. Thank you for your attentic for a SOC, please do not 1- cc. Point SourcE 1,±gMirement luous luous Michael L.;Parker Regional Supervisor Water Quality Regional Operations Section North Carolina Department o" Division of -ory Charles' Wr n V r L January 11, 2013 JAN 2 5 2013 a�-,Qi�StirfacQ, Vice President 1)x watc, PlotectiOrl seC6011 0jkowski, Ashcvdle tte""ienal Office Cnights Baseball, LLC ield Drive 'C, 29715 Subject: Issuance of NPDES Permit NCO089273 BB&T Ballpark Groundwater Remediation Mecklenburg County Facility Class I Ajkowski: the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between No Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently anriended). The Final Permit has no significant changes froin your Draft Permit. If any parts, measurement frequencies or samplitig requirements contained in this pertuit are unacceptable to you, you have the tight to an adjudicatory heating upon written request within thirty (30) days following -receipt of this letter. This request must be in the form of a written petition, confcirm:irqg to Chapter 150B of the No 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 teissuance 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 pert -nits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or 1617 Mail Service Center, Raleillh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 Internet: ww.ncwaterauaIitv.oro One An Equal Opportunity \ Affirmative Action Employer NofthCarolina Nahoully S1 DIVISION OF W4 PER TO DISCHARGE WAST Charlotte Knij BB&T 324 South ChE MecIdenb Permit NCO089273 LIMA re Statute 143-2 15. 1, other lawful [ by the No Carolina Environmental llution Control Act, as amended, aseball Club facility located at the ark street runty The permit shall become effective February 1, 2013. This permit and the authorization to discharge shall expire at midnight on June 30, 20 IS. Signed this day January 11, 2013. GarlesWakild P.E., Director Division of Water Quality By Authority of the Environmental Management Commission A ii 1 T+`.rVTJTV.N'P TIM'T'TATU"INA ANTE MnXT' eta.())• o discharge of floating solids Permit N REQUIREMENTS ayI " uu lc foam in other than tro µ e A' STANDARD N ITI NS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calenc representative of the wastewater discharged during the sample 3 eek Samples are collected three times per week on three; separate c ket" Water Pollution Control Act, also known as tl [age tie can of all "daily discharges" of a pollutar geometric rnean of such discharges. dean NPIE;S Permit Standard Conditions Page I of 18 11 FOR NPDES PERMITS rr days between sampling events; These <samples shall be period, alendar days. These samples shall be representative of lean Water Act (), as amended, 33 'U SC, 1 51, eta rber of individual values. stablished or operating made for the facility. through the following Saturday. irbcr. 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 followingmethods: (1) Continuous: a single,; continuous sample collected over a 4-hour period proportional to the rate of flaw. () !Constant tirnelvariable 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, blow measurement between sample intervals als shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1124 of the erected total daily flow at the treatment system,or Version 1110912011 NPDES Pen-ni 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 minimumof 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 Ion the flow device. DgLily 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. D91A Samrrlin Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in file pertnit. 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. EC 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. Gab Sample Individual samples of at least 100 ndL collected over.a period of time not exceeding 15 minutes. Grab samples can be Version 1110912011 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Instantaneous flow measurement The flow measured during the nummuni time required for the that instance. To the extent practical,, instantaneous flow meas samples required for the same sampling period so that togethe during that sampling period. MXonthl Averagconcentration oncentration limit ---- _( The arithmetic mean of all "daily discharges" of a pollutant m coliforni or other bacterial parameters or indicators, the gcom( 1'errnit Issuing Authority )f the Division of Water Quality. rage (concentration limit can of all samples taken over a calendar qu dama v �y ��e NPDES Permit, Standard Conditions Page 3 of 18 Section 311 of the CWA. flow measuring device or method to produce a result in urements coincide with the collection of any grab the samples and flow are representative of the discharge easured during the calendar month. In the case of fecal c mean of such discharges. ter, )ermanent loss of natural resources which cwr reasonably be expected to occur in the absence of a )roperty damage excludes economic loss caused by delays in production. ited as toxic under Section 307(a)(1) of the CWA. and the reasonable control of the Pen-niftee causing unintentional and temporary noncompliance with imitations and/or monitoring requirements. An upset does not include noncompliance caused by r, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive careless or improper operation. (concentration limit) neap of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal r bacterial parameters or indicators, the geometric mean of such discharges. WIMMMMM WAY or aenial of a permit renewal application [40 CPI 122.41 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 pennit condition or limitation it 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 cacti 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 Stand, it of not more than I year, or both. In the case of a secor W. runal Liability ed against any person of a permit. [North ring any of such sections �iolafions are not to sed not to exceed lay during which the ge use or disposal in jr the environment [40 .5) and "Power Failures" -sponsi,bilities, liabilities, ills, even though the .relieve the Permittee ,c is responsible for )re or Offshore Construction iermit does not authorize or approve the construction of any onshore or offshore physical structures or ies or the undertaking of any work in arrynavigable waters. Version 1110912011 The provisions of this permit are severable. If any p this permit to any circumstances, is held invalid, da remainder of this permit, shall not be affected therel 8. Duty to Provide Information The Permittee shall fornish to the Permit Issuing At Pen -nit Issuing Authority may request to determine NPDES Permit Standard Cond Page 5 permit, or the application of any provision ' authorized to discharge after the expiration date, In order to receive automatic � expiration date, the Perinittee shall submit such infennation, forms, and fees ized to issue permits no later than, 180 days prior to the expiration date- unless .-anted by the Director. (The Director shall not grant, pennission for application least 180 days prior to expiration, or any Permittee that does not have a permi ports, or inforniation submitted to the Permit Issuing Authority shall b ications shall be signed as follows: 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 raunicipality, Statejederal, or other public agency: by either a principal executive officer or 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 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization tinder 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 authori;/ed representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section sball make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certi�v, tinder penah�y of law, that this docuntent and all attachments were prepared under iny, direction or supervis ion in accordance with a system designed to assure that qual�fied personnel properly gather and evaluate the information submitted Based on my inquiry qfthe person or persons who manage the system, or those persons directly responsiblefin-gathering the it?,finmation, the injbrmation submitted is� to the best qf illy kno wledge and belief true, accurate, and co niplete, I arn aivare that there arc, s ignifican t penalties, for submittingfidse information, including the possibility qffines and intprisonnientfi)r knowing violations. 12. Pen -nit Actions This pennit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittec 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 jerinination The issuance of this permit does not prohibit the pen -nit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the pen -nit as allowed by the laws,rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123,,ritle .1 5A of the North Carolina Administrative Code, Subebapter 0211 �01 00; and North Carolina General Statute 143.215,1 et. al. 14. Annual Administer and Co fiance Morritofigg rhe 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 titriely manner in accordance with 15A NCAC 02H .01 05(b)(2) may cause this Division to initiate action to revoke the perrnit� Section C. Overation and Maintenance of Pollution Controls I . 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 [T I 5A NCAC 080.020 11: 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 Operat(yr(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no in. ore 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 wrininturn visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission Version 1110912011 NPDES Permit Standat (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing o 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; flu flicility must be visited at least weekly Comply with all other conditions of 15A NCAC 08G �0204. The ORC , of each Class 11, 111 and IV facility (or the Back -tip ORC, when acting as surrogate for the 0, Visit the facility as often as is necessary to insure proper operation of the treatment system; tb( 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. itation required thereof, whether acting as a contract ol r. )efense Icilities limitations [40 CFR 122.41(m)(2)] ow any bypass to occur which does not cause effluent limita id c. of this section. 11 II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the trcatment facility is prohibited and the Pen -nit Issuing Authority may take enforcement action against a Pennittee 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 treatinent facilities, retention of untreated wastes or maintenance during norinal 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 Pertnittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection systern is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future systern-wide collection system permit associated with the treatment facility. Version 1110912011 a b c 6. Rey Sol: sha Prot by dis Par Sur or 7._Po The pre' of t 1. Ilet NPDES Permit Stand. nit Issuing Authority may approve an anticipated bypass, after considering its advert dt Issuing Authority determines that it will meet the three conditions listed above, in �s section. ittee can identify the cause(s) of the upset; e being properly operated; and e upset as required in Part II.h.6.(b) of this permit. ne dial measures required under Part II.F .2. of this permit. it. The Pennittee seeking to establish the occurrence of an upset has proceeding. Mutants removed in the course oftreatment or control of wastewaters rith NCGS 14 - 1 .1 and in a manner such as to prevent any pollutant the State or navigable waters of the United States except as permitted tply with all applicable state and Federal regulations governing the 503, Standards for the Use and Disposal of Sewage Sludge; del CPI e Landfills; and 1 A NCAC Subchapter 2T, Waste Not Discharged To he Pe it Issuing Authority of any significant change in its sludge use adequate satcauards (as required by 15A NCAC 02H .O1 4) to craters or retention of inadequately treated effluent. Acn, as required herein, shall be representative of the pennitted discharge. rats daily shall be taken on a day and time that is representative of the resents. All samples shall be taken at the monitoringpoints specified in this before the effluent joins or is diluted by any other wa testream, body of shall not be changed without notification to and the approval of the Pe it nrevious'tnonthfsl shall be summarized for each month and renorted on a 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 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepti and used to ensure the accuracy and reliability of measurements of the volul. tit and based on the manufacturer's purnp curves shall not be subject to this requirement. ,edures ries used far sample analysis most be certified by the Division, Permittees should contact the Divisi4 ry Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for infortnation ,Y laboratory certifications. ,errifications. c analysis of pollutants shall confom be Water and Air Quality Reporting , of the CWA (as amended), and 40 ( R 122.411. 29 Ed ,cut a ned e. mm I s or both [40 C FR 122.4 1 6. Records Retention Except for records of monitoring information required by this pen -nit related to the Penitittee'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 Pertnittee 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 cranplete 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 b. C. d. L C lu All any a vi 1 Pla, Th—t to t 11 b. 3 4 Results ieasurement or sample taken pursuant to the requirements of this pertnit, the Perinittee shall record the information [40 CFR 122.41 ]: ate, exact place, and time of sampling or measurements; idividual(s) who performed the sampling or measurements; ne(s) analyses were performed; Ldividual(s) who performed the analyses; ialytical techniques or methods used; and �sults of such analyses. and Eln tree shall allow the Director, or an authorized representative (including an authorized contractor acting as tative of the Director), upon the presentation of credentials and other documents as may be required by at reasonable times, upon the Pen-nittee's premises where a regulated facility or activity is located or cted, or where records must be kept under the conditions of this pentift; access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; tt at reasonable times any facilities, equipment (including monitoring and control equipment), practices, ,rations regulated or required under this permit; and le or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise ized by the CWA, any substances or parameters at any location, [40 CFR 122.41(i)]. teDorfinp- Reauirements Discharge rges, authorized herein shall be consistent with the terms and conditions of this permit. The discharge of ant identified in this permit more frequently than or at a level in excess of that authorized shall constitute i of the permit. ban es .ttee shall give notice to the Director as soon as possible of any planned physical alterations or additions mired facility [40 CFR 122.41(l)]. Notice is required only when: Iteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 4(b); or Iteration or addition could significantly change the nature or increase the quantity of pollutants irged. This notification applies to pollutants subject neither to effluent limitations in the fie it, nor to Version 1110912011 NPDES Permit Standard Conditions Page 11 of 18 5. Monitorin Reports Z_ 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 (DNIR) (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 pennit 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. !AoLLfo hour Re ortin a. The Pennittee 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 Pennittee became aware of the circumstances, A written submission shall also be provided within 5 days of the titne the Perinittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, andits 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 12141(l)(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) 733-33K T Other Noncom ULliance - The Pertnittee shall report all instances of noncompliance not reported tinder Part ILE.5 and 6. of this perrait at the. time monitoring reports are submitted. The reports shall contain the information listed in Part H.E.6. of this permit [40 CFR 12141(1)(7)1. Other Information Wiere the Permittee becomes aware that it failed to submit any relevant .facts in a permit application, or submitted incorrect infortnation 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, Nqg!gom Hance Notifiatimp 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 discliarge of significant amounts of wastes which are abnormal tit 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 tender the facility incapable of adequate wastewater treatment such as mechanical or electrical failures ofpurrips, 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. AvailabilitKof Reports Except For data determined to be confidential tinder NC GS 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 confidentiaLKnowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NC GS 143- 215, 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 NPDES Permit ATTENTION: Cer 1617 Mail Service Raleigh, North CaT x 27699-1617 Version 1110912011 NPDES Permit Standard Conditions Page 13 of 18 PART Ill OTHER REQUIREMENTS Section A. Construction a. The Pentrittee shall not conimence 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 (1) the Division has issued an Authorization to Construct (AtC) perinit or (2) the Permittee is exempted from such AtC permitrequire mtints under Item b. of this Section. b. In accordance with NC 143-215.I(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 arry 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 sewagefrom 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 pernrit 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 theDivision. Section B. Groundwater M�trait r n� The Pertnittee 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. Chan es in Discharees of Toxic Substances Tbe 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 pennit, if that discharge will exceed the highest of the following "'notification levels"; (1) One hundred micrograms per liter (100 gg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 gg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitroplienol; and one milligram per liter (I 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 following "notification levels"; (I) Five hundred micrograms per liter (500 gg/L); (2) One milligram per liter (I mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the pen -nit application. Section 0. FaKility Closure, Requirements The Perrnittec must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this pennit. 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 N IT1 NS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Pat 11 of this permit, the following definitions apply to municipal facilities; Indirect I.)isl e or Industrial user Any non -domestic source that discharges wastewater containing pollutants into a t'am regulated under section 307(b), () or (d) of the CWA. [40 CFR 403.3 (i) and (t) 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 Pern itte 's (r any satellite POTW's if different f)-otn the Pe ittee) 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 pen -nits. [I5A NCAC 0211 .0903(b)(14)] Puss 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 Pennittee's (tar any satellite POTW's, if different from the Pe ittee) NPDES, collection systern, or non -discharge permit. [I5A NCAC 02 [ .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 P0TW 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 P(YrW may be referred it) as a "satellite POTW organization." [I5A NCAC 02H 0 03(b)(2n)] "Sugnuf`ucant Industrial User" or "SIU"` An Industrial User that discharges wastewater into a publicly owned treatment works and that [ I'5A NCAC 02H .0 03(b)(33)]. I. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontat 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 BOO, TS and ammonia; or '2 r- . 1... #.-::....+.,-..:."—. 1 .,a>a«..34........71, AA i-Un [1). AA) L .,... ,4 AA I'll" t)x.., _ Ails: A171 . .,,.. a sis vcuasx�axx+kvca asf.+ Wkavxa x„r� uxxe+ s vxxYYY a•wvae t✓xa usxb xted:.r3sW uA4ti. 4Y&V .k YdA.k4iV YY Y4kY 41 sFVA kkKV 44 i44is'}Vk4L44+k 4w �./V LVIk&tGti RVk F54k Yi+k k94 kw}' 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 Perm ttee may determine that an Industrial User um eting the criteria in paragraphs Ii 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 0 .090b), the Pernuttee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFIC Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works POT'Ws Version 111091201I All POTWs must pro I . Any new introdu transport, which NPDES Permit Standard Conditions Page 15 of 18 f the following [40 CFR 122.42(b)]: in an indirect discharger, regardless of the means of and 2. Any substantial change in the volume or character of poll influent to that POTW at the time of issuance of the penr 3. For purposes of this paragraph, adequate notice shall inel introduced into the POTW, and (2) any anticipated impac quality of effluent to be discharged from the POTW. Section C. Municioal Control of Pollutants from Industr I . Effluent limitations are listed in Part I of this perinit. Oth, "'WA if it were directly discharging those pollutants; ants being introduced by an indirect discharger as e infortnation on (1) the quality and quantity of effluent hat may result from the change of the quantity or RIMM pollutants attributable to inputs frorn Industrial Users discharge. At such time as sufficient information :s, this permit may be revised to specify effluent nee with best practicable technology or water quality J Discharges "erinittee shall develop and enforce their Pretreatment Program to implement the prohibition against the Juction of nollutants or discharacs into the waste treatment system or waste collection system which )(1)] c shall develop an of the following v .s which create a f ,ams with a close( test methods spec S which cause cot unless the works cc; enforce their Prel stes in the waste I e or explosion Ina. mp flashpoint of tied in 40 CFR 2( )sive structural da a specifically desil it Program to implernen it or waste collection sy< :,he POTW, including, be ri, 140 degrees Fahrenbei ) the POTW, but in no o accommodate such discl Instruction to the flow in "A A ur wt Fw' - S v"A - ' '"' —-'A- - All— -.AL-AAL _ A.— ."A _1 xxaxa _ . — I , , (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 hunts; (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 Pernuttee shall in the source of all discharges into the POTW, including shig 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 POW 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 mid 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 noncorripliance, Version 1110912011 Undef North with prgr The P C.F°R , its pr( not lit of this I.< 2. It T tt it 0 n F s P 1 4. appropriate. M 4 2(b)( ) of"the C NPD S' oval as proved POTW 'neat Program 'its of the 40 CFR 403, and in accordance he pretreatment of the CWA, 40 dons contained in tall include but is i Part 11 or Part I gars, and as nducted under .8(f)(2) and 403.9] y specific data to .cic pretreatment and 11.E.5.). F1 A Version 1110912011