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NC0089443_Regional Office Historical File Pre 2018
fi X15WA wield"..: NCDE R North Carolina Department of Environment and Natural Resources Pat McCrory John E, Skvarla, III Governor Secretary October 22, 2014 N 01 V 6 Mr. David E. Wolfe, PE Env ironmental Services City of Charlotte 600 East Fourth St. Charlotte, NC. 28202 Subject: NPDES Permit Modification Permit No, NCO089443 Myrtle/ Morehead Storm Drainage Improvement Project Mecklenburg County Dear Mr. Wolfe: Statute 143 -215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. This permit was originally issued in October 2013 for a limited timefrarne to accommodate dewatering activities associated with storm drainage improvements. This permit modification includes the following changes to the existing permit: 1 . Change the permit expiration date from June 30, 2015 to June 30, 2016 to accommodate the updated stormwater construction schedule. The total permit duration is less than 3 years, 2. Addition of Outfalls 004 and 005, which may be used depending on site constraints for the groundwater remediation system (s). These additional outfalls would discharge to the same receiving waterbody (UT Little Sugar Creek). 3. Delete flow limit in Effluent Sheet A(l), and replace with Monitor -only condition, If this temporary construction activity is completed prior to June 30, 2016, please notify the Division and request permit rescission. 1617 Mail Service center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-6300 k Fax: 919-807-6489 Internet:: wwrimateraualltv.orci An Equal Opporturnly\Affirmabve Action Employer If any parts, measurement frequencies, or sampling re modification are unacceptable; you have the right to a within thirty (30) days after receiving this letter. Your: I", Th Di aff the ice o. Administrative Hearings, 6714 Mail Service Center; . Unless such demand is made, this permit remains final ar it is not transferable except after notifying the Division of W ay modify, and re -issue, or revoke this permit. Please notice legal obligation to obtain other permits required by the Div I tras permit upon written request brm of a written and must be filed � , Forth Carolina .ing. esources. The .ate -- .,,,. A- --+ � v xxJivAi Vi uAAVi �,�',iY iA xlV,I:.L{A V, G4.li4L .VGk3A4L 3.\Vx,Xtl t.{1 ttWJ9.:LL1V 4✓lf4L TGL41 L lA VLL AYLL#.A1Ci�i✓1k2itAAG L.1VL, 4.F1 federal or local governments, 1f you have questions, or if we can be of further service; please contact Tom Belnick at tom.belnick ,ncdenr. ov or call (919) 07-63 0 Sincerely, Thomas A. Reeder "Director, Division of Water Resources cc: NPDES File Central File Email: AIMMONOWMamw Cardo, Inc., Mr. Brandon Culberson, Brandota.culberson a@cardno.coni AT1'IAAW% lA A+ IRTH CAROLINA .ENT AND NATURAL RESOURCES ATER RESOURCES ,RMIT STEWATER UNDER THE GE ELIMINATIONS E =ral Statute 143-215.1 ether lawful standards and oli is Environmental Management Commission, and the City of Charlotte is Hereby authorized to discharge treated wastewater from a facility located at the Myrtle/ Morehead Storm Drain .,( City of Char Mecklenburg t to receiving waters designated as an unnamed tributary to Lit 11111, and IV hereof The permit modification shall become effective October 22, 2014. This permit and the authorization to discharge shall expire at midnight on June 30, 2016, Signed this day October 22, 2014. CAM Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Comm ssiou Page I of 3 Permit NCO089443 SUPPLEMENT TO PERMIT COVE,R SHEET City of Charlotte is hereby authorized to. Morehead Storm Drainage Ire le groundwater rernediatr€fin systern(s) to be located at the Myrtle/ Frovements Project Site, City of Charlotte in Mecklenburg County. Page 2of 3 A. (l) EFFLUENT LIMITATIONS AND M a. Beginning on the effective date of this permit ant discharge treated groundwater from Outfalls 001, ( monitored by the Permittee as specified below. EFFLUENT PA TER L TATION ' Permit NCO 89443 art I IITORING RE QUIREMENTS Sting until expiration, the Permittee is authorized to )03, 004, and 005. Such discharges shall be limited and INWHOMM� i i o MIME Monthly I Crab pH > 6,0 SU and ::5 9.0 SU Monthly'- Grab Effluent Cldoroforrn (ug/1) Report Monthly Grab Effluent Tetrachloroethylene 3.3 [tglL 1,800 log/L Monthly Grab Effluent Trichloroethylene 30 jgIL Monthly Grab Effluent Dotes: 1 Flow may be measured using a totalizing flow meter. b.Tliere'shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of NPDES Permit Standard Conditions Page I of 18 PART 11 STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month of the wastewater discharged during the sar ischarged during the sample period. is between sampling events. These samples shall be �d, ar days. These samples shall be representative of Water Act (CWA), as amended, 33 USC 1251, & seq. Annual AveraQ The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year, In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. BypAss 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 Ouarter One of the following distinct periods: January through March, April through June, July through September, and October through December, Composite SMIe A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 4-hour;period proportional to the rate of flow. 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 111091201 t I NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may, only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply - Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Influent samples shall not be collected more than once per hour. )i- Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period, Perinittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period, Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Dischqrge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122,2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameterts), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream, samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CPR Part 116 pursuant to Section 311 of the CWA. Instantaneous flaw measurement The flow measured during; the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuina Authority The Director of the Division of Water Resources, OuarterIv Avera e concentration limit The arithmetic mean of all samples taken over a calendar quarter. Severe Wiper 'llama Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by; delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA, Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit} The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the ease of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. general Conditions 1. Dutv to Cody The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance; or modification, or denial of permit renewal application [40 CFR 122.4 1 ]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement, b, The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 22.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 40 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 40 of the Act, or any requirement imposed in a pretreatment program approved under section 40 (a)(3) or 402(b)() of the Act, is subject to criminal penalties of $2,500 to $25,000 per day- of violation, or Version 111091201 t I NPDES Permit Standard Conditions . Page 4 of 18 imprisonment of not more than i year, or bath. 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 12.41(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 clay of violation, or imprisonment of not more than 6 years, or both. [33 USC 131 9(c)(2) and 40 CFR 122.41()(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, 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 tine 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 § 14 -21 .firs] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 30, 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 $1 n,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $1 n,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 12.41(a)(3)] 2. Duty to Mitigate The Pennittee 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 CPR 122.41(d)]. 3 Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part Il.CA), "Upsets" (Past II.C.5) and "Power failures" (Part 11.C.7), nothing in this permit shall be construed to relieve the Pennittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 14-215:3, 14 -215.n or Section 309 of the federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or'penalties to which the Perrnittee is or may be subject to under NC GS 143- 215.75 et seq. or Section 3 l i of the federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor dries 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 111091 011.I NPDES Permit Standard Conditions Page 5 of t 8 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 15OB-23]. 8. Dutv to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to 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. Duty to Reativlv If the Pertnittee wishes to continue an activity regulated by this permit after the expiration date, of this pen -nit, the Pennittee must apply for and obtain a new permit [40 CFR 122,41(b)]. M EXDiration of Permit u b si r( e: e it. S A C P41 eyond the expiration i cy authorized to issuc as been granted by th( not requested rel charge after the expiration date. In order to receive automatic authorization to the Permittee shall submit such information, fonias, and fees as are required mits no later than 180 days prior to the expiration date unless permission for a ector, (The Director shall not grant pen-nission for applications to be to of the existing permit.) [40 CFR 122.21 (d)] Any Permittee that has not nor to expiration, or any Permittee that does not have a permit after the wal at least 180 days prior to expiration, will subject the Pennittee to n NCGS 143-215.6 and 33 USC 1251 et, sea. uirements is, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 � applications shall be signed as follows: corporation: by a responsible corporate officer. For the purpose of this Section, a responsible rate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge rincipal business fanction, or any other person who performs similar policy or decision making ons for the corporation, or (b) the manager of one or more manufacturing, production, or operating ies, provided, the manager is authorized to make management decisions which govern the operation regulated facility including having the explicit or implicit duty of making major capital investment emendations; and initiating and directing other comprehensive measures to assure long term V11V11011111VIRUL willptiatax WRIT V11VUVIIHIVIR41 1UWb Ulm luguluLlows' ulu 111unagut can U11wit; ulzu Luc necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company, (A duly authorized representative may thus be either a named individual or any individual occupying a named Position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011,1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization-, If an authorization, under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b, of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under pen alty of law, that this document and all attachments were prepared under my direction or supen,ision in accordance with a system designed to assure that qualifled personnel property gather and evaluate the t?formation submitted. Based on my inquh�y of theperson or persons l'i4to manage the system, or those persons directly responsible,lbr gathering the intbrmation, the injbrination submitted is, to the best q/'1ky knowledge and belief, true, accurate, and complete. I am aware that there are sigm17icampenaltiesfor submitting false information, including the possibility qffines and imprisonment,for knolving violations. 12. Permit Actions This permit may be modified, revoked and reissued, or tertninated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122A 1 (f)]. 11 Pen -nit Modification, Revocation and Lkejssuanceor Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0 100; and North Carolina General Statute 143.215,1 et. al. 14. Annual Administerina and Comoliance Monitorint! Fee Rectuirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 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 08G .020 1 ]: 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 -tip Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORQ: (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 ((SRC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, Visit the facility as often as is necessary to insure facility must be visited at least weekly Comply with all other conditions of 15A NCAC The ORC of each Class 11, 111 and IV facility (or the Back Visit the facility as often as is necessary to insure facility must be visited at least five days per wee] Properly manage and document daily operation a )0, Comply with all other conditions of I 5A NCAC, 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and mair of this permit. Proper operation and main assurance procedures. This provision reqi when necessary to achieve compliance w NOTE: Properly and officially designate of the facility, and all documentation reqi member of the Permittee's staff, 3 Need to Halt or Reduce not a De: It shall not be a defense for a Per reduce the permitted activity in o a. r3YPdwj not A�'Xkxculllp' 11tull The Pennittee may allow a only if it also is for essentii provisions of Paragraphs b b. Notice [40 CFR 122.41 (in, mance also Tres the Pert h the condit red thereof, wt )ns [40 CFR 12141 if maintenance to assure i . and c. of this section. (3)] n acting as surrogate for the ORC) must: oiler operation of the treatment system; the treatment J .0204a ) ORC, when acting as surrogate for the ORC) must: 'oiler operation of the treatment system; the treatment =luding holidays maintenance of the facility .0204. n all facilities and systems of treatment and control ,c Permittee to achieve compliance with the conditions es adequate laboratory controls and appropriate quality to install and operate backup or auxiliary facilities only f the permit [40 CFR 12141 (c)]. y responsible for all proper operation and maintenance ter acting as a contract operator [subcontractor] or a tion that it would have been necessary to halt or - with the condition of this permit [40 CFR 122.41(c)]. s not cause effluent limitations to be exceeded, but ient operation. These bypasses are not subiect to the and effect of the bypass.' — 1 (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system pen -nit associated with the treatment facility. Version 1110912011.1 (3) The Permit Issuing Authority may approve an: the Permit Issuing Authority determines that it (1) of this section. 5. Upsets NPDES Permit Standard Conditions Page 8 of 18 )ated bypass, after considering its adverse effects, if aeet the three conditions listed above in Paragraph c. ffect of an upset [40 CFR 122A 1(n)(2)]: An upset constitutes an affirmative de use to an action brought for oncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of ris condition are met, No determination made during administrative review of claims that noncompliance was aused by upset, and before an action for noncompliance, is final administrative action subject to judicial ,view. 'onditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative efense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant vidence that. t) An upset occurred and that the Perinittee can identify: the cause(s) of the upset, ?} The Permittee facility was at the time being properly operated; and 3) The Pertnittee submitted notice of the upset as required in Part II. . a,(b) of this permit. 1) The Permittee complied with any remedial measures required under Part 118.2. of this permit. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has re burden of proof in any enforcement proceeding, rued Substances o ergs, sludges, filter backwash; or other pollutants removed in Lite course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCS 14-21. I and in a manner such a: to prevent any pollutant froin such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission, The Permittee shall comply with all applicable state and. Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permitter is responsible for maintaining adequate safeguards (as required by 15A NC.'AC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent, Section D. Monitorinp, and Records 1. Representative Sam lin 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 clay and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Rrortia�g> 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, l .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 new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11109120111 NC DENR / Division of Water Resources / Water Quail ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1 Flow Measurements Appropriate flow measurement devices and methods consistent will and used to ensure the accuracy and reliability of measurements of I devices shall be installed, calibrated and maintained to ensure that tl with the accepted capability of that type of device. Devices selected maximum deviation of less than 10% from the true discharge rates t volumes. Flow measurement devices shall be accurately calibrated i to ensure that the accuracy of the measurements is consistent with tl The Director shall approve the flow measurement device and rnoniti this pennit and based on the manufacturer's pump curve,, 4Test Procedures Laboratories used for sample analysis must be certified I Laboratory Certification Section (919 733-3908 or http:/ regarding laboratory certifications. Facilities whose personnel are conducting testing of fief( parameter laboratory certifications, Test procedures for the analysis of pollutants shall confo 143-215.63 et. seq.), the Water and Air Quality Reportin 304(g), 33 USC 1314, of the CWA (as amended), and 4( approved under 40 CFR 136, unless otherwise specified specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this per and reporting levels that are below the permit discharge to the minimum detection or lower reporting level of the NPDES Permit Standard Conditions Page 9 of 18 it Permitting Section accepted scientific practices shall be selected he volurne of monitored discharges. The te accuracy of the measurements is consistent shall be capable of measuring flows with a iroughout the range of expected discharge .t a minimum of once per year and maintained & accepted capability of that type of device. wing location prior to installation, s, or pump hour meters as specified in Part I of 1. subject to this requirement. the Division. Permittees should contact the Division's )rt.,il.ncdenr,org/web/wq/lab/cert) for information ertified parameters only must hold the appropriate field i to the EMC regulations (published pursuant to NCGS Ncts, and to regulations published pursuant to Section TR 136; or in the case of sludge use or disposal, 40 CFR 503, unless other test procedures have been t, all test procedures must produce minimum detection luirements, and all data generated must be reported down ocedure. If no approved methods are dote fined -Is below permit discharge requirements, then the most (method with the lowest possible detection and reporting level) approved method must be used, s foLlgLn �erin 'A provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring 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 12.41]. 6, Records Retention Except for records of monitoring inforination required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: all calibration and maintenance records all original strip chart recordings for continuous monitoring instrumentation copies of all reports required by this pen -nit 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 anytime [40 CFR 12141]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 71 Recordina Results For each measurement or sample taken pursuant to the requirements of this permit, the Pennittee shall record the following information [40 CFR 122.4 1 ]: a. The date, exact place, and time of sampling or measurements; K The individual(s) who performed the sampling or measurements,; c. The date(s) analyses were perfon-ned; d, The individual(s) who perfon-ned the analyses-, e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Enyy The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements L Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. Tire 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 pen -nit. 2. Planned Chan es 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 K 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 Penniftee'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 pen -nit, 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. 1 Anticinated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The, Director may condition approval in accordance with NCGS 143-215. 1, in particular NCGS 143-215.1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122 .6 1 ] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page I l of 18 5. Mon torin Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)], a. Monitoring results roust be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test; procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR: 6. Twenty --four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information atio shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected t continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(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) 58-0368 or (919) 733-3300 7 Other Nonecrmpliauce The Permittee shall report'all instances of noncompliance not reported under Part II. F.5 and.. 6. of this permit at the time monitoring reports are submitted. The reports shall contain the infortnation listed in Part TI. .6. of this permit [0 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 12141(1)(8)]. 9: Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 fours 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 r any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10 Availability;of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not he 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 1110 1 011.1 11. Penalties for Falsification of Reports The CWA provides that any person who known any record or other document submitted or requ NPDES Permit Standard Cond Page 12 makes any false statement, representation, or certification l to be maintained under this permit, including monitoring shall, upon conviction, be punished by a fine of not more t1 $25,000 per violation, or by imprisonment for not more than two years per violation, or by r 12. Annual Performance Retorts Permittees who own or operate facilities that primarily collect or treat municipal or dome tis an average annual flow greater than 200,O00 gallons per day shall provide an annul report 1 Authority and to the users/customers served by the Permtttee (NCG 143-2-15.1C) The rep( performance of the collection or treatment system, as well as the extent to which the facility: applicable Federal or State laws, regulations and rules pertaining to water quality. The repeat later than sixty days after the end of the calendar or fiscal year, depending upon which annu evaluation. The report shall be sent to: NC DENR / Division of Water Resources l Water Quality Permitting; Section in �mpnant warn ne provided no td is used for ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER 'REQUIREMENTS Section A. Construction a.The Permittee shall not commence construction of wastewater treatment facilities, nor add to the 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 () the Pernaittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with'NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the sstem's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage, from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC'will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division, Section B. Groundwater Monitoring The Perittee 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. Chanties in ©isebarees of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent Basis, o any toxic pollutant which is not limited in the perinit, if that discharge will exceed the highest of the following f'notification levels", (1) One hundred micrograms per liter (100 lag/L); (2) Two hundred micrograms per liter (00 lag/I,) for acrolein and acrylonitrile; five hundred micrograms per liter (500 lag/L) for 2,4-dinitrophenol and for -methyl- ,o-dinitrophenol; and one milligram per liter (I m /L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Live hundred micrograms per liter (500 ltg/L.); (2) One milligram per liter (I mg/L) for "antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application, Section D. Facility Closure Requirements The Perittee must notify the Division at least 90 days prior to the closure of any wastewater treatment' system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART tV 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 Discharae or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 4033 (i) and 0) and 15A NCAC 0214.0903(b)(I 1)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [I 5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non-disch permit. [15A NCAC 02H.0903(b)(23)] Publiclv Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organi This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of mul sewage or industrial wastes of a liquidnature. 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 disci treatment plant ortheowner of the collection system into which an indirect discharger discharges. This secor POTW may be referred to as a "satellite POTW organization." [I 5A NCAC 02H 0903(b)(26)] "Si if Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [I 5A NCAC 0 .0903(b)(33)1: L Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding noncomact cooling and boiler blowdown wastewaters); or 1 Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge pe flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to B( and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-47 1; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for affecting the POTWs operation or for violating any pretreatment standard or requirement, or the POTW' limitations and conditions in its NPDES or non -discharge permit, or to limit the POTWs sludge disposal 5. Subject to approval under 15A NCAC 02H .0907(b), the Pennittee may determine that an Industrial Usei the criteria in paragraphs I or 2 of this definition above has no reasonable potential for adversely affectin POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limita conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and th Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 0211 .0907(b), the Permittee may determine that an Industrial Use: the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403,3(V)(2) an non -significant categorical Industrial User. Section B. PublicIv Owned Treatment Works (I!OTWs) Version 1110912011,1 ion. ,pal itary, ted I'SS rsely luent NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the gleans of transport, which would be: subject to section 301 or 306of C A if it were directly discharging those pollutants; and 2 Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3 For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and () 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 Pollutants from Industrial Users. 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 Permittee's discharge: At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NC'AC 0H .0900 and 40 CFR 40. [40 CFR 403.5(a)('4)] 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 CF'R 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POT, 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 CF"R 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOO, etc.) releasedina Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; () 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 (I04°P) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through, (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Pertnittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee Became aware of the circumstnces.'A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain;a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times, if the discharge has not ceased, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance Version 1110912011.1 3. With regard to the effluent requirements listed in Part I of supplement the requirements of the Federal Pretreatment SS NPDES Pentrit Standard Conditions Page 16 of 18 its permit, it may be necessary for the Permittee to mdards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4, The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 0211.0907(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. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215,3(14) and implementing regulations 15A NCAC 0211 .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR, 121440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H.0900, and the legal authorities, policies, procedures, and tinancial provisions contained in its pretreatment program submission and Division approved modifications thereof Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1 . Sewer Use Ordinance (SkO j The Pennittee shall maintain adequate legal authority to implement its approved pretreatment program, [ 15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste SurveyjtWS The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 0214.0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTW's, the IWS for the Pennittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Pertnittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part, f 15A NCAC 02H .0903(b)(I 3),.0905 and.0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. MonitorinQ Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts RD and II.E.5.). [15A NCAC 02H,0903(b)(16),.0906(b)(3) and,0905] 4. HHeadworks Analysis 'HW�Ai and Local Limits 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 HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5() and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 A&BENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 4, 2013 Mr. David E. Wolfe, PE Environmental Services City of Charlotte 600 East Fourth St. Charlotte, NC. 28202 Subject: PDES Permit Issuance Permit NCO089443 Myrtle/ Morehead Storm Drainage Improvement Pro ect Mecklenburg Comity Dear Mr. Wolfe: The Division of Water Resources (Division) personnel hav application for issuance of the subject permit. Accordingl) NPDES discharge permit. It is issued pursuant to the requi Statute 143-215.1 and the Memorandum of Agreement bet Environmental Protection Agency dated October 15, 2007, There are no changes to this permit from the draft permit d If any parts, measurement frequencies, or sampling require unacceptable, you have the right to an adjudicatory hearm� (30) days after receiving this letter. Your request must take is subsequently amended, August 14, 2013. conforming to Chapter 150B of the No Carolina General Statutes, and must be filed with the Office of A ini trative> Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699- 6714. Unless such demand is made, this permit remains final and binding. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-6300 t Fax: 919-807-6489 Intemet:: wmwmwau .ncwater arity.or -- -A An Equal Opportuni"ffirmative Action Employer Permit NCO089443 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESORCES PERMIT TO DISCHARGE WAST EWXIER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM i compliance with the provision of North Carolina General Statute 143-215. 1, other lawful standards and -1gulations promulgated and adopted by the North Carolina Environmental Management Commission, and the ederal Water Pollution Control Act, as amended, the City ©f Charlotte hereby authorized to discharge wastewater from a facility located at the Myrtle/ Morehead Storm Drainage Improvements Project Site City of Charlotte Mecklenburg County accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts 1, 11, III, and IV hereof. The permit shall become effective November 1, 2013. This permit and the authorization to discharge shall expire at midnight on June 30, 2015. Signed this day October 4, 2013. 641- 'Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page I of 3 Permit NCO08 443 SUPPLEMENT TO PERMIT COVER SHEET City of Charlotte's hereby authorized to: 1. To construct and operate a mobile 0,075 MGD groundwater remediation system to be located at the Myrtle/ Morehead Storm Drainage improvements Project Site, City of Charlotte in Mecklenburg County. . Discharge from said treatment works at the locations specified oil the attached map into an unnamed tributary to Little Sugar Creek, a Class C water in the Catawba River Basin. Page 2 of A. (1) EFFLUENT LIMITATIONS AND MO 6.0 SU a g a totalizing flow meter. Page 3 of 3 1 NPDES Permit Standard Conditions Page I of l STANDARDPART 11 ection Am Definitions 21 onth 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. eek Samples are collected three times per week on three separate calendar days. These samples shall be representative o the wastewater discharged during the sample period. Act or "the Act"' The Federal Water Pollution Control Act, also known as the Cleat? Water Act (CWA), as amended, 33 USC 1251, et. seq. AAannugagILAverage The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment ent facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar lay The period from i igt of one day until midnight of the next day. However, for purposes of this permit, any consecutive 4-hourperiod 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. Co osite S le A: sample collected over a 2 -hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the followingmethods: (1) Continuous: a single; continuous uous 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 bined proportional to the rate of flow measured at the time of individual sample' collection, or ) 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 preset number of gallons passing the sampling paint. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 NPDES Permit Stand,, (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hou constant time interval. Use of this method requires prior approval by the Director. This'method m used in situations where effluent flow rates vary less than 15 percent. The following restrictions a Influent and effluent grab samples shall be of equal size and of no less than 100 millil iters Influent samples shall not be collected more than once per hour. Permittees with wastewater treatment systems whose detention time < 24 hours shall collect i samples at intervals of no greater than 20 minutes apart during any 24-hour period. Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall c grab samples at least every six hours; there must be a minimum of four samples during a 244 period. Continuous flow measurement ,ct effluent T sampling monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Dischar c 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 its 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.) Dail v Maximum The highest "daily discharge" during the calendar month. 91A Sam ling 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, Ifs pling 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). DAQ or -the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency FgLc �JitClgsure 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 = I GMb Sarn pjle _ Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge or the receiving stream, for instream, samples). Version 1110912011 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. MonthILAveraLe concentration limitl The arithmetic can of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Rgit Issuin AMIJoritY The Director of the Division of Water Quality. Qu ALerlyAverage concentration limitJ (concentration The arithmetic can of all samples taken over a calendar quarter. severe 'roe dame e Substantial physical damage to property, damage to the treatment facilities which causes the 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 Pennittee causing unintentional and temporary noncompliance with operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. WeekI Avem e concentration p_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 permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 12141]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(4) 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 perrint has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41 (a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or'any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than I year, or both. In the ease 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 bath. [33 USC-1319(c)(1) and 40 CPR 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 ease of a second or subsequent conviction for a knowing violation; a person shall be subject to criminal penalties of not more than $10,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)() and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303 306, 307, 308 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to'a fine ofnot 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 09(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 $2,000,00 for second or subsequent convictions, [0 CFR 12.41()()] f: Cinder state law, a civil penalty of not more than $2,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements ofa permit. [North Carolina General Statutes § 13-2156A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 06, 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. Adnunistrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,50 . Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] Duty to itiate The Pertnittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)] . 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7) nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NC S 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319`. Furthermore, the Pe' ittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4: (ail and Hazardous Subs!ance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Pcrmittee is or may be subject to under NCGS 143- 215.75 et sect. 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 b temporarily suspended. 5.- Pro ev Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912 11 7. Se�verabiIi The provisions of this permit are severable. If any provision this <pemrit to any circumstances, is held invalid, the applica NPDES Permit',, M and Conditions Page 5 of 18 ,-)rovision of remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Dutyto Provide Information The Pe`treeshall furnish to the Permit Issuing Authority, within a reasonable time, any information. which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to detennine compliance with this permit. The Permittee shall also furnish to the Pernift Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. pmtyto l eaopjy If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. jLxpiration of Permit scdures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. ements reports, or information submitted to the Permit Issuing Authority shall be signed mid c( rplications shall be signed as follows: means e ,er : (a) a president, secretary., treasurer or vice pr siden business function, or any other person who performs similar p( he corporation, or (b) the manager of one or more mamnacturi ided, the manager is authorized to make management decision .d facility including having the explicit or implicit duty of mak on, and initiating and directing other comprehensive me compliance with environmental laws and regulations; the mar 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 12122]. 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 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 environtnental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR, 122.22] Version 1110912011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with system designed to assure that qual?fiedpersonnel properly gather and evaluate the information submitted. Based on nn, inquir .v of the person orpersons who manage the s ystent, or those persons directly responsible,for gathering the information, the in1brmation submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significantpenaltiesfor submitting false inforniation, including the possibility o/fines and imprisonmeat for knowing violations. 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification Revocation and Reissuanccor Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the pen -nit, revoking and reissuing the pennit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Sulichapter 02H .0100; and North Carolina General Statute 143.215.1 et. a]. 14. Annual Administering qnndq C f2opipliance Moni!qdgg_Fee _Re uir menu The Pe itt e must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0 1 05(b)(2) may cause this Division to initiate action to revoke the permit, Section C. Overation and Maintenance of Pollution Controls I . Certified Otierator 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 [TI 5A NCAC 08G.02011: a, designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORQ: (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vac at least one of the responsibilities, The ORC of each Class I facility or the B )o, Visit the facility as often as is necessary to facility must be visited at least weekly Comply with all other conditions of 15A N The OR of each Class 11, 111 and IV facility (or the Visit the facility as often as is necessary to facility must be visited at least five days pe Properly manage and document daily opera ➢ Comply with all other conditions of 15A N 2. The Permittec shall at all times properly operate an( (and related appurtenances) which are installed or u of this permit, Proper operation and maintenance ah assurance procedures. This provision requires the Pi taff. a Defense RC and Back-up ORC positions replacing or designatin en acting assurrogate for the ORC) must: )roper operation of the treatment system; the treatment RG M04. rp ORC, when acting as surrogate for the ORC) must: )roper operation of the treatment system; the treatment excluding holidays d maintenance of the facility iG M04. [40 CFR 122.41(c)]. 4. ftas�sin ofTrea ent Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential;maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b" Notice [40 CFR 122.4 1 (m)(3)] (1) Anticipated bypass. If the Permittec 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 enforcement action against a Pertnittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Pertnittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph C. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122A 1 (n)(2)]: An upset constitutes an affirmative defense to an action broughtfor noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. liConditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other, relevant evidence that: (1) An upset occurred and that the Permittee can identify the causes) 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 ILE.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122,41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding, 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. MonitorinLy 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 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 Al 0)]. 2, Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 NC' DENR / Division of Water Quality ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-16 1' 3. Flow Measurements NPDES Permit Standard Conditions Page 9 of 18 arface Water Protection Section Appropriate flow measurement devices and me ods consistent with accepted scientific I and used to ensure the accuracy and reliability of measurements of the volume of monitc devices shall be installed, calibrated and maintained to ensure that the accuracy of the mi with the accepted capability of that type of device. Devices selected shall be capable of r maximum deviation of less than 10% from the true discharge rates throughout the range volumes. Flow measurement devices shall be accurately calibrated at a minimum of one( to ensure that the accuracy of the measurements is consistent with the accepted capabilit, )ased on the manufacturer's pump curves shall not be subiect to this requirement, �d for sample analysis must be certified by the Division. Pernuttees should contact the Iory certifications. Ing regulations (published ja ' NPDES Permit Standard Conditions� Page 10 of 18 7. Recordine Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR, 122.4 1 ]: 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. The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Pennittee's premises wbere 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 otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 12141(ifl. Sect -ion E Reotirtine Reauirements 1. Change in Di�� �har c 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 ChMges 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 pertnitted 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 pollutant-, 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 permit application process or not reported pursuant to an approved land application plan. 3. Agqgjp��� The Pertnittee shall give advance notice to the Director of any planned changes to the pennitted facility or other activities that might result in noncompliance with the pernift [40 CFR 12241(l)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.6 1. The Director may condition approval in accordance with NCGS 143-215. 1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61 ] or state statute. Version 1110912011 NPDES Permit Standard Conditions Page I I of 18 5. Mqajlpo�� Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(l)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11,13.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b� IT the Pennittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation. and reporting of the data submitted on the DMR, 6. jAoty:��� a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance bas not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(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) 733-3300. 7. Other Noncomnliance The Pentrittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this pertirit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(t)(7)]. 8. Other Information �Wb--eTc—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 12141(1#)]� 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 die 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 W.C.2.c. of this permit. I O� Availabild of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Kn. owingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 NPDES Permit.; Pa II. Penalties The CW< any recoj reports o 25, 0 Falsification of Reports irovides that any person who knowingly makes at jr ether document submitted or required to be ma ,ports of compliance or noncompliance shad, upo ilities that collect or treat ►rity and to the users/customers facility was compliant with applicable Federal or Mate laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days Miter the end of the calendar or fiscalyear, depending upon which' annual period is used for evaluation. The report shall be sent to: NC DFNR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/0 12 11 PART III OTHER REQUIREMEN' Section A. Construction a. The Permittee shall not commence construction of waste, capacity, nor change the treatment process(es) utilized at Authorization to Construct (AtC) permit or (2) the Pe under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], construction, installation, or alteration of any treatment M treatment works or disposal system within the State whet treat, equalize, neutralize, stabilize, recycle, or dispose of at waste or sewage into the ware ,c may be modified if required b �- of an At will not occur until I NPDES Permit Standard Conditions Page 13 of 18 facilities, nor add to the plant's treatment is exempted from such AtC pennit requirements permit shall be required to enter into a contract for the or disposal system or to construct, install, or alter any system's or work's principle function is to conduct, ustrial waste or sewage from an industrial facility and under a permit issued for the discharge of the imstanding the above, the permit issued for the submitted by the Permittee and approved by the Division. The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to deterritine the compliance of this NPDES penratted facility with the current groundwater standards. The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CF`R 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 ng/L); (2) Two hundred micrograms per liter (200 gg/L) for actolein and acrylonitrile; five hundred micrograms per liter (500 AgIt.) for 2,4-dinitrophcnol and for 2-methyl-4,6-di nitrophenol; and one milligram per liter (I mg/L) for antimony; (3) Five times the rnaximum 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 has - of a toxic nollutant which is not limited in the nermit. if that discharee will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ttg/L); (2) One milligram per liter (I mg/L) for antimony; (3) Ten times the maximum concentration value reportedfor that pollutant in the pertnit application. Section D. The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 NP1DES Permit Standard C( Page 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 Iischar e or Industrial User Any non-d 307(b), (c) Interferenc Inhibition, causes or ( Pernrittee) complianc, .0903(b)(1 Pass Throt A dischart discharges die Permit permit. [I! Publicly Q A treatmet This defiri sewage or .0402, onl, to and treatt'n =sfic source that discharges wastewater containing pollutants into a POTW regulated under section d) of the CWA. [40 CFI 4033 (i) and 0) and 15A NCAC 0214.0903(b)(I 1)] isruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which ibutes to a violation of any requirement of the Per mittee's (or any satellite POTW's if different from the DES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in th specified applicable State and Federal statutes, regulations, or permits. [I 5A NCAC 02H "Significant Industrial User" An Industrial User that disci .0903(b)(33)1: 1. Discharacs an average c n( NPDES Permit Standard Conditions Page 15 of 1 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.4 (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 of CWA if it were directly dischar°ging those pollutants; and y 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 pennit. For purposes of this paragraph, adequate notice shall include information on (1) the duality 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. unie al Cn tr of nitu�t itts fro lnci t l /leers. 1. Effluent limitations are listed in fart I of this pen -nit. Other pollutants attributable to inputs from Industrial Users discharging to the POTWmay be present in the Pe tee's discharge. At such time as sufficient infrinnation becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. . Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 0211 .0900 and 40 Clap 403.140 CFR 403.5(a)(1)] b. The Pennittee 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 flashpv int of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in arnounts which cause obstruction to the flow in the POTW resulting in Interference, (4) Any pollutant, including oxygen demanding pollutants (EC11 , etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause: Interference: with the POTW; (5) float in aonounts 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 4 "C (104°F) unless the Division, upon request ofthe 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 `l`hrough, (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loans and either unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW: The Pernattee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided virally 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 description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times; if the, discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 NPDES Permit NCO089443 DENR/DWR/NPDES FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES Permit No. NCO089443 Facifitylaformabon FC7,Y;(), Applicant/Fac" Name City of Charlotte/ Myrtle/ Morehead Storm Drainage Improvements G G WR Applicant Address 600 East Fourth St., Charlotte, North Carolina 28202 Vaoility Address 900's South McDowell StJ Baxter St., Charlotte, NC 28202 Permitted 17164", (MOD) 0V5 4%—. -F XAT.. I +- Troatorl road crossm*gs. This pipe will be below local groundwater levels, so dewatering will be required. Tests have shown contamination of groundwater with chlorinated solvents higher than surface water standards, likely from Dry Cleaner operations in the past. These solvents are primarily Tetrachloroethylene (PCE, or PERC) and various decomposition byproducts such as Acetone, chloroform, cis- 1,2-Dichloroethylene, Naphthalene, and Trichloroethylene, They plan to conduct remediation of, the groundwater from the excavation and tunneling operations by use of adsorption in activated carbon columns. The duration of the project is approximately one year, and includes three treated water outfalls to the City's storrawater drain system with discharge to an Unnamed Tributary to Little Sugar Creek, a Class C waterbody. Little Sugar Creek is classified at the discharge site as Impaired for Copper in the EPA approved 2012 303(d) list. It was also listed as impaired for Mercury because of fish consumption advisories, but there is an approved Statewide Mercury TMDL, so the mercury impairment has been removed. Fact Sheet NPDES NCO089443 Page I of 3 Proposed Treatment System • Outfall 0 1• � NPDES Permit NCO089443 trenching site, then moved as the trenching progresses. Outfalls 002 and 003 are expected to be in operation for approximately 3 months each, Whole Effluent Toxicity (WET) Test WET testing is not required in this permit due to the short term project duration, Reasonable Potential Analysis (RPA) RPA analysis (please see attached) was based on the assumption that the system will operate with 90% removal efficiency, using the maximum reported contaminant concentration for each component. Maximum predicted effluent concentrations were detertnined based on a coefficient of variation of 0.6 and multiplier of 13.2 (as outlined in NC's RPA procedure based on EPA's Technical Support Document, n = 1). Limits and monitoring As a result of the RPA, those chemicals showing Reasonable Potential (RP) to exceed the Water Quality Standard were given limits equal to the WQ standard as a chronic, or Monthly Average limit based on zero flow of the receiving UT. For these compounds, the Standards Group was consulted to determine any published acute standards, which were given as acute, or Daily Maximum limits. Compounds with RP but no acute WQ standards were given Monthly Average limits only. If the predicted concentration was less than the WQ standard, but greater than SO% of the standard, Monthly Monitoring was assigned with no limit, If the predicted concentration was less than the WQ standard, but the chemical is a human carcinogen, Monthly Monitoring was assigned with no limit. If the predicted concentration was less than 50% of the WQ standard and the chemical is not a human carcinogen, or if there is no WQ standard for that chemical, no monitoring was required. Chloroform did not show RP, but monitoring is required as it is listed as a human carcinogen. of Effluent Toxicity Testing was not required due to the short term nature of this project, Each outfall will only be in service for a few months before work moves to a different location. Proposed Schedule of Issuance Draft Permit to Public Notice: August 14, 2013 Permit Scheduled to Issue: October 4, 2013 Permit Effective Date: November 1, 2013 Fact Sheet NPDES NCO089443 Page 2 of 3 ) NPD S Permit NCO089443 DES UNIT CONTACT If you have questions regarding y of the above information or on the attached permit, phase contact Jim McKay at (919) 80' -6404, or by email at a es.Mcl a (nc enr. ov. Name: Date: REGIONAL OFFICE COMMENTS: Name: Date: Fact Slicct NPL ES NC1089443 Page 3 of 3 Reasonable Potential Analysis (RPA) NCO089443 Myrtle/ Moorhead Storm Drairiage Improvements, City of Charlotte Zero Flow Stream, Surface No Water Dilution. Expected Maximum Standard, Limit �w Influent Predicted W L L Mo. Valueg/ Effluent' Chronic/ Avg/ Day Monitoring Parameter Carcinogen? L L RPA' Acute Type Standard RP? Max Requirements acetone N;---- --1--0-- -01-9-8 13 2,000 Aquattic Life No None 2. Chloroform Yes 4 0.44 6 170 Human Health No None Monthly 3 I cis--1,2-Dichloroethylen-e No 11 1,10 15 720 Human Health No None F4. Naphthalene No O�77 .0 U8 1 12/120 Aquatic Life No None - S. Tetrachloroethylene Yes 160 �00 16�00 16E 211 .3118 13.311800 Aquatic Uffel 3.3/1800 31 1"ju monthly y 6 6. ITrichloroethene Y I 7J7�K:�� 3777 Health 30.0 t Monthly -Notes: 1. Maximum predicted effluent concentrations were determined based on Highest Test Well Levels and 90% removal. 2. A coefficient of variation of 0.6 and multiplier of 13.2 was used to calculate RP (as outlined in NVs RPA procedure based on EPA Technical Support Document, n