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NC0083275_Regional Office Physical File Scan Up To 1/19/2021
. . NCDENR North Carolina Department of Environment and Natural Resources. Pat McCrory Governor ECEI VED S crefary n of or osource! November 24 2014 DEC :2014 - John Con, .. ; . g City Manager 1 Regional Operations Town of Forest City Wateroua�v lonai office _ Asheville Reg :..P. O. Box 728 Forest City.- NC 28043 Subject:Issuance of NPDES Permit PermitNC0083275: Harris Plant WWTP:-. Rutherford County lass ; C 'III :. Dear' Mr. Condrey: Division, personnel have reviewed and -approved your application for renewal of the subject: - permit.: Accordingly, we are forwarding the attached N. PDES-permit. This permit is issued pursuant to the requirements . of North Carolina. General Statute 143-215.1"and, the Memorandum. of Agreement . between. North, Carolina and'the U.S...Environmerital Protection Agency dated October 1.5, 2007 (or as subsequently. amended). The: Division notes' that this 'permit was previously :issued for an industrial textile wastewater discharge. The site is: currently inactive and envisioned as a fiiture. industrial park. Therefore, :this:: permit has been. changed: to reflect anticipated domestic wastewater: characteristics. Should future tenants :include industrial wastewater characteristics, this permit. may need to be modified.:Refer to:.. Special, Condition•A.(3) of this permit for more details. Summary of Changes in Final Permit from ExistingPermit ermit 1) Modified narrative on Supplement to Permit Cover Sheet to:address Authorization to Construct Yequir. ement prior to commencing.discharge.. Updated.componentlist. Prior to discharge additional improvements• must be completed to satisfy -minimum domestic wastewater treatment -design standards and,to: meet permit requirements. The Permittee must obtain an .Authorization to Construct (ATC). permit,- complete the construction; and submit an Engineer's .: Certificate before discharging [See Supplement to Permit. Cover _Sheet]. :. 2) Removed industrial: based TSS limits, CBOD limits, Sulfrde limits, Phenols limits, Yotal -. Chromium limits, and Oil and Grease limits. Removed monitoring for Conductivity, Total _ 1617 Mail Service.Center, Raleigh, North Carolina 27699-1617 Phone: 919'807-63001 Intemet: www.ncwaterquality.org . An Equal OpportunitylAffirmative Action Employer John Condrey, City Manager . .November 24, 2014 Page 2 of 3 Copper, Total Zinc, and effluent and instream Color.: Removed industrial parameters requirements, no longer applicable [See A.(1)]. 3) Converted.0.91-MGD industrial based BOD monthly mass limit -'to concentration basedlimii with '85%.Yemoval, applied1.."5 multiplier to calculate daily maximum limit, and implemented Class III monitoring frequency. New domestic wastewater treatment BOD limits were determined based on existing waste load allocation [See A.(1)]: - : 4) Added secondary-TSS-tr'eatMent limits with 85 % removal, Fecal Coliforin limits, and monitoring for a publicly ownedidomestic treatment facility. New TSS limits were determined based. on- CER.13 .102 and Fecal C'oliform limits based on 15 A NCAC 2B .040.6 [See ,.�: ro .an ,i 5) Added conditional Total Residual Chlorine limit and monitoring. New Total Residual Chlorine limit was determined based on 15A NCAC' 02B .0211. Monitoring is not required in the event chlorination is not used [See A.(l)]. 6) Added special. condition A. (4). Effluent,Mercury Analysis. Total Mercury analysis using Method 1631E must be submitted with next permit renewal application to comply with US EPA approved: state-wide Mercury TMDL ;[See special condition A.(4)]. 7) Updated narrative special condition A. (2) Chronic. Toxicity Permit Limit. Technical update of narrative [Seespecial condition A.(2)]. : 8) Added special condition. A. (5) Electronic Reporting of :Discharge Monitoring Reports and a: footnote to A. (1). The US- EPA guidance for electronic reporting was implemented; -compliance must begin no later than 270 days from the permit effective date [See special condition A.(5)]. 9) Removed special condition A. (4) Change of Ownership. Added new. special condition A: (3) Notification of Proposed Change in Wastewater Characteristics. If the Permittee proposes to discharge wastewater with characteristics significantly different than.100% domestic wastewater, they will need to notify the Division and request a Major Permit Modification If any parts, measurement "frequencies or sampling requirements contained in this permit are .unacceptable to you,- you have the right to an adjudicatory hearing upon written "request within thirty (30), days following receipt of. this letter. This request must be in-theform. of:a written petition, conforming to Chapter 150B of the North Carolina :General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall -be final and binding. Please note that this permit is- not transferable except after.notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the. Division of Water Resources or any other:Federal, State, or Local governmental permits that may be"required. i Permit NCO083275 STATE OF NORTH.. AROLINA DEPARTMENT OF ENVIRONMENT. AND NATURAL RESOURCES DIVISION- OF WATER RESOURCES. RMI PE T TO DISCHARGE WASTEWATER UNDER. THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM: In compliance with the provision of North .Carolina General Statute 143-215.1, other lawful standards -- -arid regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the = Town of:Fom - City is hereby authorized to discharge wastewater from a facility located at the Harris Plant WWTP = 1843, Jack McKinney Road south of Rutherfordton q. :Rutherford County to receiving waters designated as the Broad River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This .permit shall become effective ...... .. .. - .. _. January 1, 2015. This permit :and authorization to discharge shall expire at -midnight -on ....:... December 31, 2019. Signed this day . November 24, 2014. d mas A. Reeder, Director - 0, Ao 4 Division of Water Resources, . By Authority of the Environmental Management Commission Page 1. of 7 Permit NCO083275 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance; any previously issued permit bearing this number is no, longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the. permit conditions, requirements, terms, and provisions included herein. Town of Forest City, is hereby authorized to: 1. Upon approval of an Authorization to -Construct and after submittal of the signed Engineering Certificate,, to operate a 0.91 MGD wastewater treatment plant that consist of the following components: ➢ Three (3) influent bar screens ➢ One (1) 0.25 MG neutralization basin with mixers ➢ Two (2)1.5 MG aeration basins with -recycle pumps and blowers ➢ Two (2) 12 ft diameter clarifiers _with RAS pumps ➢ Effluent flow meter ➢ One (1) cascade post aeration.basin ➢ Effluent composite sampler ➢ Seven (7) 0.5 MG sludge digestors ➢. One (1) solids dewatering centrifuge ➢ One (1) -1.0 MG sludge holding tank ➢ Disinfection system (Future) ➢ Stand by generator (Future) ➢ Influent composite sampler (Future) Grit Removal System (Future) This facility is located at 1843 Jack McKinney Road south of Rutherfordton at the Harris Plant WWTP in Rutherford County. 2. Discharge wastewater from said treatment works at the location specified on the attached map into the Broad River, classified Class C waters in the Broad River Basin. Page 2 of 7 Permit NCO083275 - PartI. . ..A.('l) EFFLUENT LIMITATIONS, AND MONITORING REQUIREMENTS a.During the period beginning on the. effective :date of this permit and upon approval of an Authorization to Construct and after submittal ofthe. signed En meerin Certificate and lasting until expiration', the Permittee g g� g � g P is authorized to discharge from Outfall 'Oal.. Such discharges shall : be limited - and- monitored by the Pennittee as snecified below: EFFLUENT ,. :. ;..LIMITS ; .:.. MONITORING;REQUIREMENTS -,Monthly _. . Weekly. Daily 1Vleasuremerit Sample Sample CHARACTERISTICS Average. Average Maximum Frequency T"'e location Flow 0.91 MGD Continuous RecordingEffluent Influent or BOD; S-day, 20°C a 18.4 mg/L 27.6 mg/L .3/Week - Composite Influent and Effluent Total Suspended .Solids a 30.0 mg/L 45.0 mg/L 3/Week - Composite Influent. and Effluent Fecal Coliform. 206/100 400/100. 3/Week Grab Effluent (geometric mean) ml -ml ,- pH Not less than 6:0 S.U. not greater. 3/Week. Grab Effluent than 9.0 S.U. - Total Residual Chlorine 3 ..28 µg/L : 3/Week Grab,.. - Effluent Temperature, °C 3/Week --Grab - Effluent Total-Nitrogeri (V), mg/l Semi-annually : Composite Effluent- .. Total Phosphorus, mg/L Semi-annually Composite Effluent Chronic Toxicity Quarterly . Composite Effluent Footnotes: 1. No later than 270 days from the effective date :of this permit; begin. submitting discharge monitoring reports electronicallyusing NC: DWR's eDMR application system. See. Special Condition A.(5). 2. The monthly average'effluent Total: Suspended Solids ,and BOD concentrations shall not exceed 15 % of the respective influent value (85 % removal): 3. If chlorine:or chlorine derivatives are used for disinfection then the facility must monitor total residual: chlorine, and meet -the compliance limit. The Division shall consider all effluent TRC values reported - below 50 µg/L to be iii compliance with the permit. However, the Permittee shall continue to record and submit all -values reported.by a North Carolina certified laboratory -(including field certified); even if these values fall below 50 Kg/L. 4. TN =.TKN + NO3-N + NOz-N, where TN is Total Nitrogen, TKN is Total.Kj eldahl Nitrogen, and NO3- N + NO2-N are .Nitrate and Nitrite Nitrogen. respectively. 5. Chronic Toxicity. (Ceriodaphnia dubia) P/F at:.0.75%: March, June, September, and December. See Special Condition A. (2). b. There -shall be no discharge of floating solids or:visible foam.in other than trace: amounts... ,Page 3 of 7 = Permit NC008327 5 - A. (2) _ CHRONIC TO)ICITY PERMIT LIMIT. (QUARTERLY) :. The: 'effluent : discharge:' shall.. at :no time exhibit observable,' inhibition of reproduction . or significant mortality to Ceriodaphnia dubia at an, effluent concentration of 0.75%. The permit holder: shall perform at a::minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 201.0, or .subsequent versions or "North Carolina Phase II Chronic Whole Effluent. Toxicity Test Procedure") . (Revised- December 2010) :or subsequent versions. The tests will be performed during the months of March, June,- September; and December.: These months signify the. first month of each three month toxicity testing quarter: assigned, to the facility. Effluent sampling for this testing must be obtained ' during representative effluent discharge and shall be performed at the NPDES permitted .final effluent: discharge below all treatment processes. -If the test procedure 'performed- as :the -first test of any single ;quarter results in *a failure or ChV : below, the permit_ limit,. then multiple -concentration testing shall be performed: at a minimum; in each of the :two following. months as. described in "North Carolina Phase II Chronic Whole' - Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent: Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter: code TGP3B for the'pass/fail results. and THP3B for the: Chronic. Value. Additionally, DWR Eorm AT- 3 (original) is to be sent to the following address: Attention: North Carolina Division.of Water Resources Water'Sciences Section/Aquatic Toxicology Branch_ 16ML Mail Service'. Center :. Raleigh'' North Carolina-27699=1621 Completed Aquatic Toxicity Test'Eorms shallbe filed with the. Water Sciences Section no. later than 30 .. days after the end of the reporting period .for which: the report is made.. Test data shall -be complete, accurate, include all supportingchemical/physical. measurements and. all concentration/response: data, and be certified by laboratory- supervisor: and ORC or approved. designate signature.. - Total residual chlorine of the effluent: toxicity : sample must be measured and reported if chlorine. is employed for disinfection. of the waste stream. Should there be no' discharge of flow from -the 'facility during a month ' in which'toxicity monitorn is required, the permittee will complete the: inforrriation located at the top of the aquatic toxicity (AT) test form indicating the facility, name, permit number, pipe number, county, and the month/year of the report with. the notation of "No Elow" in the comment area of the form. The report shall: be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor.during a month in which toxicity monitoring -is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month _time interval that begins on the first day of the month in Which _ , toxicity testing is `required by this .permit'and continues .until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential, impacts to the receiving stream., this permit maybe re -opened and modified to include alternate monitoring requirements or limits. Page-4 of 7 Permit NCO083275 " (Continued A. (2) CHRONIC TOXICITY PERMIT'LIMIT (QUARTERLY)) If the Perinittee monitors any pollutant more frequently than required by this permit, the results of: such monitoring shall be included in the calculation and reporting of the data submitted on the DMR and AT Forms.:: NOTE: Failure to achieve test conditions as specified m.the cited .document; such as minimum control'- organism survival, minimum control organism reproduction,. and appropriate environmental` controls;', shall -constitute an invalid test and will require immediate follow-up testing to -be -completed no later than the last dayof the. month following the month: of the initial monitoring. A. (3) _-NOTIFICATION. OF. PROPOSED CHANGE.IN WASTEWATER CHARCTERISTICS The Permittee shall notify the Division prior ao commencing- a discharge .of industrial wastewater. The current permit reflects a discharge of 100% domestic wastewater. Any ,significant changes, in wastewater characteristies.wiMri equire a Major Permit Modification. A.. _:(4) EFFLUENT MERCURY ANALYSIS The Permitte'e shall provide in conjunction with'the next permitxenewal application a mimmum of one effluent: mercury: analysis: using. EPA Method 1631E determined within 12 .months, prior to the application date. Any: additional effluent:mercury measurements conducted shall also be submitted' with .. the renewal application. If the mercury analysis is not provided with the application, the application may be returned as. .incomplete and the. Pe'rmiee :considered non=compliant. - A. (5) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic -submittal of all discharge monitoring reports (DMRs) . and specify that, if a state: does not establish:a system to receive such submittals; then permittees must submit DMRs electronically.to the Environmental.°Protection Agency (EPA). The Division anticipates -that these -regulations will be adopted and. is beginning implementation in late.2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for- NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2) Reporting Section D. Records Retention • . SectiomE. (5.) Monitoring Reports. 1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning; no later than 270 days from the effective date of this: permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge - Monitoring Report:(eDMR) intem6t application. 'Page: 5 of 7 Permit NC0083275 (Continued A. (5) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS) Monitoring results- obtained during the previous month(s) shall be summarized for each month and submitted electronically 'using eDMR. The - eDMR system allows permitted . facilities. to enter, monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application- is compliant with EPA's Cross -Media Electronic - Reporting Regulation (CROMERR), permittees will be required to submit. all discharge monitoring -data to the. state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one . signed original and a copy of the .computer printed eDMR to the following address: NC DENR / Division of -Water Resources % Water Quality Permitting Section ATTENTION:. Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a perrnittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located 'in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the- electronic: reporting requirements maybe granted .and discharge _monitoring .data may be submitted -on paper DMR forms (MR 1, 1.1, ._2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above: Requests for temporary waivers -from the NPDES- electronic-- reporting requirements must be submitted in writing. to:the Division for written approval at least sixty (60) days prior to the date the _facility would be required under this permit to begin using eDMR. Temporary waivers shall be,valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically. -to the Division unless the permittee re -applies for and is granted a new temporary Waiver by the.Division., Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements -is found on the following web page: http://pottal.ncdenr. orv-/web/wq/admin/bog/ipu/edmr ,Regardless of the submission method, the first DMR is due on the last day of the month following the issuance ofthe.permit or in the case of a new facility; on the last day of the month following the commencement of discharge. 2. 'Sijjnatory Requirements [Supplements Section BJ11.) M and supersedes Section B. (11.) fd)1 All eDMRs submitted to the permit issuing authority shall be signed,by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized -representative of that person as described in Part II, Section B. (I I :)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. Page 6 of 7 Permit NC0083275 - (Continued A...(5) ELECTRONIC REPORTING OF _DISCHARGE MONITORING REPORTS) For eDMR submissions; the person signing and submitting the DMR must obtain :an eDMR user account and. login credentials .to access.: the eDMR system. For . more". information.. on North" Carolina?s -eDMR system, registering for eDMR- and obtaining an eDMR user account, please visit the following web: page:: 'http://portal.ncdehr.org/web/wq/admiiVbog/ipu/edmr Certification. Any person submitting: an electronic DMR using. the- state's eDMR system shall make the following certification [40.CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, :under penalty of law, that this document and all attachments mere prepared under my: direction or supervision in accordance with a system designed to assure that qualified personnel. properly gather, and evaluate the information submitted. Based on my inquiry of the.person or persons who manage the system, or those persons directly responsible for gathering the information, the information, submitted -is, to the best:of my knowledge and belief, true, accurate, and complete I. am aware that there are: significant penalties for submitting false information, including the :possibility offines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6:11 The .permittee. shall retain records; of all ::Discharge Monitoring Reports, including : eDMR . submissions. These. records: or copiesshall be maintained, for a period of at -least 3 years from -the date of the report.. This period may be extended 'by request of the Director at- anytime [40 .CFR 122:41].: : Page 7 of 7 VQ % ikl U V, /? j ���,� _ 1 I� _ `'_�\, .� # ti�.'C. \�: "�,� I l�l .'�-�--�1' )`'' fit. _ J-0 V11 V , 'ke Harris Plant \1 —4 (I- ams WWTP N\1 "A' NC0083275 Discharge 112' =-,.�.• I � IG to r �:�. -�.,� _ �•1l. N p U. 4 Z- Lit C % I A` V7 V p C I pfrl/�! A — 113 Al RFOR VI Orr N, j KALE: I in= 24000 it USGS Quad: GlINWFingerville East Outfall Facility Latitude: - 35'12'23"N 350-12'21" N Longitude: 81' 53' 15" W 810 53'4" W Stream Class: C North Subbasin: 03-08-02 HUC: 03050105 Receiving Stream: Broad River Facility Location Harris Plant WWTP NC0083275 Rutherford County NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water -Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected. manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditioris Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division' The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the-Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if• (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated, certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G' .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Condition's Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow -measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditiong Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected,. the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has-been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(l)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(l)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Condition's Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 . PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planVs treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Penmittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this `permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditiong , Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey OWSI 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(0(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(1 3),.0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-2.15.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special. conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted 1UP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5,, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)]. 7. POTW Inspection & Monitoring of their 1Us The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403'.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SlUs) at least once per calendar year for all SILT permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply, with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A. NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011'.1 NPDES Permit Standard Conditions , Page 18 of 18 NC DENR l Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North. Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative. A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (l Us) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POT, W's allocation table, new or modified enforcement compliance schedules, public notice of lUs in. SNC, a summary of data or other information related to significant noncompliance determinations for LUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR, 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A. NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (S1Us), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 Michael F. Easley t1 0.. )'ij x e'S Krn u.T Yror Z .. Governor �r Vyillla{:,;secretary North Carolina. Departmlent of'Environrnent-and NaturaPResources s October 24, 2008 Charles R. Summey H, Town Manager Town of Forest City P.O. Box 728 Forest City, NC 28043 leVsion H"S�IJnsr�ir ct �6l_of_1�llater-Qal OCT 30 2008 WATER, QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Issuance of NPDES Permit NCO083275 Harris Plant on NC SR 1111 Rutherford County Dear Mr. Summey: . Division personnel have reviewed and approved your application for renewal of the subject'permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October. 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 27, 2008. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit.does not affect the legal.requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 807-6393. Sincerely, t9 � / Coleen H. Sullins cc: Central Files • sheville Regional ©ffice, Surface Water''Protecti'on EPA Region IV NPDES Files N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 a 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 �/' Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 Permit NC0083275 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY -PERMIT . TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, -the Town of Forest City is hereby authorized to discharge wastewater from a facility located at the Harris Plant WWTP NCSR 1111 south of Rutherfordton Rutherford County to receiving waters designated as Broad River in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2008. This permit and authorization to discharge shall expire at midnight on July 31, .2013. Signed this day October 17, 2008. C en H. Sullins, Director Msion of Water Quality v uthority of the Environmental Management Commission Permit NCO083275 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Forest City is hereby authorized to: 1. Continue to operate an existing 0.91 MGD wastewater treatment facility consisting of. • three static bar screens • equalization/neutralization basin • dual aeration basins with fine bubble diffusers • two final clarifiers • Parshall flume effluent meter • sludge digester • sludge holding tank • standby generator This facility is located at the Harris Facility on NCSR '1111, south of Rutherfordton in Rutherford County. 2. Discharge wastewater from said treatment works at the -location specified ,on the attached map into the Broad River, currently classified C waters in the Broad River Basin. g S .4, A klq� 'A R7 Outfall 00 1 e - N3 A ..... ..... .... Town of Forest City StateGrid/Ouad: Fingerville/GIINW Latitude: 35' 12'23" N Longitude: 81' 53' 15" W Receiving Stream: Broad River Drainage Basin: Broad River Stream Class: c Sub -Basin: 03-08-02 ti r Permit NC0083275- A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENT$ During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER s r " ' +t i* 'k . � Limits; ti K�'3 Monitonng Requuemeats ; k f ; Monthly ' ",..ts. ;Daily Maximum *•'.,_. 7" p Measurement ''6 S' Zx w� i ?E Sam le�Type' ) ,a fi. J � � .r Sample � 3* .se s a Flow 0.91 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 140 pounds/day 272 pounds/day Weekly Composite Effluent COD 2219 pounds/day 3440 pounds/day Weekly Composite Effluent Total Suspended Solids 322 pounds/day 726 pounds/day Weekly Composite Effluent Sulfide 7.0 pounds/day 8.2 pounds/day Weekly Grab .Effluent Phenols 3.5 pounds/day 8.2 pounds/day Weekly Grab Effluent Total Chromium 3.5 pounds/day 8.2 pounds/day Weekly Composite Effluent Oil and Grease 30.0 mg/L 60.0 mg/L Weekly. Grab Effluent Temperature Weekly Grab Effluent pH > 6.0 and < 9.0 standard units 3/Week Grab Effluent Total Nitrogen Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent Conductivity Monthly 'Composite Effluent Total Copper Quarterly Composite Effluent Total Zinc Quarterly Composite Effluent Color2 (April -October) Monthly Composite . Effluent Colorz (April -October) Monthly 'Grab U & D Chronic Toxicity3 Quarterly Composite Effluent Notes: 1. U: at least 100 feet upstream from the outfall. D: at least 500 yards downstream from the outfall. 2. See A. (2) for details regarding color monitoring. 3. Chronic toxicity (Ceriodaphnia) P/F at 0.75 %; March, June, September and December [see A. (3)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2) COLOR MONITORING The permittee shall monitor color on a monthly basis during the summer season (April -October). Monitoring will include -effluent and instream sampling for ADMI color at natural pH. Effluent samples shall consist of 24-hour composites, while stream samples shall be collected as grab. If data shows that water quality standards for color are being violated by the discharge permitted by the terms of this permit, then the Director may reopen this permit for the purpose of imposing a requirement to perform a color reduction study pursuant to 15 A NCAC 2H. 0114. ~-1 Permit NCO083275 A. (3) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.75 %. The permit holder shall perform at a minimum,guarterlmonitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North 'Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specked in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential. impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the. month following the'month of the initial monitoring. Permit NC0083275 A. (4) CHANGE OF OWNERSHIP No later than May 29, 2009, the Permittee shall submit the following to the Division: 1. a statement indicating whether any physical alterations or additions to the permitted facility are planned which meet the notice requirements of Section E. 2 of Part II, Standard Conditions for NPDES Permits. 2. a complete flow justification for the proposed discharge and an Engineering Alternatives Analysis (EAA). If the Town is not employing the facility for wastewater treatment by the next permit renewal, the Division of Water Quality will rescind the Permit. a )ES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. - 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water, Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean -of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used. for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, -or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Version .1011012007 �TDES Permit Standard Conditions Page 2 of 16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge' is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge' for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average' calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DM or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 1011012007 i `'DES Permit Standard Conditions Page 3 of 16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. MonthlyAverage (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes. them to become inoperable, or substantial and permanent loss of natural resources. which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all;"daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the :Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified'to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a'civil penalty not to exceed $25,000 per dap for each violation. [40 CFR 122.41 (a) (2)] 1 c. The Clean Water Act provides that any person who negligntyviolates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or, -limitation implementing any of such sections in a permit issued under Version 1011012007 fDES Permit Standard Conditions -J 11� Page 4 of 16 section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] d. Any person who knosvingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 1011012007 J DES Permit Standard Conditions J Page 5 of 16 5. Property Rights The issuance of this permit does not convey any property rights -in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR-122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to, issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration„ or.any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to ,the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) Foi a corporation: by a responsible .corporate officer. For the purpose of this Section,,a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporationdn charge 'of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) .the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital" investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. Version 1011012007 �PDES Permit Standard Conditions � f � Page 6 of 16 b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior .to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CPR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility bf fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina - Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H,0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 1011012007 'DES Permit Standard Conditions I_ _ Page 7 of 16 The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢. Visit the facility at least five days per week, excluding holidays ➢ 'Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and- control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions'of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities, only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not, be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The-Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only.if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part - II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless:. (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment -downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b'. of this section. Version 1011012007 ?DES Permit Standard Conditions �.1 �Ij Page 8 of 16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset; and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner -such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the .requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 211.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 1011012007 .�?ES Permit Standard Conditions � ` Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a .monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the monthfollowing the completed reporting period. The first DMR is due -on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Qualify Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures ' Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are, below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting. level) approved method must be used. ` 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or, by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation Version 1011012007 ,'`pDES Permit Standard Conditions Page 10 of 16' ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any, facilities, equipment (including monitoring and control equipment), practices, or operations regulated or.required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise . authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results. in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. Version 1011012007 s)ES Permit Standard Conditions j 1 Page 11 of 16 4. Transfers This permit is not transferable to any ,person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR)-(See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or, disposal practices. b: If the Permittee. monitors any pollutant more frequently than, required by. this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6: Twenty-four Hour Reporting a. The Permittee shall report to the Director. -or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause;'the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue;- and steps .taken or planned 'to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b: The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368, or (919) 733-3300., 7. Other Noncompliance The Permittee shall report all instances'of noncompliance not reported under Part II: E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40'CFR 122.41 (I) (7)]. S. Other Information Where the Permittee becomes aware that it failed ' to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification . The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge.,of significant amounts of wastes which are abnormal in quantity or characteristic, such as. the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the, facility; or any other unusual circumstances. b. Any process unit failure, due to known -or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc: c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. r Version 10/10/2007 "PDES Permit Standard Conditions Page 12 of 16 Persons reporting such occurrences- by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availabilit�of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end 'of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process (es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; Version 10/10/2007 r f,)ES Permit Standard Conditions Page 13of16 (l) Five hundred micrograms per liter (500 µg/L); (2) One, milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that:pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section. E. Facility Closure Requirements The Permittee must notify the Division at least 90 days -prior. to the closure of any wastewater treatment system covered by this permit., The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs� All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include informationon(1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.- Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using - the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with. a closed cup .flashpoint of less than 140 degrees .Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21;. b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants- (BOD, etc.) released in a Discharge at a flow rate:and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; Version 1011012007 1 ; RDES Permit Standard Conditions Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per'15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate _legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Version 1011012007 )ES Permit Standard Conditions Page 15 of 16 5. Industrial User Pretreatment Permits (IUPI & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as' necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT)- which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted 'IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. 6. Authorization to Construct (AtQ The Permittee shall ensure that an' Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine,- independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (I'ARl The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904. (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC, 27699-1617 Version 1011012007 PDES Permit Standard Conditions Page 16 of 16 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms JDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified. enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; ' 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the 'Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 211.0907. Version 1011012007 _ I Wo ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary February 15, 2013 Town of Forest City WWTP P.O. Box 728 Forest City, NC 28046 Subject: Receipt of permit renewal application i NPDES Permit-N'G.008327 Rutherford County Dear Mr. John Condrey, The NPDES Unit received your permit renewal application on February 4th , 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please cont act the assigned permit writer. Sincerely, Jeff Pout Point Source Branch Cc: Central Files Ashville Regional Office NPDES Unit 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal. Opportunity1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ECE�% IE® F E B 1 9 2013 DWQ/Surface Water Protection Section Asheville Regional office NorthCarolina In INprr�r FOREsjcf� 9 f c i gortzit + I` 1 + Pd Eox 728 y �,�,i�j, �o¢t4i eawfina 280¢3 January 31, 2013 Charles H. Weaver. North Carolina Department of Environment and Natural Resources Division of Water Quality-NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: NPDES Permit Renewals Town of Forest City Rutherford County, North Carolina Dear Mr, Weaver We are hereby requesting renewal of the following NPDES Permits:_Fonest City WWTP No. NC0025984, Riverstone Industrial Park WWTP No. NC0087084, H�- arrr-is-P-lant WWTP No. . NC0.0832.7.5, and Forest City WTP No. NC 0074306. Please find attached one (1) original and two (2) copies each of this cover letter, and permit applications for each facility. Please note that Riverstone Industrial Park WWTP, Harris Plant WWTP and Forest City WTP have not discharged during the permit period and hence no sample information is available. If you have any questions please contact our engineer, David Honeycutt, PE, McGill Associates at 828-252- 0575 or my office at 828-245-4747. Sincerely, TOWN OF FOREST CITY iWL JOHN CONDREY City Manager cc: Mike Dowd, PE, McGill Associates, P.A. David Honeycutt, PE, McGill Associates; RECEIVED F E B 1 9 2013 DWQ/Surface Water Protection Section Asheville Regional Office FACILITY NAME AND PERMIT NUMBER: Harris Plant WWTP, NC0083275 FORM . 2q it A i NPDES PERMIT ACTION REQUESTED: RIVER BASIN: Renewal Broad APPLICATION OVERVIEW Form 2A has, been developed in,A modular format and consists of a- ".Basic Application. lnformation" packet: i and.a "Supplemental Application Information" packet. The Basic Application Information packet is divided into" two,'parts.-:Alllapplicants must complete Parts A,and C. Applicants .with a design flow greater thall i equal,.to 0.1 mgd, mustalso complete Part B. Some applicants must, also complete the Supplemental rApplication Information packet.:The-following items. explain which. parts of Form 2A you must complete . BASIC APPLICATION INFORMATION: A. Basic • Application Information for all Applicants. AII•applicants must complete questions A.1.through A.8. A treatment works that discharges effluent to surface waters of the United States: must also answer questions A.9 through A.12. B. Additional Application Information for Applicants with a Design Flow z 0.1 mgd: All treatment works that have.design flows: . greater than or equal to 0.1 million gallons per day must complete questions B.1 through 6.6. C. Certification. All applicants: must complete Part C (Certification). SUPPLEMENTAL APPLICATION, INFORMATION: D. Expanded Effluent Testing Data. A -treatment works that discharges effluent to surface waters of the United States and meets one or more of the.following criteria must complete Part D (Expanded Effluent Testing Data): 1. Has.a design flow rate greater than or equal to 1 mgd, 2. Is required to have a pretreatment program (or has one in place), or . 3. Is otherwise required by the permitting authority to provide the, information,. E. Toxicity Testing: Data: A treatment works that meets:one or more -of the following criteria must complete Part E (Tonicity Testing' Data): 1. Hasa design flow rate greater than or equal to 1 mgd, : 2. Is required to have a pretreatment program (or has one in place), or 3. :. 'Is otherwise required by the permitting authority -to submit results of toxicity testing. -F. Industrial User Discharges and RCRAICERCLA Wastes. A treatment works that accepts process wastewater from any significant industrial users (SIll or receives RCRA or CERCIA wastes must complete PartF (Industrial User Discharges and RCRAICERCLA Wastes). SIUs are defined as: 1. All industrial users subject to Categorical Pretreatment, Standards under 40 Code of Federal Regulations (CFR) 403.E and 40 CFR Chapter I, Subchapter N (see instructions); and 2. Any other industrial. user that: a. -Discharges an average of:25,000 gallons per day or more of process wastewater to the treatment works (with certain exclusions); or b. Contributes a process wastestream that makes up 5 percent or more'of the average dry weather hydraulic or organic capacity of the treatment plant; or c. Is designated as an SIU by the control authority.. G. Combined Sewer Systems, A treatment works that has a combined sewer system must complete Part G (Combined Sewer Systems). . .. - - . -`� ... Y :�� ..w; x .r. f v»"' ".�• r�i`r' _' m` eq•`v F.3�'Z n.,.r . s� AL AP.,P. (CANTS 1VI�U�ST COMPLETE, PART C (CE�RTIFI�ATi`ON,�. A INA el oune� NPDES FORM 2A Additional Information5' FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED:- T RIVER BASIN: Harris Plant WWTP, NCO083275 Renewal Broad BASIC AP - I6ATION WR ' AT ©N PART A. BASIC APPLICATION I INFOR ATION IFOR AL WAPPLICANTS: All treatment works -must complete questions'A.1 through A.8 of this Basic Application Information Packet. A.1. Facility Information. Facility Name Town of Forest City WWTP Mailing Address Post Office Box 728 Forest City, North Carolina, 28043 Contact Person Jeff Dotson Title WRF Superintendant Telephone Number (828) 248-5217 Facility Address Jovices Trail (not P.O. Box) Rutherfordton, North Carolina, 28139 A.2. Applicant Information. lf the applicant is different from the above; provide the following: Applicant Name Town of Forest -City WWTP . Mailing Address Post Office Box 728 Forest City. North Carolina, 28043 7. Contact Person John Condrev .Title " City Manager . Telephone Number (828) 245-4747 Is the applicant the owner or operator (or both) of the. treatment.works? ® owner ® operator Indicate whether correspondence regarding this permit should be directed to the facility or the applicant. ' ❑ facility ® applicant A.3. 'Existing Environmental Permits. Provide the permit number of any -existing environmental permits that have been issued to the treatment works (include state -issued permits). NPDES NCO083275 PSD UIG Other RCRA- Other A.4. Collection System Information.' Provide information on municipalities and areas served by the facility. Provide the name and population of each -entity and, if known, provide' information on the type of collection system (combined vs. separate) and its ownership (municipal, private, etc.). Name Population Served Type of Collection System Ownership Rutherford Countycommercial/unknown Separate Municipal Total population served,' ' commerciallunknown. FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: NPDES FORM 2A Additional Information Harris Plant WWTP, N( 83275 Renewal: Broad A.5. Indian Country. 6. Is the treatment works located in Indian Country? F] Yes N-No b. Does the treatment works discharge to a receiving water that is either in Indian: Country or that is upstream from (and eventually flows - through) Indian Country? ❑ Yes 0 .No A.6. Flow. Indicate the design flow rate of the treatment plant (Le.', the wastewater flow rate that at the plant was built.to handle). Also provide the average daily flow rate and maximum daily flow rate for each of the last three years. Each year's data must be based on a 12r.month time period. with the 12 1h Month of "this year" occurring no more than three months prior to this application submittal. a. Design flow rate nia mgd Two Years Ago Last Year This Year. b. Annual average daily flow rate 0.0 0.0 0.0 c. Maximum daily flow rate -fila n1a n/a .A.7. Collection System. Indicate the type(s) of collection system(s) used by the treatment plant. Check all that apply. Also. estimate the percent contribution (by miles) of each. Separate sanitary sewer 100 % O'Combined storm and sanitary sewer % A.8. Discharges and Other Disposal Methods. 6. Does the treatment Works discharge effluent to Waters of the U.S..? Yes. ❑ No If yes; list how many of each of the following types of discharge points the treatment works uses: I. Discharges of treated effluent ii. Discharges of untreated orpartially treated effluent n/a III. Combined sewer overflow points n/a iv. Constructed emergency overflows (prior to,the-headworks) h/a v. Other b. Does the treatment works discharge effluent to basins, ponds, or other surface, impoundments that do not have outlets for discharge to waters of the U.S.? 0 Yes No If yes, provide the following for each surface Impoundment: Location: Annual a . verage daily volume discharge to surface impoundm . ent(s) mgd -,Is discharge 0 continuous or ❑ intermittent? c. Does the treatment works land -apply treated wastewater? El - Yes No If yes, provide the following for each land application site: Location: -Number of acres: Annual average daily volume applied to site: mgd Is land application 0 continuous or [I intermittent? d. Does the treatment works discharge or transport treated or untreated. wastewater to another treatment works? ❑ Yes No NPIDES FORM 2A Additional Information FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Harris Plant WWTP, NCO083275 Renewal Broad If yes, describe the mean(s) by which the wastewater from the treatment works is discharged or transported to the other treatment works (e.g., tank truck, pipe). If transport is by a party other than the applicant, provide: Transporter Name Mailing Address Contact Person Title Telephone Number For each treatment works that receives this discharge, provide the following: Name Mailing Address Contact Person Title Telephone Number If known, provide the NPDES permit number of the treatment works that receives this discharge Provide the average daily flow rate from the treatment works into the receiving facility. mgd e. Does the treatment works discharge or dispose of its wastewater in a manner not included in A.8. through A.8.d above (e.g., underground percolation, well injection): ❑ Yes - ® No If yes, provide the following for each disposal method: Description of method (including location and size of site(s) if applicable): Annual daily volume disposed by this method: Is disposal through this method ❑ continuous or ❑ intermittent? NPDES FORM 2A Additional Information L FACILITY -NAME AND'PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN:' Harris Plant WWTP, NCO083275 Renewal Broad WASTEWATER DISCHARGES: If you answered "Yes" to question A.8.a, complete questions A.9 through A.12 once for each outfall:(including bypass points).through which effluent is discharged. Do not include information on combined sewer overflows in this section. If you answered "No" to nuestion go to Part B, "Additional Application Information for Applicants with a Design Flow Greater than or Egdal to 0.1 mgd." A.9. Description of Outfall. a. Outfall number 1 b. Location Town of Forest City - 28043 (City or town, if applicable) (Zip Code) Rutherford North Carolina (County). (State) 350 12' 21 °N 81 ° 53' 7"W (Latitude) (Longitude) C. Distance from shore (if applicable) n/a ft. d. Depth below surface of applicable) n/a ft• e. Average daily flow rate 0.0 mgd f. Does this outfall have either an. intermittent or a- periodic discharge? ❑ Yes ® No (go to A.9.g.) If yes, provide the following information: Number f times per year discharge occurs:; n/a Average duration of each discharge: n!a Average flow per discharge: n/a mgd Months in which discharge occurs: n/a " g. Is out fall equipped with a diffuser? ❑ Yes ®.No A.10. Description of Receiving Waters. a. Name of receiving water Broad River b. Name of watershed (if known) Broad United States Soil Conservation Service 14-digitwatershed code (if known): Unknown C. Name. of State Management/River Basin (if known): United States Geological Survey 8-digit hydrologic cataloging unit code (if known): Unknown d. Critical low flow of receiving'stream (if applicable) acute cfs- chronic cfs e. Total hardness of receiving stream at critical low flow (if applicable): mg/l of CaCO3 NPDES FORM 2A Additional Information _ ' FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Hafris Plant WWTP, NCO083275 Renewal Broad A.11. Description of Treatment a. What. level of treatment are provided? Check all that apply. ® Primary ® Secondary ❑ Advanced ❑ Other. Describe: b. Indicate the following removal rates (as applicable): Design BOD5 removal or Design CBOD5 removal 85 Design SS removal 85 Design P removal N/A 'Design N removal N/A Other %. C. What type of disinfection is used for the effluent from this outfall? If disinfection varies by season, please describe: Chlorine If disinfection is by chlorination is dechlorination used for this outfall? ® Yes ❑ No Does the treatment plant have post aeration? ❑ Yes ® No A.12. Effluent Testing Information. All Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40•CFR Part 136. At a minimum, effluent testing data must be based on at least three samples and must be no more than four and one-half years -apart. Outfall number: 1 MAXIMUM DAILY VALUE AVERAGE DAILY VALUE PARAMETER Value Units Value Units Number of Samples pH (Minimum) s.u. :.; _=__;;€;::!€;:°:: _€__€-_ €i=,!,i,; _...-._...... _.._:................ .. pH (Maximum) .. S.U. . _ 'Ts, rv3 r�°i�!ni 17SIrr rv"F5i'Sk�tym "4"'ii ;gM s_ 1.��tngl9i_"r �orli j El N Flow Rate No wastewater was disposed of by discharge during this permit cycle. Temperature .(Winter) Temperature (Summer) * For pKplease report a minimum and a maximum daily value MAXIMUM DAILY DISCHARGE AVERAGE DAILY DISCHARGE' POLLUTANT ANALYTICAL ML/MDL Conc. Units Conc. Units Number of METHOD 'Samples CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS BIOCHEMICAL OXYGEN BOD5 DEMAND (Report one) CBOD5. FECAL COLIFORM TOTAL SUSPENDED SOLIDS (TSS) EN�Q o:� I'�F2T A: �• �' RIEFER T4 HE APPLICATION 01/ER IEW (iPAGE 1) TQ DETRMDNE WHIC OT IER PARTS OF F©RM ZA i(OU M�UST C©M.PLETE NPDES FORM 2A Addition -al Information FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Harris Plant WWTP, NC008327.5 Renewal Broad Jill Al Jill! APPLICATION INFOR ATION z ' PART B. AD r ITIONAL APPLICATION INFORMATION FORA PLICANTS WITH A DESIGN FLOW GREATER THAN OR EQUAL TO U.1 MGD (100 .0.0 gallons All applicants with a design flow rate z 0.1 mgd must answer questions B.1 through B.6. All others go to Part C (Certification). .B.1. Inflow and Infiltration. Estimate the average number of gallons per day that flow into the treatment works from inflow: and/or infiltration. N/A Plant is not currently discharging gpd Briefly explain any steps underway or planned to minimize inflow and infiltration. B.2. Topographic Map. Attach to this application a topographic map of the area extending at least one mile beyond facility property boundaries. This map must show the outline of the facility and the following informatior. (You may submit more than one map if one map does not show the entire area.) a. The area surrounding the treatment plant, including all unit processes. b. The major pipes or other structures through which wastewater enters the treatment works and the. pipes or other -structures through which treated wastewater is discharged from the treatment plant. Include outfalls from .bypass piping, if applicable. c. Each well where wastewater from the treatment plant is injected underground. d. Wells, springs, other surface water bodies, and drinking water wells that are: 1) .within 'A mile of the property boundaries of the treatment works, and 2).listed in public record or otherwise known to the applicant. e. Any areas where the sewage sludge produced by treatment works is stored, treated, or disposed. f: If the treatment works receives waste that is classified as hazardous under the Resource Conservation and Recovery Act (RCRA) by truck, rail; or special pipe, show on the map where the hazardous waste enters the treatment works and where it is treated, stored, and/or disposed. B.3. 'Process Flow Diagram or Schematic.. Provide a diagram showing the processes of the treatment plant, including all bypass piping and all backup power sources or redunancy in the system. Also provide a water balance showing all treatment units, including disinfection.(e.g., chlorination and dechlorination). The Water ba?ance must shosy daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units. Include a biiaf narraii Ve description of the diagram. B.4. Operation/Maintenance Performed by Contractor(s). Are any operatii.nal br maintenance aspects (related to wastewater treatment and effluent quality) of the treatment works the responsibility of a contractor? ❑ Yes ® No If yes, list the name, address, telephone number, and status of each contractor and describe the contractor's responsibilities (attach additional pages if necessary). Name: Mailing Address: Telephone Number: ( 1 Responsibilities of Contractor: B.5. Scheduled improvements and Schedules of Implementation. Provide information on any uncompleted implementation schedule or uncompleted plans for improvements that will affect the wastewater treatment, effluent quality, or design capacity of the treatment works. If the treatment works has several different implementation schedules or is planning several improvements, submit separate responses to question B.5 for each. (If none, go to question B.6.) a. List the outfall number (assigned in question A.9) for each outfall that is covered by this implementation schedule. 1 -b. Indicate whether the planned improvements or implementation schedule are required by local, State, or Federal agencies.. ❑ Yes ® No NPIJ FORM 2A Additional Information FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Harris Plant WWTP, NCO083275 Renewal Broad :c. If the answer to B.5.b is "Yes," briefly describe, including new maximum daily inflow rate (if applicable). d. Provide dates imposed by any compliance schedule or any actual dates of completion for the implementation steps listed below, as applicable. For improvements planned independently. of local; State, or Federal agencies, indicate planned or actual completion dates: as applicable.- Indicate dates as accurately as possible. Schedule Actual Completion Implementation Stage MM/DD/YYYY MM/DD/YYYY Begin Construction - End Construction - Begin Discharge -Attain Operational Level e. Have appropriate permits/clearances concerning other Federal/State requirements been obtained? ❑ Yes . ❑ No Describe briefly: B.& EFFLUENT TESTING DATA (GREATER THAN 0.1 MGD ONLY). Applicants that discharge to waters of the.US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combine sewer overflows in this section. All information reported must be based on data collected through analysis conducted using. 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other. appropriate QA1.QC requirements for standard methods for analytes. not addressed"by 40 CFR,Part 136. At a minimum effluent testing data must be based on at least three pollutant scans and must be no more than four and on -half years old. Outfall Number: 1 MAXIMUM DAILY DISCHARGE AVERAGE DAILY DISCHARGE POLLUTANT ANALYTICAL ML/MDL Conc. Units Conc. Units Number of METHOD Samples - CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS AMMONIA (as N) . No wastewater was disposed of by discharge during this permit: cycle. CHLORINE (TOTAL RESIDUAL,-TRC) DISSOLVED OXYGEN TOTAL KJELDAHL NITROGEN .(TKN) NITRATE PLUS NITRITE NITROGEN OIL and GREASE PHOSPHORUS (Total) TOTAL DISSOLVED SOLIDS . (TDS) OTHER E • D OF PART 6. REFER TQ HE APPLICATION 01IER1/I�EW IPAGE 1) TO DETERIM'I!NE WHICH OTHE - PA TS OF FORM 2A YOU MUST C � MP ETE NPDES FORM 2A Additional Information- FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION. REQUESTED: RIVER BASIN: Harris .Plant WWTP, NCO083275 : Renewal- broad �`4 BAStC APPLICATION l'N '©R ATION All applicants. must complete the Certification Section. Refer to instructions to determine who is an officer for the purposes of this :certification. All applicants must complete all applicable sections of Form 2A, as explained in the Application Overview.. Indicate below which: parts,ofporm 2A you have completed and are submitting. By signing this certification statement, applicants confirm that they have reviewed' Form, 2A and have completed all, sections that:apply to the facility for which this application is submitted. Indicate.which parts of Form2A you have completed and are submitting: ® Basic Application Information packet Supplemental Application Information packet: ❑ Part D (Expanded Effluent Testing Data) :Part E (Toxicity Testing: .Biomonitoring Data) ❑ Part F (Industrial User Discharges and RCRA/CERCLA Wastes) ❑ Part G (Combined Sewer Systems) ALL APPLICANTS MUST COM LET€ THE FOLLOWING CERTI ICATION. I certify -under penalty of law that this document'and all attachments were prepared under rriy direction or supervision in. accordance with .a system designed to -assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who .:manage the system or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that.there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name and official title John Condrev, Citv Manager Signature Telephone number (828) 2454747 ) 1-3 /. Date signed Uponrequest of the permitting authority, you must submit any:other information necessary to assure wastewater treatment practices at the treatment works or identify appropriate permitting requirements. NPDES FORM 2A Additional Information �'7 FIN w 7 PLAN N-1 2000 0 1000' 2000 00 L) 110 GRAPHIC SCALE -1 INCH 2000 FEET ;1j, 1'- it 7 4 5 1j N V T VS r p"I -X' ve WERN M M 14, Vol HARRIS W WASTEATER KLA I M ENT PLANT .,CjINDPESNo, 'NC00832o b 6I q l To 11 (F.- qk j NZ-, \g'y Z. N N, V" 'V 71 9) M, UNNAN ak it I-V N Nil 41 o7T77S McGMoslcNREVIEw:_TOWN OASSOCI- NPIDES PERMIT RENEWAL OF FOREST CITYEBW JOB NO.: 12.()0374 DATE: JANUARY 2013 DESIGNED BY: OLHCADD- BY: LOCATION MAP SHEET ATES I CONST. REVIEW: ENGINEERING-PLANNING-FINANct iSHROA—REM AiIIINII�NC=I M(HU11524K$ HRkCWE4C-WJ RUTHERFORD COUNTY, NORTH CAROLINA FILE NAME; 12.003T4-DI;�harge.dW9 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 6, 2009 Mr. Charles R. Summey, II Town of Forest City P. O. Box 728 Forest City, NC 28043 Subject: Draft NPDES' Permit Permit Number NCO087084 Riverstone Industrial Park WWTP Rutherford County J 17 Dee Freeman Secretary. MAY - 7 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Dear Mr. Summey:. Enclosed with this letter is a copy of the draft permit for your facility. Please review the' draft very carefully to ensurelhorough understanding of the conditions and requirements it contains. The draft permit contains the -following changes from the terms found in your current permit: • The facility description and permit limits pages have been updated to show the existing facility has capacity of 0.05 MGD with provision for expansion to 0.1-MGD.. • A footnote has been added regarding the reporting and compliance determination of Total Residual Chlorine values. Please submit any comments to nie no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no .adverse comments are received from the public or from you, this permit will likely be issued in July 2009, with an effective date of August 1, 2009. If you have any questions or comments concerning this draft permit, call me at (919) 807-6398, or via e- mail at bob.sledge@ncmail.net. Sincerely, B b Sledge Point Source Branch cc: Central Files' �1'�'s`h�ill1e R,eg on"al!Ug�Mce/Surface Water Protection Section NPDES Files 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity\ Affirmative Action Employer NonrthCaioua i �atura!! e e>itgC 0808 M AY 7 2009 STATE OF NORTH CAROLINA ' . DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURC ,$jA �-4 T w f DIVISION 'OF WATER. QUALITY 4t,rt �_= i� ricE PERMIT . TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with, the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and. the Federal Water Pollution Control Act, as amended; .the Town of Forest City is, hereby authorized to discharge wastewater from, a facility located at Riverstone Industrial. Park WWTP US Highway 221 Rutherford County to receiving waters designated as the Broad River -in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I;'II, III, and. IV = hereof. The.permit shall become effective. This permit and the authorization to -discharge shall expire at midnight on July 31, 2013. Signed this day. DRAFT, Coleen H. Sullins,. Director . . Division of Water Quality By Authority of the Environmental Management Commission Permit NC0087084 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to -this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. _Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Forest City is hereby authorized to: 1.- Continue to operate an existing 0.05 MGD wastewater treatment plant consisting of: , !. Bar Screen • Flow equalization • Sequencing Batch Reactor Units • Chlorine disinfection • Dechlorination • Digester This facility is located at the Riverstone Industrial Park WWTP, located off US Highway 221,'south of Forest City, in Rutherford County, and, 2. After receiving an Authorization to Construct, expand the existing was treatment facility to . a permitted design capacity of 0.10 MGD; and 3. Discharge from said treatment works through outfall 001 into Broad River, a Class C water in the Broad River Basin, at the location specified on the attached map. r f I Permit NCO087084 SECTION A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the,effective date of this permit and lasting until expansion above.0.05 MGD, the Permittee is authorized. to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: xEFFLUE(dTLIMITATIONS�r r �, �j�a, MO�VITOiINGREQUIREMENTS( �� � ;CHARACTERISTICS. f ` Monthly 4'Weel<ly- ,r Daily =Measurement n `xr a ;Sample Average' f Average Maximum Frequencyl_ocation� Sample Flow 0.05 MGD Continuous Recording I or E BOD, 5-day, 20°C 2 30.0 mg/I 45.0 mg/1- Weekly Composite- E,I - Total Suspended Residue2 30.0 mg/I 45.0 mg/I Weekly - Composite E,I - NH3 as N 2/month Composite E Total Residual Chlorine3 28Ng/I Weekly Grab E Fecal Coliform (geometric 200/100 ml 400/100 ml Weekly Grab...E mean) pH4 Weekly _ " Grab E Temperature °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi-annually Composite E Total Phosphorus Semi-annually Composite .: E Acute Toxicity Quarterly Composite- E Notes: 1. Sample locations:, E- Effluent, I- Influent. 2. The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the . respective influent value (85% removal). 3. The Division shall consider all effluent TRC values reported below. 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 4. The pH shall not be less than 6:0 standard units nor greater than 9.0 standard units. 5. Acute Toxicity Pass/Fail Limit (Fathead minnow); March, June, September, December; refer to . Special Condition A: (3.). There shall be no discharge of floating solids or visible foam in other than trace amounts.:. Permit NCO087084 SECTION A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the date of expansion of the facility beyond 0.05 MGD and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Vk „,i #} EFFLUENTxLIMITATIONS;i ur'h, MONITORING REQUIREMENTS k � EFFLUENT; a - t a } '`CHARACTERISTICS r -� Monthly k a Weekly' � t Dail y �� Measurement �_ X x t ' r "Average „�k } r � ;Sam le T et" .Sample , a t. r Average Maximum; Frequency „ary, P ,yp, } o1 ,Location Flow 0.10 MGD Continuous Recording I or E BOD, 5-day, 200C 2 30.0 mg/1 45.0 mg/I Weekly Composite E,I Total Suspended Residue2 30.0 mg/l 45.0 mg/I Weekly Composite E,I NH3 as N 2/month Composite E Total Residual Chlorine3 28Ng/I Weekly Grab E Fecal Coliform (geometric mean) 200/100 ml 400/100 ml WeeklyGrab E pH4 Weekly Grab E Temperature °C Weekly -Grab E Total Nitrogen (NO2+NO3+TKN) Semi-annually Composite E Total Phosphorus Semi-annually Composite E Acute Toxicity5 Quarterly Composite : 'E Notes: 1. Sample locations: E- Effluent, I- Influent. 2. The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. Acute Toxicity Pass/Fail Limit (Fathead minnow); March, June, September, December; refer to Special Condition A. (3.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO087084 A. (3.) °ACUTE -TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The pern&tee shall conduct acute _toxicity tests on a quarterly basis using protocols defined in the North Carolina ProcedureDocumententitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration' (Revised -July, 1992 or subsequent versions) The monitoring shall be performed as a. Fathead- Minnow -(Pimepfiales. promelas)- 24 hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as'treatment two in the procedure document). Effluent .samples for self -monitoring purposesmust be obtained during representative effluent discharge below all waste treatment.',The tests will be performed during the months of March, June, September and December. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form. (MR-1) for the month in'which it was performed.' using the parameter code TGE6C. Additionally, DWQ Form, AT-2. (original) is to be sent to the following address:' Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center- Raleigh, North Carolina 27699-1621 Completed -Aquatic Toxicity Test:: -Forms shall be filed with -the Environmental Sciences Section no later than 30 days after the end of ;the reporting period for which the report is.made. 'Test data shall be. complete and accurate and include -all supporting, chemical/physical measurements performed in association with the toxicity'tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample• must be measured and reported if chlorine is employed for disinfection of the waste stream. . Should there be no discharge of flow from. the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area: of the form. The report shall be submitted to the Environmental.' Sciences Section at the address .cited above. Should any,single quarterly monitoring indicate a failure to meet specified limits, -then monthly monitoring will.begin immediately until such time that`a single test is passed. Upon passing, this monthly test requirement will revert to quarterly. in the, months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin, immediately until such time,that a single test is passed. Upon passing, -this monthly test requirement will revert to quarterly -in the months specified above. Should any test data,. -from either these monitoring requirements -or tests performed by the North Carolina Division of Water.Quality indicate `potential impacts to the receiving stream, this permit may be re -opened and modified to .include alternate monitoring requirements or limits. If the Permitted monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in,the.cited document; such as minimum control .organism survival and appropriate environmental controls,'shall constitute an invalid test and will require immediate follow-up testing to be completed 'no later than the last day of the month following the month of. the initial monitoring. Quad: Chesnee, S.C. NCO087084 Subbasin: 30802 Town of Forest City Latitude: 1 2 Longitude:: 81'5050'29" Riverstone Industrial Park WWTP Receiving Stream: Broad River Stream Class: C Facility f Location�� y NOrfh SCALE 1:24000 State of North Carolina Department of Environment. • and Natural Resources Division of Water Quality Michael F. Easley, Governor`'``'"r D .William G. Ross, Jr., Secretary« CEN-R., ORTH _AROLINA DEp4RTM • F71R(t r11 c AL�So een u Ins, Irec or AES,, August 27, 2008 " Charles R. Summey II, Town Manager 2 8 2008 Town of Forest City AUG i P.O. Box 728 Forest City, NC 28043 w��.::>_uA'..-ITY SECTION'; f�_Wit=G10PdALOFFICE; Subject: "r Draft NPDES Permit'" °a Permit.l�CO_ _ 3275 ` ►Hams Plant on -NC SR 1111 Rutherford County _ Dear Mr. Summey: _ Enclosed with this letter is.a. copy of the draft permit for your facility. Please review the draft very carefully to. ensure thorough understanding of the. conditions and requirements it contains. The draft permit contains the following significant changes from . your current - permit: • Change of Ownership special condition was added to the permit (Please See -A. (4.). Please. submit , any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the "bottom .of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in late October, with an effective date of December.1, 2008. If you have any questions or comments concerning this draft permit, contact me at the telephone number or e-mail address listed at the bottom of this page. Sincerely, Sergei Chernikov, Ph.D. Environmental Engineer II NPDES-West cc: NPDES Files vTfli - Regional fce / Surface Water Protection" . Aquatic Toxicology Unit EPA Region IV - NPDES Unit,1617 Mail Service Center, Raleigh, North Carolina 27699 919 80776393 (fax) 919 807-6495. An Equal Opportunity Affirmative Action Employer - sergei.chemikov@ ncmail.net Permit NCO083275 STATE OF NORTH CAROLINA " DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Draft PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL :POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina G"energ Statute 143=215.1, other lawful - standards and regulations promulgated and adopted by the.North Carolina Environmental Management Commission, and the Federal Water Pollution Control. Act, as amended, TOWN OF FOREST CITY is hereby authorized to discharge wastewater from.a. facility located at the 'Harris Plant - on NCSR 1111 south of Rutherfordton Rutherford County to receiving waters designated as Broad River in the Broad River Basin - in accordance with effluent limitations, monitoring requirements, and other conditions set forth in. Parts I, II, III and IV hereof. : This permit shall become effective This permit and authorization -to discharge shall expire.at midnight on July-31, 2013. Signed this day Coleen H. Sullins, Director. Division of Water Quality By Authority of the Environmental Management Commission Permit NC0081 75 SUPPLEMENT TO PERMIT COVER SHEET 'All previous NPDES Permits issued to this facility, whether for operation or discharge, are her revoked.- As of this permit issuance, any previously issued -permit bearing this- number is no longer- e ecttve. TEerefore,.. the exc usive au ority to operate and discharge liom this facility arises under the permit conditions, requirements, terms, and 'provisions included herein. Town f Forest City is hereby authorized to: -- 1. Continue to operate an existing 0.'91 MGD wastewater treatment facility consisting of. _ . three static bar screens equalization/neutralization basin dual aeration basins with fine bubble diffusers two final clarifiers • Parshall flume effluent meter • sludge digester • sludge holding tank • standby generator and located at the Harris Facility on NCSR 1111, south of Rutherfordton, Rutherford County; and 2. Discharge wastewater from said treatment works at the'location specified on the attached map into the Broad River which is classified C waters in the Broad River Basin., Permit NCO083275 • A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: - y =: EFFLZTENT'�r CHARACTERISTICSs`� T+'-`:y`G"i v #� 3i `L% SN'iy y.,» , 4" k s }t� 9f Limitsf s' s s 9 c 4 #: °� a'r a N 1 ' Monitoring Requirements �" $' :%F a t wags c N N .s t ur Y4_ . •. r ° «Monthly ,� �Avera a� >* r: r, w a, Daily Maximum° a 4 �: 1 Measurement #Fre uenc , .y ., Sample Typ. s Sample r" Loca'tion,, .,, Flow 0.91 MGD Continuous Recording I or E BOD, 5-day (20°C) 140 lbs/day 272 lbs/day Weekly Composite E COD 2219lb§/day 3440lbs/day Weekly Composite E Total Suspended Solids 322 lbs/day 726 lbs/day Weekly Composite E Sulfide 7.0lbs/day 8.2lbs%day Weekly Grab E Phenols 3.5lbs/day 8.2lbs/day Weekly Grab E Total Chromium 3.5 lbs/day 8.2 lbs/day Weekly Composite E Oil and Grease 30.0 mg/L 60 mg/L Weekly Grab E Temperature Weekly Grab E PH2 3/Week Grab E Total Nitrogen Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E Conductivity Monthly Composite E Total Copper Quarterly Composite E Total Zinc Quarterly Composite E Color3 (April -October) Monthly Composite E Color3.(April-October) Monthly . Grab U,D Chronic Twdcity4 Quarterly Composite E Notes: 1. Sample Locations: E- Effluent, I- Influent,. U-Upstream 100 feet upstream of discharge, D-Downstream 500 yards below discharge. 2. .The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Refer to Special Condition A.(3.) - 4. Chronic toxicity (Ceriodaphnia) P/F at 0.75 %; March, June, September and December. See Special Condition A. (2.) There shall be no "discharge of floating solids or visible foam in other than trace amounts. . Permit NC0083275 A. (2.) CHRONIC TOXICITY. PERMIT LIMIT (QRTRLYj The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.75 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Cenodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998 -or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent -Versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the. NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be'entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed,with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements, and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample'must'be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility _name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. . Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re opened and modified to include alternate monitoring requirements or limits.. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction,. and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. . Permit NCO083275 A. (3.) COLOR MONITORING. The permittee shall monitor color on a monthly basis during the summer season (April -October). Monitoring will include effluent and instream sampling for ADMI color at natural pH. Effluent samples shall consist of 2.4-hour composites, while stream samples shall be collected as grab. If data shows that water quality standards for color are being violated by the discharge permitted by the terms of this permit, then the Director may reopen this permit for the purpose of imposing a requirement to perform a color reduction study pursuant to 15 A NCAC 2H. 0114. A. (4.) CHANGE OF OWNERSHIP - Within 180 days after the permit become effective, the following shall be submitted to the Division of Water Quality: 1. a statement indicating whether any physical alterations or additions to the permitted facility are planned which meet the notice requirements of Section E.2 of Part II, Standard Conditions for NPDES Permits. 2. a complete flow justification for the proposed discharge and an Engineering Alternatives - Analysis (EAA). If the Town is not employing the facility for wastewater treatment by the next permit renewal,. the Division of Water Quality will rescind the Permit. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT - NPDES No. NCO083275 _ fnfornation i Qpplicant/Facility Name �; ` Town of Forest City— Harris Facility Applicant Addr':ess ,`.f_: ` ' `E? „` P.O. Box 150, Harris, NC 28014 FaeilityA�ddress vit ��.;,. s' 1843 Jack McKinney Rd., Rutherford, NC 28139 Permitted`Flow (MGD,) ,t ` 0.91 MGD Type ofaWaste",' xE 100 % Industrial t Y :`, s ..Es Facllity Classfcafion,_y . III .,„zy PermifStatus�f'pa .��a..ns,;., Renewal Rutherford ,��^.ciscellaneous- — Broad River Regional,Qffice 'z,.;a _ ARO ;:Receiving,Strearn f *Stream?,Classifications*.; C State,Gnd`;% USGS Quad: ' Fingerville 303(d)`Listed, `,..,. Yes Permit Writer "' r v Sergei Chemikov T , . ;E ;Basin 030802 KPOte'; 08/18/2008 rain 9 :e Area mil ,l? i . ( ) ..; ..... �, 548 Summert7Q10 (cfs) `, 186 *lN 285 300(cfs)°E t.5; "`' 436 Lat. 350 12'23" N Long. 810 53' 15" W Average Flow (cfs) . ;`. >T 946 I,WC (%) xxts r� ;rr 0.75 5 f a., i,r �. k x.. s7?•�.t SUMMARY - The Harris Facility was a textile plant that finished Broadwoven fabrics of cotton and manmade fabrics of fibers and silk. The operations at the facility include desizing, scouring, bleaching, mercerizing, and resin treatment. Some fabric was dyed. The discharge was regulated under 40 CFR 410, Subpart D, Part 410.45 (New Source Performance Stanards). The facility has a wastewater treatment plant on site to provide treatment for the industrial process wastewaters. Domestic wastewater was treated separately from industrial wastewater in an on -site system. . The Town of Forest City has purchased the plant after the textile plant was shut down. The Ownership Change Permit Modification was completed on January 23, 2008. Currently the facility is no longer in operation. The Town wishes to keep the permit active. - Broad River is listed on the 303(d) list (2008 Draft integrated report) for Aquatic _Life impairment due to the turbidity violations. SUMMARY OF PROPOSED CHANGES - Special condition A. (4) CHANGE OF OWNERSHIP was added to the permit to insure that permit is modified to reflect it's current status within reasonable. time period.. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice:- Aug. 27, 2008 (est.) Permit Scheduled to Issue: - Oct. 20 2008 (est.)- NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Sergei Chernikov at (919) 807-6393. Fact Sheet NPDES NCO083275 Renewal Page 1 �IIE COPY. STAFF REPORT TO: Susan Wilson FROM: Roy Davis.,, DATE: May 30, 2008 SUBJECT: NPDES Permit Renewal - DRG Harris Plant ._Wastewater Treatment Plant-- -- - - - - - - - - - - NPDES Permit Number NCO083275 Rutherford County The former Dan River Harris Plant WWTP has been purchased by the Town of Forest City. The Harris Pant is closed and the WWTP is no. longer treating wastewater. The WWTP has a nominal capacity of 0.91 MGD.and consists of the following units: • Parshall flume • Influent pump station • Static screen • Two flow equalization basins • Two aeration basins • Two circular secondary clarifiers • Three aerobic digestors The Town of Forest City wishes to maintain the NPDES Permit. The Asheville Regional Office is in agreement. I recommend that the NPDES permit be . reissued. Xc: Keith Haynes G:\WPDATA\DEMWQ\Rutherford\83275 DRG Harris\83275 Permit Renewal Staff Report.08.doc �QF WA TFiQQ — Michael F. Easley, Govern 7 William G. Ross Jr., Secretary t— North Carolina Department of Environment and Natural Resources Q ^� Coleen H. Sullins. Director Division of Water Quality January 23, 2008 SCOTT D HOYLE PUBLIC WORKS DIRECTOR TOWN OF FOREST CITY PO BOX 728 FOREST CITY NC 28043 Subject: NPDES Permit Modification- Ownership Change Harris Plant on NC SR 1111 Town of Forest City Former Owner-DRG Harris LLC Certificate of Coverage NCO083275 Rutherford,County Dear Mr. Hoyle: Division personnel have reviewed and approved your request for ownership change of the subject certificate'of coverage received on January 14, 2008. This permit modification documents the change of ownership of the above reference facility. At this time, we would also like to remind you that this permit renewal is due February 2, 2008. Upon renewal of the permit, since the plant'no longer serves a Textile Facility, the permit limits will be modified to reflect municipal wastewater. Please find enclosed the revised certificate of coverage. All other terms and conditions contained in the original certificate remain unchanged and in full effect. This modification is issued under the requirements of North Carolina General Statutes 143-215:1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083, extension 350. .Sincerely, � Laurie Singleton NCDENR Point,Souxce ,Bi anch:. _ . ;, , ;f.fz-: M 4 to `. kf cc: Central Files Asheville`RegtonaFUffice;r'Surface Water Protection vz � k� C Fran McPherson, NCDE R; DWQ, Budget (letter only) r; 3 t' NPDES Unit File NC0083275 ° �' OneN"oitltCarolina:' --'- wawra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Permit NC0083275 STATE OF NORTH CAROLINA DEPARTMENT .OF ENVIRONMENT AND NATURAL RESOURCES " DIVISION. OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE.,. NATIONALPOLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina- General Statute 143=215.1, other lawful standards and regulations promulgated and adopted by the' North' Carolina Environmental .Management Commission, and the Federal -Water Pollution Control Act, as amended,' . _ Town of Forest -City is hereby -authorized to'discharge.wastewater from a facility'located at -the Harris Plant on NCSR -111.1 : south of Rutherfordton Rutherford -County to receiving, waters designated as Broad River in the Broad River Basin - in accordance with effluent limitations, monitoring requirements, and other conditions. set forth in Parts I„ II, III and IV. hereof: This permit shall become: effective January 23, 2008. ' .This permit and authorization to discharge shall expire -at midnight on July 31, 2008. Signed this day January 23, 2008.. (K-COleen H. Sullins, Director Division,of Water Quality `� FP By Authority of the Environiie to l�nnCger exit (tionrii s n 2 4 2008 WATER QUALITY SECTION -ASHEVILLY_ G____REGIONAL OFFICE i r � � 1,x ��� � � � /' r `� 1 � �- � � 4t�1 _ c-1 r4'� t i / jj , frfryiiJ%/ � .. a4 fr'I �� Il ', � �" •� 1 '�...�.:..�"� h.l�t �1 '" � 3�t'.' \: ii 1 \4{1 'l/�--•+S�.G ,� � t I \ '� � 1 a. s ��I "/ z• �J � / G t - !/ \ � i t' Ir / / l S• h J \ ..yyI i t H , i� `` - � f�.i itt,�,'% Y p � 1 >�� h, � �•sx - �ti 11\ /+ �- j °z y''� 1 • / s; � (1 1 r� f� I'll �''% ., F s �( +v\1 \ i � �.. `rt N t + � � // � JI+ 1 l 1� u' `y"` „ ``` I 1 4 i:� `,� '• ;� ��� � Outfa11001, f+ / r ��'! � � \ €� t� `� '``-`� `- �� '�...� \� � S+ •' �'-.ie� ss.. � r,�•.-ip jam" `�� + ..n �.�'� -,� ^�1 � ;, � "��,c' � • ,�.� }1�� �J �� f �� \' j T ..-:n+,' � �I /�.`/1 jI ft1t �t•:� � �,' ^\)�•\ \ `� \ 2 t / � I. 41 �l ` ��\ 1, ,� � rr�+ ' i% � �i ✓ ' ;� �y3' _fi r ;:' C y� \,��.J ."\'�� 1 ��. r # 1. , 1 /J7 �' "J � �r � \ ;)� � r ,: /�v lrr-�r`- �11�/�j� �i �� sll! i:. ��� � l�tiJr � � 8 A J 3), i Town of Forest City 1 J Facility Location State Grid/Ouad: langerville/G11NW Latitude: 35' 12' 23" N not to scale Longitude: 81 ° 53'� 15" W Receiving Stream: Broad River Drainage Basin: Broad River NPDES Permit No. NCO083275 Stream Class: C Sub -Basin: 03-08-02 V Rutherford County Daac)ve ' Inc. P. O. Box 261 Danville, Virginia 24543 804/799 7000 January 9, 2006 Mr. Duane Leith North Carolina Department of Environment and Natural Resources Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 RE:- Permit No. WQ0008799 DanRiver Inc. - Harris Plant Rutherford County Dear Mr. Leith: .: Effective December 30, 2005, Dan River Inc. sold the Harris Plant to Gibbs International, Inc., P. O. Box 1727' Spartanburg, SC 29301. The Harris Plant ceased operations on December 16, 2005. Dan River Inc. requests that the above identified permit remain in effect to permit the removal all the solids for land application and the proper closure or the wastewater treatment facility. Dan River Inc. filed a schedule for closure of this wastewater treatment facility with Ms. Beverly Price of the NC DENR Ashville Office on December 2; 2005,1 This schedule planned for the wastewater treatment plant to be cleaned and mothballed by March 1, 2006. We are now implementing this schedule as weather permits. If you have questions, please contact me at 434/799-7389 or by electronic mail at Dgann(@danriver.com. Sincerely, Patty W. Gann Senior Environmental Engineer cc: Ms. Beverly Price Mr. J. W. Hicks Mr. W. K. Schwalbe Mr. John Gieser (Gibbs International, Inc.) Mr. A. H. McConnell, Esq. QUALITY TEXTILES By DESIGN n�. y DENR/DWQ FACT.SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO083275 - Facility Information Applicant/Fachty Name: Dan River Inc. — Harris Facility Applicant Address:_ _ P.O. Box 150, Harris, NC 28074 .q ity Address 1843 Jack McKinney Rd., Rutherford, NC 28139 Permitted Flow (MGD) 0.91 MGD Type of Waste 100 % Industrial Facility.. Classification: I I I Permit Status; Renewal County: _ Rutherford _ - - Miscellaneous . ,. . ;Receiving Stream: Broad River r, - Regional Office; ARO Stream Classification. C State Grid / USGS Quad Fingerville 303(d) Listed? No Permit Vllnter Teresa Rodriguez Basin/Subbasn 030802 Date 5/3/04 age Area (m�2): Draingp 548 '! Lat. 35° 12' 23" N Long. 8111 53' 15" W Summer7Q10(cfs)` 186�� Winter, 701.0 (cfs). 285 30Q2 (cfs) 436 Average Flow (ofs):` � 946 0.75 Summary: The Dan River's Harris Facility is a textile plant that finishes Broadwoven fabrics of cotton and manmade fabrics of fibers and silk. The operations at the facility include desizing, scouring, bleaching, mercerizing, and resin treatment. Some fabric is dyed. The discharge is regulated under 40 CFR 410, Subpart D, Part 410.45 (New Source Performance Stanards). The facility has a wastewater treatment plant on site to provide treatment for the industrial process wastewaters. Domestic wastewater is treated separately from industrial wastewater in an on -site system. Form 1 General and Form 2C application forms were received by the Division on January 30, 2003. The permit expired on July 31, 2003. Facility Description: The facility receives woven fabrics made of cotton and cotton/polyester blends from different sources. The fabric preparation steps consists of desizing and bleaching, a portion of the fabric goes through the mercerizing process. The finishing process can include sanforizing, resin application and dyeing. Not all the fabric goes through all the finishing processes. Only a small portion of the fabric is dyed in a pad dyeing operation. They expect to continue to consolidate operations from other Dan River facilities and bring more production into the facility in the coming years. All process wastewaters go to the wastewater treatment plant. The treatment system consists of static bar screens, equalization/neutralization basin, dual aeration basins with anoxic zone, dual secondary clarifiers, parshall flume effluent meter, sludge digester, sludge holding tank and standby generator. Domestic waste goes to an on -site septic system. Basin Plan: The area in the Broad River were the discharge is located was not sampled for the current basin plan report. In general the Broad River is classified as Good or Good -Fair in this sub -basin. DMR Review: DMR data was reviewed for the period of January 2001 to December 2003. Average flow was 0.38 MGD. BOD averaged 20.4 Ibs/day, COD averaged 456 Ibs/day, and TSS averaged 33.6 Ibs/day. Total Chromium averaged 0.014 Ibs/day, total phenols 0.056 Ibs/day and Sulfide averaged 0.17 Ibs/day. They had one exceedance for Oil and Grease in September 2002. Fact Sheet NPDES NC0083275 Renewal `_w Chronic Toxicity test (Ceriodaphnia) is performed at 0.75% on a quarterly basis. The facility had one fail on September 2003. Reasonable Potential Analysis: Reasonable potential analysis was performed for Copper, Lead, Zinc and MBAS. Maximum Allowable '/2 FAV Parameter Predicted concentration (pg/1) Comments (pg/1) (ug/I) Copper 90.2 930 7.3 Continue Monitoring Lead 29.1 3322 33.8 Eliminate Monitoring, Lead has not been detected since December 2001. Zinc 271 6643 67 Continue Monitoring MBAS 1684 66434 N/A Eliminate Monitoring Pollutant Scan: A pollutant scan was submitted with the permit application. Antimony and cyanide were detected in concentrations below the water quality standards or criteria. PERMITTING STRATEGY/LIMITS DEVELOPMENT The limits in the permit were implemented when the permit was first issued in 1993. For the last permit renewal the same limits were retained since the calculated limits were higher than the limits on the permit. When the permit was originally issued the table for simple operations on Part 410.45 was used to calculate the limits. Production has changed at the facility and now they perform complex operations that include resin treatment on the fabrics. For this reason, Subpart D, 410.45 NSPS (Complex manufacturing operations) was now applied to calculate limits. Long term production was estimated as 100,189 Ibs/day based on production for 2001 — 2003. Calculated limits were higher than actual limits. They are meeting the current permit limits. The limits will remain as in the previous permit. See the attached spreadsheet with the limits calculations. SUMMARY OF PROPOSED CHANGES • Eliminate monitoring for Lead and MBAS. Lead and MBAS did not present reasonable potential to exceed water quality standards. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Permit Scheduled to Issue: NPDES DIVISION CONTACT May 26, 2004 July 19, 2004 If you have questions regarding any of the above information or on the attached permit, please contact Teresa Rodriguez at (91P 733-5083 ext. 553. NAME: REGIONAL OFFICE COMMENTS NAME: DATE: SUPERVISOR: DATE: Fact Sheet NPDES NCO083275 Renewal Facility Dan River - Harris Plant Permit No. NCO083275 Sanitary flow loads: rinmactic Flnw. '0 MGD Parameter Standard (mg/1) Mthly-ave Daily max Load (lb/day) Mthly ave Daily max BOD 301 45 0. 00 0.00 TSS 301 45 0.001 0.00 Production Information Effluent Guideline section: Production units as per EG Monthly average Daily maximum Ib/1000 lb 100.189 100.189 EffI Guideline Part BPT or BAT Parameter Guideline limit Daily max Mthly ave Allowable Load (Ib/d) Daily max Mthly ave 11ltanufacturing Operations . 3 7 1 9 370.7 190.4 COD „ , . .. .6:8 7 ;; . - - 442 6883.0 4428.4 TSS u : 14 4 6 4' 1442.7 641.2 0.1'; 20.0 10.0 Phenols,,.., A", 10.0 5.0 To#ahChromiun 10.0 5.0 Calculated Limits Existing Limits Parameter Daily max (lb/d) Mthly ave (lb/d) BOD 370.7 1.90.4 TSS 1442.7 641.2 COD 6883.0 4428.4 Sulfides 20.0 10.0 Phenols 10.0 5.0 Tot Chromium Mol 5.0 Parameter Daily max (lb/d) Mthly ave (lb/d) BOD 272 00 140 00 TSS 726:00 322 00. COD ; `. 3,443: , 221,9 Sulfides 8 20 7 OQ Phenols 8,20 3 5Q Tot Chromium,8 20 3.50 Average production for Dan Rivers Inc. - Harris Plant NCO083275 - (lbs/day) ` Jan-01 97433.4 Mthly Av Feb-01 107652:8 % of 3-yr Mar 105754.4 Average average , Apr 123375 2001-2003 100189.4 May 132043.6 2001 99308.38. -0.879335 Jun-01 112619.6 2002 115237.9 . 15.02007 July 61509.8 2003 .86021.87 -14.14,074 Aug 71566.6 Sept 99176 Oct-61 104798.6 Nov 86581.2 Dec 89189.6 Jan-02 94173.6 Feb-02 104586.4 Mar '123590,2 Apr 122679.6 May 128272.2 Jun-02 128890.2 July 97355.2 Aug 131676.8 . Sept 117034.4 Oct-02 123621'.8 Nov 121949.4 Dec 89025 Jan-03 109036 Feb-03 114276 Mar 103358.6. Apr 94949.6 May 90279.6 Jun=03 95761.6 July 79635.2 Aug 73530.8 Sept 6631.4.2 Oct-03 73319.4 Nov-03 69242 . Dec 62559.4 6 - •r. SOC PRIORITY PROJECT: No IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Charles Weaver DATE: March a�, 2003 NPDES STAFF REPORT AND RECOMMENDATION- RUTHERFORD COUNTY PERMIT NUMBER NCO083275 PART I - GENERAL INFORMATION 1. Facility and Address:. Dan River Inc. Harris Facility Mailing: 1843 Jack McKinney Road Harris, North Carolina 28139 2. Date of Investigation: March 19, 2003 3. Report Prepared By: Roger C. Edwards 4. Persons Contacted and Telephone Number: Jerry Hicks 828-247-2065 5. Directions.to Site: From Asheville take Hwy. I-26E to Hwy. 74E travel to•exit for Hwy. 221S, travel to Jack McKinney turn right before railroad tracks, travel approximately 6 miles to entrance of Dan -River -Harris Plant. 6. Discharge,.Point(s), List for all discharge points: Latitude: 350 12' 23" Longitude: 810 53' 15." Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name Fingerville East, SC -NC 7. Site size and expansion area consistent with application? X Yes No If No, explain: ' Page 1 1R 8. Topography (relationship to flood plain included): Gentle slope adjacent to large flat bottomland 9. Location of nearest dwelling: >1000 feet 10. Receiving stream or affected surface waters: Broad River, a. Classification: C b. River Basin and Subbasin No.: 030802 C. Describe receiving stream features and pertinent downstream uses: Wildlife propagation and agriculture PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted MGD (Ultimate Design Capacity) 0.91 MGD b. What is the current permitted capacity of the Wastewater Treatment facility? 0.91 MGD C. Actual treatment capacity of the current facility (current design capacity 0.91 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Equalization basin with influent bar screen, extended aeration, secondary clarification, effluent flow measurement, discharge to Broad River. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: Possible toxic impacts associated with textile finishing waste. However, treatment of waste stream and selection of production chemicals will reduce if not eliminate toxic impacts to the receiving stream. h. Pretreatment Program (POTWs only): N/A Direct discharge in development approved should be required not needed Page 2 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DWQ Permit Number WQ0008799 Residuals Contractor Southern.Soil Builders Telephone Number 1-80.0-411-5527 b. Residuals stabilization: PSRP PFRP OTHER. the waste in industrial only --No Domestic C. Landfill: d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): 4. SIC Codes(s): 2261 Primary 55. Secondary 16 Main Treatment.Unit Code: 05003 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are:any public monies involved: (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC, or Compliance -Schedule dates: (Please indicate) N/A Date Submission of,Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation:. Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. N/A Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other disposal options:. Page 3 5. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS The Dan River Inc. -Harris Facility has an excellent compliance history, with the exception of recent 0 & G violations. The method of testing has been changed to the new Standard Methods 1664 for O & G and no violations have been detected since the change. It is recommended the NPDES Permit be renewed. Signature of Report Preparer 1 Water Quality Regional Supervisor L Da e r Page 4 NCDENR FILE COPY North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January 26, 2011 Mr. Charles R. Summey, II ,Town Manager Town of Forest City 12 North Powell Street Post Office Box 728 Forest City, N.C. 28043 SUBJECT: January 5, 2011 Compliance Evaluation Inspection (—DRG Harris WWTP Permit No: NCO083275 Rutherford County Dear Mr. Summey, Enclosed please find a copy of the Compliance Evaluation Inspection form from the WV TP inspection conducted on January -5, 2011. Don Price of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCO083275 at the time of the inspection. 'No -Discharge' was observed from the facility at the time of the inspection, and it was observed that electric power had been 'dis-connected' for the facility and there . are some issues with housekeeping. In order to maintain security of facility and eliminate any potential safety issues, it is suggested the electric service be re -connected and facility staffing be reviewed to address any potential safety issues. Should you or your staff have any questions, or wish to sit down and discuss the findings and suggestions in this report, please contact me at (828) 296-4500. Sincerely, Donald R. Price,CET WWTP Consultant Enclosure cc: Jeff Dotson, WWTP Superintendent Central Files ahem,!. Regional Office Files S:\SWP\Rutherford\Wastewater\Minors\DRG Harris 83275\DRG Harris Forest City 01 05 2011 CEI doc North Carolina Division of Water Quality, Asheville Regional Office Location: 2090 U. S• Hwy. 70, Swannanoa, North Carolina 27107 One Phone: 828-2964500 \ FAX: 828-29 -7043 \ Customer Service:1-877-623-6748 - — - -----= — — — — — — Internet: www.ncwaterquality.org� N01thCai Ohlla�itllr�i��l An Equal Opportunity\ Affirmative Action Employer v , . J United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires B-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 31 NCO083275 111 121 10/01/05 117 18I rl 191 SI 20 ,--r J ,—+ �__ ) Remarks. 2111111111111111111111.1111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA - Reserved 671 169 70I 3 I 711 I 72 U 73 LU 74 751 I I I I I I 180 =—� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30 AM 10/01/05 08/12/01 Harris Plant WWTP Exit Time/Date Permit Expiration Date NCSR ' 1111 Rutherfordton NC 28139 .10:30 AM 10/01/05 13/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) , Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Jerry W Hicks,PO Box 150 Harris NC 28074/Plant Engineer/828-247-2065/No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price ARO WQ//828-296-4500/ i f2S" /12-01 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0083275 I11 121 10/01/05 117 18' _' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Review of facility indicates it is "INACTIVE" and not in operation, and'no discharge' was observed at the time of the inspection. System is operated by Town of Forest City and their staff, who wish to keep the permit active, so as to make it attractive to potential Industrial Clients.System has had 'electric power disconnected' and housekeeping in and around facility grounds has not been maintained. It is suggested the Town review staffing issues for this system and contact Electrical Power supplier to 're -connect' service so lighting in and around facility and security of facility can be maintained. The time and assistance of Jeff Dotson, ORC, in conducting the inspection is appreciated. Should there be questions or you wish to discuss permit, please contact Don Price at (828)296-4500. Page # 2 Permit: NCO083275 V Owner Facility: Harris Plant WWTP Inspection Date: 01/05/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑ Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Facility has applied for renewal of NPDES permit. Correspondence for Permit renewal.is dated for'February 12, 2008', but facility has not received notification of receipt of correspondence. Permit file In RID has information waiving submittal of DMR's, based upon the fact the facility is "INACTIVE", but wishes to maintain NPDES permit. 0 Page # 3 NOV 22 '05 02:14PM DAN RIVER HARRI5 ROOER ED ARDS LARRY FROST KEIT,H HAYNES DOLT PRICE NOV 22 '05 02:14PM.DAN RIVER HARRIS P.2 NOVEMi3ER, 22, 2005 TO WHOM IT MAY CONCERN, IN AN EFFORT TO BE PROACTIVE 0I4 OUR CURRENT f SI'rUATION; I WANTED TO GIVE YOU A LITTLE BETTER IDEA OF WHKr MAY $E TIIE ROUTE TO TAYX IF DAN RIVER INC. IN HAMS NC. SHOTS DOWN. PLEASE REVIEW IT AND TELL Mr- EXACTLY HOW Y4U WANT ME PROCESS HANDLED. AS OF NOW WE S'TXLL HAVE NOT SEEN GIVEN ANYTH NG III WRIMO GIVING YT$ ANY StPEG7FIC DATE Op FINAL SHUTDOWN . TO MY KNOWLEDGE; WE ARE STILL, IN THE NEGOTTATI NG PROCESS WITH ALL THE PARTIES INV(1LVED. ( TIC GOVERNNMNT AND POTENTIAL BUYERS) . I HOPE `PHIS WILL HELP. SINCERELY, JIM XtrNDRICK 0 Nov 22 '05 02:15 PM DAN RIVER HARRIS NOVEMBER 19, 2005 P. 3 AS IT STANDS TODAY WE IfAVE. APPROXIMATELY A MILLION GALLONS OF SLUDGE IN OUR SLUDGE BASIN TO BE HAULED AT AROUND A SOLIDS CONCENTRATION OF AROUND 34%. WE ARE CLOSE TO OUR LIMIT FOR DRY TONS ALLOWED TO BE HAULED FOR THIS CALENDAR YEAR OF 2005. THIS WILL COST AROUND 30,000 DOLLARS. WE HAVE AN ADDITIONAL 3 MILLION GALLONS IN OUR AERATION BASINS AT AROUND 4500 MOL. THE STATE WANTS THIS To 13E TESTED SEPARATELY .THEY HAVE EXPERIENCED SHUTDOWNS THAT SLUDGE WAS HAULED UNDIGESTED AND IT HAD TO BE REMOVED AFTERWARDS DUE To T03UCJTY COSTING AROUND A MILLION DOLLARS. IF W DEWATER THIS SLUDGE AND SEND TO LANDFILL WE MLL STILL HAVE TO TV. AT THE WATER THAT COMES OFF THE BELT PRESS SOMEHOW, IT WILL HAVE TO DE TESTED FOR TCLP BEFORE BEING TAKEN TO THfi LANDFILL. THE ESTIMATE OF TIME IS THREE WEMS AT A COST OF 150,000 DOLLARS. WE WILL HAVE TO RETEST. SLUDGE WVEITM WE HAUL THIS YEAR OR WAIT =IL'NM YEAR 2006. W In HAUL THIS YEAR WE WILL ALM 14AVE TO GET PERMISSION IN ADVAXCE, IN MY PREVIOUS CONVERSATION WITH THE STATE SHANNONTHORNBURO SAID THAT SHE WOULD REQUM TRAT IM SLUDGE IN THE AERATION NEEDED TO BE DIGESTED AND TESTED BEFORE WE HAULED AND THIS WOULD INCLUDE TCLP TESTING. I AM NOT EXACTLY SURE HOW LONG DIGESTION- WOULD TAKE BUT. THE COST OF HAULING WOULD BE AT LEAST 100, 000 DOLLARS CiEgAPER AND. LESS COMPLICATED. THE VESTING WILL BE THE DETERWMNG FACTOR ON THE TINfE OF DlGES'fl0N.W9_CAN BE DIGESTING WHILE WE ARE HAULING THE FIRST RC)tND OF SLUDGE, AS TIME DRAWS NEARER I WILL CET MORE SPECIFICS IN WRITM FROM THE STATE -THEY REQUIRE THE PLANT TO BE COMPLETELY EMPTY. AT TIME Of CLOSURE. - APPROXIMATE TOTAL COST FOR BOTH EVENTS IS 6.0,000-80,000 DOLLARS. smaRRELY, c• Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Aquifer Protection Section November. 28, 2005 Kurt 5cwalbe Engineering, Environmental and Safety Department Dan River; Inc. Post Office Box 261 _ Danville, Va. 24543 Subject: Plant Closing/Sludge Disposal Plan Dan River, Inca Harris, NC Finishing Plant Permit No. WQ0008799 Rutherford County Dear Mr. Scwalbe: It has come to the attention of the Division of Water Quality that the Dan River facility in Harris, .North Carolina will be shutting down on or around December 16, 2005. According to Jim Kendrick, wastewater treatment plant operator for Dan River Harris, there are approximately one million gallons of sludge in the sludge basin and an additional 3 million gallons of mixed liquor in the aeration basin. Please submit a detailed disposal plan to this office, indicating your plans for removal of sludge from the digester and the mixed liquor from the aeration basin. Please include a timetable for sludge removal. Mr. Kendrick has indicated that the facility is near the dry ton limit. for land application for 2005., You will need approval to exceed your yearly dry tons .permit limit for land application. Please submit the disposal plan within 5 days of receipt of this letter. If you should have any questions regarding this mater, please do.,not hesitate to contact me at 828-296-4500. . Sincerely, Beverly, rice Environmental Specialist Cc: Jim Kendrick, WWTP ORC Dan River Inc.Harris Finishing, Plant Post Office Box 150 Harris, NC 28074-0150 Jerry Hicks Dan River Inc. Harris Finishing -Plant Post -Office Box 150 Harris; NC 28074-0150 Asheville APS Files +.�L yros# - sl�wilte"�S- �C1 . _•les - , Noe Carolina . �llCR��lf North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Aquifer Protection Section FAX (828) 299-7043 Customer Service 1-877-623-6748 Internet: h2o.enr.stat&nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper . wt `t William G. Ross Jr., Secretary r North Carolina Department' dronment and Natural Resources Alan W. Klimek, P.E. Director r � . j Division of Water Quality Asheville Regional Office AQUIFER PROTECTION October 11, 2005 . Gregory R. Boozer Executive Vice President of Manufacturing Dan River, Inc. Post Office Box 261 Danville, Va. 24543 Dear Mr. Boozer: F 5 jALIT SECTION OFFICE SUBJECT: October 4, 2005 Compliance Evaluation Inspection Dan River Inc. - Harris NC Finishing Plant Distribution/Land Application of Residuals from the Treatment of Other Wastewater Permit No: WQ0008799 Rutherford County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on October 4, 2005. Beverly Price of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit WQ0008799. The assistance of Mr. Jim Kendrick and Mr. David Key was greatly appreciated. Mr. Kendrick has indicated that the plant is expecting to be shut down/closed sometime within the next two months. All sludge should be removed from the facility before closure. The current land application event will put the Harris Facility at the permitted limit for residuals application for the current year. The Division should be notified and permission granted for approval to exceed the current permit limit for residuals distribution as approximately 600,000 gallons of sludge will remain in the tanks. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please call me at (828) 296-4500. Sincerely, Beverly Price Environmental Specialist Enclosure cc: Dennis Key, Land Application ORC Southern Soil Builders, Inc. 958 Hoots Road Roaring River, NC 28669 Jim Kendrick, WWTP ORC Dan River Inc. Harris Finishing Plant Post Office Box 150 Harris, NC 28074-0150 Jerry Hicks Dan River Inc. Harris Finishing Plant Post Office Box 150 Harris, NC 28074-0150 APS Asheville Files (Larry-FrostS__W P:Asheville-Flles )` OneticHrotlllfl AW017!!Y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 Permit: WQ0008799 SOC: County: Rutherford Region: Asheville Compliance Inspection report Effective: 08/26/05 Expiration: 07/30/10 Owner: Dan River Inc Effective: Expiration: Facility: ,Dan River Inc. - Harris Finishing Plant DORS Contact Person: Gregory R Boozer Directions to Facility: Primary ORC: Dennis Key Secondary ORC(s): James Lewis Kendrick On -Site Representative(s): 24 hour contact name David W Key On -site representative David W Key Related Permits: NC0083275 Dan River Inc - Harris Plant Inspection Date: 10/04/2006 Entry Time: 01:30 PM Primary Inspector: Beverly Price Secondary Inspector(s): P.O Box 261 Certification: 15704 Certification: 21058 Exit Time: 03:30 PM Phone: 804-799-7021 Ext. Phone: 336-957-8909 Phone: 704-247-2037 Phone: 336-957-8909 Phone: 336-957-8909 Phone: Phone: Phone: Reason for Inspection: Routine- Inspection Type: Compliance Evaluation Permit Inspection Type: Distribution of Residual Solids (503 exempt) Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ■ Miscellaneous Questions Record Keeping Treatment Sampling Land Application Site Storage Transport I21R8a 59AVb occurring on the Henry Edwards site at the time of inspection. The field is enclosed with fencing. No ponding or runoff was observed. Buffers were flagged. Southern Soil Builders appears to be doing a good job administering the land application program for Dan River Harris. A review of the 2004 Annual Report was included as part of the inspection. Alternative #6 was checked for the Class A method of, pathogen reduction. The Pathogen And Vector Attraction Reduction Certification Form is not required. The residuals produced. here are not class A or B biosolids. Pathogen density is required as a permit condition but it is not subject to the 503 general requirements for land application as the residuals are not Class A or B. Therefore the fecal results should be included in the Annual Report but not recorded on the Certification Form. Jim Kendrick, WWTP ORC indicated that the plant is expecting to be shut down and closed within the next two months. All sludge should be removed from the facility before closure. The current land application event will put the Harris Facility at the permitted limit for residuals application for the current year. The -Division should be notified and permission granted for temporary approval to exceed the current permit limit for residuals distribution as approximately 600,000 gallons of sludge will remain in the tanks. Page: 1 Permit: WO0008799 Owner - Facility: Dan River Inc Inspection Date: 10/04/2005 Inspection Type: Compliance Evaluation Reason for Visit: Routine Page: 2 Permit: WO0008799 Owner - Facility: Dan River Inc Inspection Date: 10/04/2005 Inspection Type: Compliance Evaluation Reason for Visit: Routine Tempe Land,Application Record Keeping Yes No NA NE Is GW monitoring being conducted, if required? ❑ ❑ ■ ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ ■ ❑ Are there any GW quality violations? ❑ ❑ ■ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ■ ❑ Is a copy of current permit on -site? ■ ❑ ❑ ❑ Are current metals and nutrient analysis available? ■ ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ■ ❑ a. TCLP analysis? ■ ❑ ❑ ❑ b. SSFA (Standard Soil Fertility Analysis)? ❑ ❑ ■ ❑ Are PAN balances being maintained? ■ ❑ ❑ ❑ Are PAN balances within permit limits? ■ ❑ Cl ❑ Has land application equipment been calibrated? 1 ■ ❑ ❑ ❑ Are there pH records for alkaline stabilization? ❑ ❑ ■ ❑ Are there pH records for the land application site? ❑ ❑ ■ ❑ Are nutrient/crop removal practices in place? ■ ❑ ❑ ❑ Do lab sheets support data reported on Residual Analysis Summary? ■ ❑ ❑ Cl Are hauling records available? ■ .❑ ❑ ❑ Are hauling records maintained and up-to-date? ■ ❑ ❑ ❑ Has permittee been free of public complaints in last 12 months? ■ ❑ ❑ ❑ Has application occurred during Seasonal Restriction window? ❑ ❑ ■ ❑ Comment: Treatment Yes No NA NE Check all that apply Aerobic Digestion ■ Anaerobic Digestion ❑. Alkaline Pasteurization (Class A) ❑ Alkaline Stabilization (Class B) ❑ Compost ❑ Drying Beds ❑ Other ❑ Comment: Sampling Yes No NA NE Describe sampling: Seven grab samples are collected from the sludge holding tank, then composited. Is sampling adequate? ■ ❑ ❑ ❑ Is sampling representative? ■ ❑ ❑ ❑ Comment: Transport Yes No NA NE Is a copy of the permit in the transport vehicle? ■ ❑ ❑ ❑ Page: 3 1 F Permit: WQ0008799 Owner - Facility: Dan River Inc Inspection Date: 10/04/2005 Inspection Type: Compliance Evaluation Reason for Visit: Routine Is a copy of the spill control plan in the vehicle? ■ ❑ n n Is the spill control plan satisfactory? ■ ❑ n n Does transport vehicle appear to be maintained? ■ O Comment: Land Application Site Is a copy of the permit on -site during application events? Is the application site in overall good condition? Is the site free of runoff/ponding? If present, is the application equipment in good operating condition? Are buffers being maintained? Are limiting slopes buffered? 10% for surface application 18% for subsurface application Are there access restrictions and/or signs? Is the application site free of odors or vectors? Have performance requirements for application method been met? For injection? For incorporation? Does permit require monitoring wells? Have required MWs been installed? Are MWs properly located w/ respect to RB and CB? Are MWs properly constructed (including screened interval)? Is the surrounding area served by public water? If Annual Report indicates overapplication of PAN, are wells nearby that may be impacted? Are soil types consistent w/ Soil Scientist reportlevaluation? Is the water table greater than V/3' bls. Is application occurring at the time of the inspection? Comment: Monitoring wells are not required. \/-- P11- KIA nic Page: 4 #4 Michael F. Easley, Governor Willom .. Ross Jr. � S c etary North Carolina Department o nui onme t an`,d Natural Resour ces ti— Ala W. fimek, P.E. Director -I Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION October 6, 2005 Mr. Jerry Hicks Dan River, Inc: Post Office Box 150 Harris, North Carolina 28074 SUBJECT: Compliance Evaluation Inspection Harris Plant , Permit No: NCO083275 Rutherford County Dear Mr. Hicks: Enclosed please find a copy of the Compliance Evaluation ' Inspection form from the inspection conducted on October 4, 2005. Mr. Keith Haynes and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance, with permit NC0083275. Please refer to the enclosed inspection report for additional observations and f comments. If you or your staff have any questions, please call me at (828) 296-4500. Sincerely, Layronmental st . En Chemist Enclosure , cc: Jim Kendrick, ORC Central Files Asheville Files 1 Nbf Carolina � atura!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: .(828) 299-7043 Customer Service 1 877 623-6748 f � , unnea States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO083275 121 Ill 05/10/04 117 18I cI 19I sI, 20J I 211IIIIIRemarks IIIIIIIIIIIIIIIIIIIIIIIIII I I I I IIIIIIIIIIl6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131, QA--- --------- Reserved 67I 169 70 13 I 71 I I 72 I N I 73 I I 174 751 I I I I I Li 80 t�l \ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES_permit Number) Harris Plant 11:38 AM 05/10/04 04/09/01 1843 Jack McKinney Rd Exit Time/Date Permit Expiration Date Rutherfordton NC 28139 12:45 PM 05/10/04 08/07/31 Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Jerry W Hicks,PO Box 150 Harris NC 28074/Plant Engineer/828-247-2065/acted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-296-4500 Ext.4658/ Keith Haynes ARO WQ//828-296-4500 Ext.4660/ / • L �� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date _1l� Roger C Edwards 828-296-4500 Ext.4656/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. ,r NPDES yr/mo/day Inspection Type (cont.) 1 3I N00083275 I11 12I 05/10/04 I17 181 C1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The reason for this inspection was insure the compliance of the WWTP as the plant begins, what has been indicated to the operator as, a shutdown and closure. The Plant is in excellent condition and appears to be operating well. The flow at the time of the inspection was 0.225mgd, which is <50% of the normal flow. It is recommended to the operators that as the flow to the WWTP decreases that the operator consider use of only one aeration basin. The unused basin should be allowed to "burn off" its biomass, by allowing the aerators to run for a period of time. It is recommended that unused basins remain at least one half full, to prevent damage. At the time of this inspection 350,000 gallons of sludge was being removed from the WWTP for land application. There will be 600,000 to 700,000 gallons of sludge remaining in the WWTP once the current application is completed. Prior to closure all sludge should be removed from the WWTP. Please make arrangemnets with the Aquifer Protection Section (APS) for this removal. Bev Price (828) 296-4500. The operator stated that Dan River may use a polymer to reduce the volume of sludge stored on site. We recommend you be very careful in the use of these chemicals and you notify APS prior to its use. You are reminded that you are required to notify the Division no later than 24 hours of any upset or noncompliance. This communication may become critical as'the WWTP moves closer to shutdown. Weekly communication with the Division is recommended. Followup visits from the Division may be required. ik: , Permit: NCO083275 Owner - Facility: Harris Plant Inspection Date: 10/.0412005 Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described iri the permit? Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Pump Station - Influent Is the pump wet well free of bypass lines or structures? Is the wet well free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Comment: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? Is basin size/volume adequate? Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Yes No NA NE ❑❑■❑ ■nn❑ ❑■nn ■❑❑❑. ■❑n❑ Yes No NA NE ■❑n❑ ■❑❑❑ Yes No NA NE Vr AI.. -,.,n K. Yes No NA NE ■n❑n ■ ❑ ❑ Cl ■❑❑n ■❑nn ■nn❑ ■❑nn nn❑■ ■ ❑ ❑ ❑ V.... A,.. A, n - ■n❑❑ j Permit: NCO083275 Owner -Facility: Harris Plant Inspection Date: 10/0412005 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Are weirs level? ■nnn Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n ❑ n Is scum removal adequate? ■ n U n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ ❑ n n Is the sludge blanket level acceptable? (Approximately of the sidewall depth) rl rl rl ■ Comment: Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ n n n Are pumps operational? ■nnn Are there adequate spare parts and supplies on site? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■nnn Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ rl n rl Is the DO level acceptable? 0 n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■nnn Was generator tested & operational during the inspection? n n n ■ Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ C, I Cl n Is the generator fuel level monitored? ■ n n n Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n Cl n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n Is the facility using a contract lab? ■nnn Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n ■ n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ n r: Permit: NCO083275 Owner- Facility: Harris Plant Inspection Date: 10/04/2005 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Comment: Flow Measurement - Effluent Yes No NA NE Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ . n n n Is the flow meter operational? ■nnn (If units are separated) Does the chart recorder match the flow meter? ■ n n ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n . Is all required information readily available, complete and current? _ ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistentwith data reported on DMRs? ■ {] n rl Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling rl Name of individual performing the sampling n Results of analysis and calibration rl Dates of analysis rl Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? n n n Has the facility submitted its annual'compliance report to users and DWQ? rl rl n ■ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? o n ■ ❑ Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n Cl Is the backup operator certified at one grade less or greater than the facility classification? ■ r j , n n Is a copy of the current NPDES permit available on site? nnn ■ Facility has copy of previous years Annual Report on file for review? n n n ■ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n n ■ Is sample collected below all treatment units? ■nnn Is proper volume collected? _ ■nnn Is the tubing clean? ■nnn Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n ❑ n Comment: Aerobic Digester Yes No NA NE Is the capacity adequate? ■nnn Is the mixing adequate? ■nnn Is the site free of excessive foaming in the tank? ■ n n Is the odor acceptable? ■ iJ n n Is tankage available for properly waste sludge? ■ n n n _1 ra J Permit: NC0083275 Owner -Facility: Harris Plant Inspection Date: 10/04/2005 Inspection Type: Compliance Evaluation Aerobic Digester Comment: Is containment adequate? Is storage adequate? Are backup pumps available? Is the site free of excessive leaking? Comment: Yes No NA NE Yes No NA NE ■❑n❑ ■nnn ■nnn' ■nnn IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION In re: ) DAN RIVER INC., et aL, ) Debtors. ) Chapter 11 Case Nos. 04-10990 through 04-10993 Jointly Administered Judge Drake NOTICE OF EFFECTIVE DATE OF PLAN PLEASE TAKE NOTICE that on January 18, 2005, the United States Bankruptcy Court for the Northern District of Georgia (the `Bankruptcy Court") entered the Findings of Fact, Conclusions of Law and Order (the "Confirmation Order") confirming the Third Amended and Restated Joint Plan of Reorganization Dated November 29, 2004 (as modified and amended from time to time, the "Plan") filed by Dan River Inc., The Bibb Company LLC, Dan River International Ltd., and Dan River Factory Stores, Inc., debtors and debtors in possession in the above -captioned cases, (collectively, the "Debtors"). Capitalized terms not defined in this Notice shall have the meaning given to them in the Plan. PLEASE TAKE FURTHER NOTICE that copies of the Confirmation Order and the Plan may be obtained at the Office of the Clerk of the United States Bankruptcy Court for the Northern District of Georgia, 75 Spring Street S.W., Atlanta, Georgia 30303, during regular business hours or at www.bmecorp.net/danriver. PLEASE TAKE FURTHER NOTICE that the Effective Date, as defined in the Plan, occurred on February 14, 2005. PLEASE TAKE FURTHER NOTICE that beginning on the thirtieth day after the Effective Date, which will be March 16, 2005, any person seeking_ relief from the Bankruptcy Court in the Bankruptcy Cases shall be required to provide notice only to the Debtors, the United States Trustee, and other parties in interest who, after entry of the Confirmation Order, file a request for such notice with the Clerk of the Bankruptcy Court and serve a copy of same on counsel for the Debtors. Accordingly, any party that would like to receive notices regarding proceedings related to the Bankruptcy Cases after the Effective Date must file a request for such notice with the Clerk of the Bankruptcy Court. PLEASE TAKE FURTHER NOTICE that the Confirmation Order provides, among other things, the following deadlines: a. Bar Date for Reiection Damages Claims: Pursuant to Article 5.1 of the Plan, all Executory Contracts or Unexpired Leases identified on Schedule 5.1 as Rejected Contracts are rejected as of the Effective Date. All proofs of claim with respect to Claims arising from the rejection pursuant to the Plan of the Rejected Contracts, if any, must be filed within thirty (30) days after the Effective -Date -(the "Rejection Claim Deadline"), which will be March 16, 2005. To obtain a proof of claim form, you may call Bankruptcy Management Corp. at (888) 909-0100. Proofs of claim shall be deemed timely filed only if actually received on or before the Rejection Claim Deadline at one of the following addresses: By mail: Dan River, Inc., c/o BMC, P.O. Box 949, El Segundo, CA 90245-0949. By hand delivery or courier: Dan River, Inc., c/o BMC, 1330 E. Franklin Avenue, El Segundo, CA 90245. Any Claims arising from the rejection of a Rejected Contract that are not filed on or prior to the Rejection Claim Deadline will be FOREVER BARRED from assertion against the Debtors or the Reorganized Debtors, the Estate and property of the Debtors or Reorganized Debtors unless otherwise ordered by the Bankruptcy Court or provided in the Plan. b. Administrative Claims Bar Date: Any person holding a claim for payment of an administrative expense of a kind specified in section 503(b) of the Bankruptcy Code and entitled to priority pursuant to section 507(a)(1) of the Bankruptcy Code (an "Administrative Claim"), other than (a) an Administrative Claim arising from the operation by the Debtors of their business in the ordinary course of business, (b) an Administrative Claim arising under the Debtors' debtor -in -possession financing facility, or (c) an Administrative Claim of a professional or other person described in the next paragraph of this Notice, and who has not previously filed a proof of such Administrative Claim must file a proof of such Administrative Claim with the claims agent appointed in these cases at one of the following addresses within thirty (30) days after the Effective Date of the Plan, which will be March 16, 2005. By mail: Dan River, Inc., c/o BMC, P.O. Box 949, El Segundo, CA 90245-0949. By hand delivery or courier: Dan River, Inc., c/o-BMC, 1330 E. Franklin Avenue, El Segundo, CA 90245. Any such person who fails to timely file a proof of an Administrative Claim with the claims agent will be FOREVER BARRED from seeking payment of such Administrative Claim by the Debtors or the Reorganized Debtors, the Estate and property of the Debtors or Reorganized Debtors unless otherwise ordered by the Bankruptcy Court or provided in the Plan.. C. Professionals Fees and Expenses; Committee Expenses: Any person seeking an award by the Court of compensation for services rendered or reimbursement of expenses incurred through and including the date on which the Confirmation Order was entered pursuant to sections 503(b)(2), (b)(3), (b)(4), or (b)(5) of the Bankruptcy Code must file a final application with the Court for allowance of compensation for services rendered and reimbursement of s expenses incurred through such date within sixty (60) days after the Effective Date of the Plan, which will be April 15, 2005. Any such person who fails to file a timely application with the Court will be FOREVER BARRED from seeking such compensation from -the Debtors, or the Reorganized Debtors, the Estate and property of the Debtors or Reorganized Debtors unless otherwise ordered by the Bankruptcy Court or provided in the Plan.. The.provisions of this paragraph shall not apply to any professional providing services pursuant to and subject to the limits contained in the Order Authorizing Debtors to Retain and Compensate Professionals Used in the Ordinary Course of Business entered in the Bankruptcy Cases on or about April 1, 2004. Dated: February 14, 2005 KING & SPALDING LLP _ /s/ Felton E._Parrish _ -- James A. Pardo, Jr. Georgia Bar No. 561206 Sarah Robinson Borders Georgia Bar No. 610649 Felton E. Parrish Georgia Bar No. 564910 191 Peachtree Street Atlanta, Georgia 30303-1763 (404) 572-4600 Fax:_ (404) 572-5149 Counsel for the Debtors and Debtors -in -Possession \i �I IN THE UNITED STATES BANKRUPTCY CO FOR THE NORTHERN DISTRICT OF GEOR NEWNAN DIVISION In re: ) DAN RIVER INC., et aL, ) Debtors. ) 1 Chapter 11 R D i��D FEB - 3 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFIC Case Nos. 04-10990 through 04-10993 Jointly Administered Judge Drake NOTICE OF CONFIRMATION OF PLAN, PERMANENT INJUNCTION, AND DEADLINES TO FILE ADMINISTRATIVE F,XPF,NRF . CT.. A..TMC-- PLEASE TAKE NOTICE that on January 18, 2005, the United States Bankruptcy Court for the Northern District of Georgia entered the Findings of Fact, Conclusions of Law and Order (the "Confirmation Order") confirming the Third Amended and Restated Joint Plan of Reorganization Dated November 29, 2004 (as modified and amended from time to time, the "Plan") filed by Dan River Inc., The Bibb Company LLC, Dan River International Ltd., and Dan River Factory Stores, Inc., debtors and debtors in possession in the above -captioned cases, (collectively, the "Debtors"). PLEASE TAKE FURTHER NOTICE that copies of the Confirmation Order and the Plan may be obtained at the Office of the Clerk of the United States Bankruptcy Court for the Northern District of Georgia, 75 Spring Street S.W., Atlanta, Georgia 30303, during regular business hours or at www.bmecoW.net/danriver. PLEASE TAKE FURTHER NOTICE that pursuant to the Plan, the automatic stay of section 362 of the United States Bankruptcy Code shall continue in full force and effect until the Effective Date of the Plan and the Debtors and the Estates shall be entitled to all of the protections afforded thereby, all in accordance with the Plan. PLEASE TAKE FURTHER NOTICE that beginning on the thirtieth day after the Effective Date, any person seeking relief from this Court in the-Banksuptcy _Cases_. shall -be _ required to provide notice only to the Debtors, the United States Trustee, and other parties in interest who, after entry of the Confirmation Order, file a request for such notice with the Clerk of the Bankruptcy Court and serve a copy of same on counsel for the Debtors. Accordingly, any party that would like to receive notices regarding proceedings related to the Bankruptcy Cases after the Effective Date must file a request for such notice with the Clerk of the Bankruptcy Court. NOTICE IS FURTHER GIVEN THAT the Confirmation Order provides, among other things, the following deadlines: a. Administrative Claims Bar Date: Any person holding a claim for payment of an administrative expense of a kind specified in section 503(b) of the Bankruptcy Code and entitled to priority pursuant to section 507(a)(1) of the Bankruptcy Code (an "Administrative Claim"), other than (a) an Administrative Expense Claim arising from the operation by the Debtors of their business in the ordinary course of business, (b) an Administrative Claim arising under the 1� Debtors' debtor -in -possession financing facility, or (c) an Administrative Claim of a professional or other person described in the next paragraph of -this Notice, and who has not previously filed a proof of such Administrative Claim must file a proof of such Administrative Claim, in the form attached hereto. as ,Exhibit l,_with. the. claims,_ agent appointed _in _these_ cases-at.--one-,of the_ following `addresseswithin thirty (30) days afkithe-Effective Date of the"Plan - By mail: _ Dan River, Ind'.,` c/o- BMC, PO. -Box 949,_E1 Segundo, -CA =' 00245=0940.'1_1 By hand delivery or courier: Dan River, Inc., c/o BMC, 1330 E. Franklin Avenue, El Segundo, CA 90245. Any such person who fails to file a timely proof of an Administrative Claim with the claims agent will be FOREVER BARRED from seeking payment of such Administrative Claim by -the Debtors, their estates, or the reorganized Debtors. -- s- --- -- b. Professionals Fees and Expenses: Committee Expenses: Any person seeking an award by the Court of compensation for services rendered or reimbursement of expenses incurred through and including the date on which the Confirmation Order was entered pursuant to sections 503(b)(2), (b)(3), (b)(4), or (b)(5) of the Bankruptcy Code must file a final application with the Court for: allowance of compensation for services rendered and reimbursement of expenses incurred through such date within sixty (60) days after the Effective Date of the Plan. Any -such person -who fails -td file a. tiriiely application with the Court -will be..forever barred from _- seekiwg sucl ._c6.inpensat on frori�°the: Debtorrs `;their. estates,.. -or_ the reorganized Debtors. ---The - -- provisions of this paragraph shall not apply to, any professional providing services pursuant to, and subject to the -limits contained in the Order Authorizing Debtors to Retain and Compensate;, Professionals Used in the Ordinary Course of Business entered in the Bankruptcy Cases on o" about April 1; 2004:" ; Dated: January 21, 2005 KING & SPALDING LLP __/s/ Felton_E. Parrish James A. Pardo, Jr. Georgia Bar No. 561206 Sarah Robinson Borders Georgia Bar No. 610649 Felton E. Parrish Georgia Bar No. 564910 191 Peachtree Street Atlanta, Georgia '30303-1763':.; (404) 572-4600 Fax: (404) 572-5149 Counsel for the Debtors and Debtors -in -Possession Exhibit I UNITED. STATES. BANKRUPTCY,, COURT.;, FOR THE NORTHERN DISTRICT OF GEORGIA AT -LANTAD -V 1, ISION-..,, In re Dan River, Inc. et -al. I Case No&,04-tqR90 through 04- 10903 NOTE, phis form sho used o m e a or administrative dA - 'tivpxp."pnse=arisi—ni—!raf—te—rJM-1—kr-e—h"l" f0Q. e claim fW Fommencementimilthe fcas, Name of Creditor (The person or other entity to whom the debtor owes money, 11 Check box if you are aware that or property): anyone else has filed a claim for administrative expense relating to your claim. Attach copy of statement giving particulars. 13 Check box if you have never received-. any notices from the bankruptcy _court inJhJs_case,___. 13 Check box if the address differs from the address on the envelope sent to you by the court. Address Where Notices Should Be Sent: Address: City/Sttzip: Telephone: Account or other n6rnb-er'by-which &editoiidentifies -7debioi:,-.."t, -Ch-eck herd if •-V-`;T3re'places_i i F I [�thisclam�_ C3 amends a prev dated iouslyfil��4,Rj�ir�, e 1. Basis for Claim 13 Taxes 4 0 Goodssold -0 Other:.,' 0 Services performed i0 J.— �J 13 Money loaned 2. Date debt was incurred: _7' court judgment, date obtained: 4. Total Amount of Claim: $ 13 Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all charges. 6. Credits: The amount of all payments on this claim should be credited and deducted for the purpose of making this This Space is for the Debtors' Use Only administrative claim request. 17. --Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are not available, explain. If the documents are voluminous, attach a summary. 8. Date -Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, self-addressed envelope and copy of this proof of claim. Date Sign and print the name and title, -if any, of the creditor other. person authorized to file this claim (attach copy of power of attorney, if any): Penal or presenting firaudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571. January 10, 2005 Ms. Susan Wilson State of North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Dan River Inc. — Harris Plant WWTP Permit No. NCO083275 Rutherford County Dear Ms. Wilson: Da!_. giver Inc. P. O. Box 261 Danville, Virginia 24543 804/799 7000 D E C E[ yE JA N 18 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE t'] Thank you for returning my telephone call'of 1/10105. It was pleasant speaking with you and I appreciate your guidance. The plant manager, T. Michael Patterson, who had been signing the DMRs has left the company. Our current plant manager is B. T. Parrish. Mr. Parrish will be signing all DMRs going forward. If you have questions or need other information, please contact me at (434) 799-7389 by or electronic mail -at ann(a),danriver.com. Sincerely, Patty W. Gann Senior Environmental Engineer cc: Mr. Roger Edwards (DWQ - Asheville Office) ,,--,' Mr. Jiro Kendrick Mr. B. T. Parrish QUALITY TEXTILES BY DESIGN