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NC0032891_Regional Office Historical File Pre 2018 (2)
NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 19, 2014 Ralph Gatewood, Operations Manager Kinder Morgan Southeast Terminals 1000 Windward Concourse, Suite 450 Alpharetta, GA 30005 Subject: Acknowledgement of Permit Renewal Pen -nit NC0032891 Mecklenburg County Dear Mr. Gatewood: The NPDES Unit received your permit renewal application on December 19, 2014. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Maureen Kinney (919) 807-6388. Sincerely, Wren Thedford Wastewater Branch cc: Central Files NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492/Customer Service: 1-877-623-6748 Internet:: www.ncwater.orq An Equal ©pportunity\Affirmative Action Employer KINDE *. ; ORGAN EAST TERMINALS LLC December 17, 2014 Via FedEx North Carolina Department of Environment and Natural Resources Division of Water Quality — NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RECENEDIDENROR E.C., 1, 9 ZQ14 water c''ctn perratin Reference: Application for Renewal of NPDES Permit NC0032891 Kinder Morgan Southeast Terminals, LLC Charlotte Terminal 1 Dear NPDES Permit Coordinator: Enclosed please find one original and two copies of NPDES Permit Application — Short Form C (Minor Industrial) for the renewal of NPDES Permit NC0032891 for the Kinder Morgan Southeast Terminals LLC (KMST) facility — Charlotte 1, located at 502 Tom Sadler Road, Charlotte, NC in Mecklenburg County. The NPDES Permit expires at midnight on June 30, 2015. A map showing the exact location of each outfall (including latitude and longitude) is also enclosed. Please do not hesitate to contact Johnny Tapia at 704-249-9936 if you have any comments or questions. Thank you in advance for your assistance with this matter. Sincerely, Ralph Gatewood Operations Manager Enclosure cc: Johnny Tapia EHS Erwin Gaston, KMST CH-1 1000 Windward Concourse, Suite 450 Alpharetta, GA 30005 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address NC0032891 Please print or type. Kinder Morgan Southeast Terminals, LLC KMST Charlotte Terminal #1 RECEIVED/DENR/DWR DEC 1.9 2014 Water Quality Permitting Section 1000 Windward Concourse, Suite 450 Alpharetta Georgia 30005 (704) 249-9936 (704) 394-0725 johnny.tapia@kindermorgan.com 2. Location of facility producing discharge: Check here if sarxre as above ❑ Street Address or State Road City State / Zip Code County 502 Tom Sadler Rd. Charlotte North Carolina 28214-7408 Mecklenburg 3. Operator Information: Name of the firm, consultant or other entity that operates the faeitity. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number 4. Ownership Status: Federal 0 Kinder Morgan Southeast Terminals, LLC 502 Tom Sadler Rd. Charlotte North Carolina 28214-7408 (704) 399-5696 (704) 399-4100 State ❑ Private Public 0 Page 1 of 5 C-MI 10/08 NPDES PE ' IT APPLICATION - SHORT FO - C - Minor Industrial Minor industrial, manufacturing and coercial facilities. S. Standard Industrial Classification (SIC) 6. Nu ber of employees: 2 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. ©utfall 001 - Storm water from the tank farm. No treatment syste present. Outfall 002 - Storm water from the tank farm. No treatment system present. 5. Is facility covered under federal effluent limitation guidelines' No 1X1' Yes specify the category? ncipal product(s) produced: None ncipal raw material(s) consumed: None N/A Facility is ibe the manufacturing process(es): for bulk storage and distribution of pe 0 urea products. Page 2 of 5 - 110/08 TO GUM BRANCH OUTFALLS 001 AND 002 (FLOW NORTH) OUTFALL #1 LAT: 35' 17' 13.87"N LONG: 80'56'24.60-W OUTFALL #2 LAT: 35' 1 7' 1 5.35"N LONG: 80'56' 16.92-W APPROXIMATE PROPERTY BOUNDARY TOPOGRAPHIC IMAGERY WAS OBTAINED FROM THE MOUNTAIN ISLAND LAKE, (2013), NORTH CAROLINA, U.S.G.S. TOPOGRAPHIC QUADRANGLE MAP. RECEIVING STREAM: UT TO GUM BRANCH STREAM CLASS: WS—IV DRAINAGE BASIN: CATAWBA RIVER BASIN SUB —BASIN: 03-08-34 NDES PERMIT NC0032891 QUADRANGLE LOCATION ierican Toddvi stches 2,000 4,000 APPROXIMATE SCALE IN FE TAR HEEL OKTRE WH KINDER MORGAN SOUTHEAST TERMINALS CHARLOTTE #1 CHARLOTTE, NC SITE LOCATION MAP FIGURE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January 14, 2011 Richard Krejct, Director of Operations Kinder Morgan Southeast Terminals, LLC 1100 Aldet titan Drive, Suite 200 Alpharetta, Georgia 30005 RECEIVED DIVISION OF WATER QUALITY FEB 2 1 2011 SWe T I }PV MAOORESVtLLE REGIONAL OFFICE Subject: Issuance of NPDES Permit NC0032891 KMST Charlotte Terminal #1 - Grade I 502 Tom Sadler Road, Charlotte Mecklenburg County Dear Mr. Krejct: The Division of Water Quality (the Division) hereby issues the attached NPDES permit for the subject facility. We issue this permit 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. Changes to the Permit DRAFT. Based on your application indicating no significant changes to your facilities, the Division has made only minor changes to your previous permit. However, for issuance, the Division has corrected the Supplement to Cover Sheet to read to read "System" instead of "Plan" under #1, and included a subbasin number (03-08-34) under #2. We have also corrected analytical parameters codes in sections A. (1.) and A. (2.) for TSS and EPA Method 625. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and you must file it with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. This permit is not transferable except after notifying the Division of Water Quality. The Division may require pettttit modification, or revocation and re -issuance. Please note that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 919-8©7-64921 Customer ervice: 1-877-623-6748 Internet: monkncwaterquality,org An Equal Opportunity \ Athrmative Action Employer N©rthCarolina Naturally If you have questions, or if we can further assist you, please contact Joe Corporon at [joe.corporon@ncdenr.gov] or call (919) 807-6394. Res pc full, Coleen H. Sullins Enclosure: NPDES Permit NC0032891 (`FINAL) hc: Central Files NPDES Program File ec: DEH / MRO, Attn: Britt Setzer DEH Mecklenburg County, Attn: Erin Hall / John McCulloch Aquatic Toxicity Unit, Attn: Susan Meadows CG&L Attn: Kim Colson 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807.64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer N©rthCarolina Naturally ji Permit NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PRRMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Kinder Morgan Southeast Terminals, LLC is hereby authorized to discharge wastewater from outfalls located at the KMST Charlotte Terminal #1. 502 Tom Sadler Road, Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 201 1. This permit and authorization to discharge shall expire at midnight on June 30, 2015. Signed this day January 14, 2011 Co f H. Sullins, Direc D. sion of Water Quality By Authority of the Environmental Management Commission NC0032891 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. Kinder Morgan Southeast Terminals, LLC is hereby authorized to: 1. continue to operate a Surface -Water Pollution Prevention System for stormwater in proximity to above -ground storage tanks (ASTs); surface bulk -storage of petroleum hydrocarbon fuels in excess of one million gallons, serviced by secondary containment areas with hand -operated discharge valves (normally closed); located at the KMST Charlotte Terminal #1, 502 Tom Sadler Road, Charlotte, Mecklenburg County, and 2. discharge from said facilities via Outfalls 001 and 002, at locations specified on the attached map, into an unnamed tributary to Gum Branch [stream segment 11-120-51, a waterbody currently classified WS-IV within subbasin 03-08-34 in the Catawba River Basin. Kinder Morgan Southeast Terminals, LLC Charlotte Terminal #1 State Grid / USGS Quad: Fl5SW / Mt. island Lake, NC Latitude: 35° 17' 07" N Longitude: 80° 56' 23" W Receiving Stream: UT to Gum Branch [11-120-5] Stream Class: WS-IV Drainage Basin: Catawba River Basin Sub -Basin: 03-08-34 Facility Location (not to scale) NPDES Peixnit NC032891 Mecklenburg County Permit NC0032891 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 001 Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTEI [Parameter Code] STICS [50050] Flow a [00530 Total Suspended Solids [00556] Oil and Grease 2 [00076] Turbidity [34694] Phenol [34030 Benzene 4 [34010] Toluene 4 [34371] Ethyl Benzene 4 [81551] Xylene 4 :76028] EPA Method 625 [22417] MTBE [TAE6C] Acute Toxicity 5 Footnotes - SEE NEXT PAGE. Monthly Average MITS Daily Maximum 45.0 nag 50 NTU MONITO Measurement Frequency Episodic 1 /Month 1/Month /Month 1/Month 1/Quarter 1/Quarter 1/Qua e 1/Quarter Semi -Annually 1/Quarter Annually NG REQUIREMENTS Sample Type Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Sample Location Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 002 Beginning on the effective date of the permit and lasting until expiration, the Petinittee is authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTE Parameter Code] [50050] Flow [00530] Total Suspended Solids [00556] Oil and Grease 2 [00076] Turbidity [34694] Phenol [34030 Benzene 4 [34010] Toluene 4 [34371] Ethyl Benzene 4 [81551 ] Xylene 4 [76028] EPA Method 625 [22417] MTBE [TAE6C] Acute Toxicity Footnotes - SEE NEXT PAGE. TS Monthly Daily Average Maximum 45.0 mg/L 50 NTU MONITO Measuremen Frequency Episodic 1/Month /Month onth 1/Month 1/Quarter 1/Quarter 1/Quarter l /Quarter Semi -Annually 1/Quarter 1/Quarter G Sample Type Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab ENTS Sample Location Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Permit NC0032891 Footnotes for A. (1.) / A. (2.) Flow — shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed, monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of the following four methods: a) measure flow continuously; b) calculate flow (see Rational equation below) based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs." The Rational Equation: Q=KuC1A, where: Q = flow (peak flow rate (cfs or m3/sec) Ku = units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI units C = dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall I = intensity of rainfall taken from the intensity -duration -frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after the beginning of rainfall excess when all portions of the drainage basin are contributing simultaneously to flow at the outlet). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • the runoff coefficient which accounts for infiltration and other potential losses in the region, • the rainfall intensity to the region, • the time it takes for runoff to travel from the region's upper reaches to its outlet, and • the region's drainage area. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. Concurrent Sample — The Permittee shall sample this parameter concurrently with Acute Toxicity. 5. Acute Toxicity Outfall 001 (Fathead Minnow, 24-hour), Annual [see Special Condition A. (3.)]. 6. Acute Toxicity ©utfall 002 (Fathead Minnow, 24-hour), Quarterly [see Special Condition A. (4.)]. Additional Requirements • There shall be no discharge of floating solids or foam visible in other than trace amounts. • There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. • There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/L and toluene concentration is less than 11 µg/L. Permit NC0032891 A. (3.) ACUTE TOXICITY M©NIT©RING (Annually) - OUTFALL 001 The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The pen,iittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 3Q, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was perfoinied, using the appropriate parameter code. Additionally, DWQ Foini AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 rnade. 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 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. 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. Permit NC0032891 A. (4.) ACUTE TOXICITY MONITORING (Quarterly) — OUTFALL 002 The Permittee shall conduct quarterly acute toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The tests will be performed on a discharge event during each quarter (January -March, April -June, July -September, October -December). Should there be no discharge of flow from the facility during a quarter 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 below. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed; using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 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 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. 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. 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 arnended, 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 (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 Version 10/29/2010 NPDES Permit Standard Conditions Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples :must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311, of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 10/29/2010 NPDES Permit Standard Conditions Page 3 of 18 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in. the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. 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, the geometric mean of such discharges. Section B. General Conditions I. 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 1.31.9 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 10/29/2010 NPDES Permit Standard Conditions Page 4 of 18 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, 31.8 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] 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 $1.6,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41. (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. 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 31.1 of the Federal Act, 33 USG 1321, Furtherrn.ore, 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. 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]. g. Version 10/29/2010 .NPDES Permit Standard Conditions Page 5 of 18 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 s.hallalso furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (11)1. 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)1. 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: (I.) 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] 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 1.22.22] Version 10/29/2010 NPDES Permit Standard Conditions Page 6 of 18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.24 NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 .rny knowledge and belief, true, accurate, and complete. .1 am aware that there are significant penalties for submitting false including the possibility of fines and imprisonmentimprisonrnentfor 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 perrnit, 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 2E1,0100; 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 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: • Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly • Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, 111 and IV facility must: `)• Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays • Properly manage and document daily operation and maintenance of the facility • Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: )) Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC A vacancy in the position of ORC or back-up ORC. Version 10/29/2010 NPDES Permit Standard Conditions Page 7 of 18 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41. (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] 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. 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. (3) 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. Version 10/29/2010 NPDES Permit Standard Conditions Page 8 of 18 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 I.I. 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)1: 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 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2, Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with 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 Version 10/29/2010 NPDES Permit Standard Conditions Page 9 of 18 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]. 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; Version 10/29/2010 NPDES Permit Standard Conditions Page 10 of 18 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 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). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director, The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)1. 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. Version 10/29/2010 NPDES Permit Standard Conditions Page 11 of 18 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 tirnes, 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 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or informati.on. [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as .mechanical or electrical failures of pumps, aerators, compressors, etc, c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent .to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. Version 10/29/2010 NPDES Permit Standard Conditions Page 12 of 18 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 10/29/2010 NPDES Permit Standard Conditions Page 13 of 18 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): 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 ug/L); (2) Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 .m.g/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"; (I) Five hundred micrograms per liter (500 )Jg/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 Dischare 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 wafers of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 10/29/2010 NPDES Permit Standard Conditions Page 14 of 1.8 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 (j)1 Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)1 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 POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2I-L0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature„ It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)1 "Significant Industrial 'User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or .for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 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. Version 10/29/2010 NPDES Permt.t Standard Conditions Page 15 of 1,8 Pollutants which create a fire or explosion hazard in the POTW, including, but not lirni.ted to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; Heat in amounts which will inhibit biological activity in the POTW resulting in. Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (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; (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; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, With regard to the effluent requirements .listed in Part 1 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 discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and 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 industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)J b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (3) (5) Version 10/29/2010 NPDES Permit Standard Conditions Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2.H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required. under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatmentprogram, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)1 The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2FL0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permit -tee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)1 2. Industrial Waste Survey (IWS). The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 214,0905 [also 40 CFR 122.44 (j) (1)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. 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. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection. of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local 'Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15.A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge wili 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 Version 10/29/2010 On 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 DIVISION OF WATER QUALITY January 6, 2006 Mr, Robert Sullivan Kinder Morgan Southeast Terminals, LLC 1435 Windward Concourse Alpharetta, GA 30005 Subject: NPDES Permit NC0032891 Kinder Morgan Southeast Terminals — Charlotte Terminal # 1 Mecklenburg County Dear Mr. Sullivan: Our records indicate that NPDES Permit No. NC0032891 was issued on December 22, 2005 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4, Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. For new peiiiiits/facilities, the Division may supply an initial small stock of these forms; however, if you fail to receive the forms, please contact this Office as quickly as possible. The forms, including directions for their completion, and other important information are also available at http://h2o.enr.state.nc.us/NPDES/documents.htrrll. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual fee may be required for your facility; if so, you wi receive a statement from our Raleigh Office. It is imperative that the fee be paid in a time manner so as to prevent enforcement action or possible revocation of your peiliiit. t=t1tC y N. C. Division of Water Quality, Mooresville Regional Office, 610 E, Center Ave, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. To maintain compliance with discharge limitations, proper operation and maintenance of a wastewater treatment facility and the development of a process control program are essential. For those facilities having chlorine tablet disinfection, please be advised that chlorine tablets approved for wastewater treatment use must be used; swimming pool tablets are not approved. Also, be advised that DWQ staff need to have access to the facility's discharge point into the receiving stream; please maintain a path along the outfall line to facilitate that access. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Pen -nit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Michael F. Easley, Governor NCDENR North Carolina Department of Environment and Natural Resources r , Division of Water Quality oo rIc Willis fir ecr �Of ?1 i Alan 1m, l'.., Director i December 22, 2005 Mr. Robert Sullivan Kinder Morgan Southeast Terminals, LLC 1435 Windward Concourse Alpharetta, GA 30005 Subject: Issuance of NPDES Permit NC0032891 Kinder Morgan Southeast Terminals — Charlotte Te Mecklenburg County Dear Mr. Sullivan: DEC 2 9 200` 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 May 9, 1994 (or as subsequently amended). This final permit includes the following changes from the draft permit sent to you on July 6, 2005: • The monitoring frequency for phenol has been changed to monthly for outfalls 001 and 002. This change was made in keeping with North Carolina's updated permitting strategy regulating discharges from petroleum bulk storage facilities. Neither outfall has an associated limit for its discharge of phenol, based upon the facility's discharge history. • More extensive footnotes have been added; however, their content is essentially the same as found in the draft and in your current permit. • For outfall 002 (only) the frequency for Acute Toxicity testing has been increased from annual to quarterly monitoring. This change was based upon application of the updated strategy mentioned above with respect to the toxicity discharge history of this outfall. Results of toxicity testing from outfall 002 have yielded results of an LC50 of less than 100%© in three of the past five years. The Division will be willing to consider a request to reestablish an annual monitoring frequency for this parameter upon the submittal of 5 consecutive quarterly results with an LC50 of >100%©. • In a transmittal letter to the previous permittee dated July 30, 2001, the Division informed the permittee with regard to EPA Method 625 testing: "if your facility collects eight to ten samples in which none of the 625 compounds are detected, you may submit a request to the Division that this sampling requirement be eliminated." While entries have been made on the DMRs showing the 625 testing has been conducted, complete results of the analyses have not always accompanied the DMRs for each outfall, and therefore the Division could not conduct a complete examination of the record to determine the continued need for this monitoring. If you can provide adequate records from each outfall for such a review and the results meet the standard noted above, the Division will be willing to modifiy the permit to remove the requirement for EPA Method 625 monitoring. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-7015 / FAX 919-733-2496 / Internet:: h2o.enrstate.nc.us An Equal Opportunity/Alfirmative Action Employer — 50% Recycled/10% Post Consumer Paper N©rthCarolina Naturally Mr. Robert Sullivan NPDES Permit NC0032891 Renewal p.2 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 Bob Sledge at telephone number (919) 733-5083, extension 547. Sincerely, c.,,o_.-Alan W. Klimek, P.E. cc: Cen 4Y NPDES Unit MCDEP Permit NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWAI`hR UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Kinder Morgan Southeast Terminals, LLC is hereby authorized to discharge wastewater from outfalls located at the KMST Charlotte Terminal 1 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2006. This permit and authorization to discharge shall expire at midnight on June 30, 2010. Signed this day December 22, 2005. iAlan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0032891 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. Kinder Morgan Southeast Terminals, LLC is hereby authorized to: 1. continue to discharge stormwater from secondary containment areas through outfalls 001 and 002 located at the Charlotte Terminal 1, 502 Tom Sadler Road, Charlotte, Mecklenburg County, and 2. discharge from said treatment facility at the specified locations (see attached map) into an unnamed tributary to Gum Branch, a waterbody classified as WS-IV waters within the Catawba River Basin. Latitude (001) : 35°17'07" Longitude (001) : 80°56'23" Latitude (002) : 35°17'08" NC0032891 Longitude(002) : 80°56'18" Kinder Morgan Southeast Quad# Fl5SW Receiving Stream: UT to Gum Branch Terminals Stream Class: WS-IV Charlotte Terminal #1 Subbasin: 30834 MAP NOT TO SCALE Permit NC0032891 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 001 Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS , ' \ ONITORING .. ,,. 4, ' ' -Maximum' , `4 Frequencyi bType Location'., Effluent Flow Episodic 1 Total Suspended Solids 45.0 mg/L Monthly Grab Effluent Oil and Grease2 Monthly Grab Effluent Turbidity3 50 NTU Monthly Grab Effluent Phenol Monthly Grab Effluent Benzene Quarterly Grab Effluent Toluene Quarterly Grab Effluent Ethyl Benzene Quarterly Grab Effluent Xylene Quarterly Grab Effluent EPA Method 625 Semi -Annually Grab Effluent MTBE Quarterly Grab Effluent Acute Toxicity4 Annually Grab Effluent A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 002 Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: ontI1IAve vottogot ta„ Flow1 M( NG REQUIREMENTS 10."-''141404,0* ;ample 4,(ir Episodic Effluent Total Suspended Solids Oil and Grease2 45.0 mg/L Monthly Monthly Grab Grab Effluent Effluent Turbidity3 Phenol Benzene Toluene Ethyl Benzene Xylene EPA Method 625 MTBE Acute Toxicity5 50 NTU Monthly Monthly Quarterly Quarterly Quarterly Quarterly Semi -Annually Quarterly Quarterly Footnotes for outfalls 001 & 002 may be found on the next page. Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Permit NC0032891 Footnotes for Outfalls 001 & 002 Flow — Flow shall be monitored with each discharge event — During periods of no flow, the Permittee shall submit a signed, monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored using any one of four methods: a) measure flow continuously; b) calculate flow (see Rational Equation below) based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs." The Rational Equation: Q=KuCIA, where: KQu = flow (peak flow rate (cfs or m3/sec) units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI units dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall intensity of rainfall taken from the intensity -duration -frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after the beginning of rainfall excess when all portions of the drainage basin are contributing simultaneously to flow at the outlet). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • the runoff coefficient which accounts for infiltration and other potential losses in the region, • the rainfall intensity to the region, • the time it takes for runoff to travel from the region's upper reaches to its outlet, and • the region's drainage area. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. Acute Toxicity Outfall 001 (Fathead Minnow, 24-hour), Annual [see Special Condition A.(3.)]. 5. Acute Toxicity Outfall 002 (Fathead Minnow, 24-hour), Quarterly [see Special Condition A.(4.)]. The facility may request the monitoring frequency be changed to annual upon the completion of 5 consecutive quarterly tests with no demonstration of toxicity (i.e., the last 5 consecutive tests have "passed" or demonstrate a LC50 of >100%). The Permittee shall collect Acute Toxicity samples concurrently with BTEX sampling. There shall be no discharge of floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/I and toluene concentration is less than 11 µg/1. Permit NC0032891 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (3.) ACUTE TOXICITY MONITORING (ANNUAL) OUTFALL 001 The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 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 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. 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. Permit NC0032891 A. (4.) ACUTE TOXICITY MONITORING (Quarterly) OUTFALL 002 The permittee shall conduct quarterly acute toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The tests will be performed on a discharge event during each quarter (January -March, April -June, July -September, October -December). Should there be no discharge of flow from the facility during a quarter 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 below. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 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 chemicallphysical 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 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. 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. NPDES Permit Requirements 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 fa is not a designed or established or operating mode for the facility. cluding the collection system, which 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 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. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four 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 122.3) 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. 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). DWQ 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. 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. Version 6/2©/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 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, 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 day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 g• d. Any person who knowing 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)] Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $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 which has 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. 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 6/20/2003 NPDES Permit Requirements Page 5 of 16 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, th Permittee must apply for and obtain a new permit [40 CFR 122.41 (6)]. 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 (It)]. 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 6/20/2003 NPDES Permit Requirements Page 6 of 16 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]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (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) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the pemitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility 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 daily, excluding weekends and 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 Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 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)]. 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. (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 Version 6/20/2003 NPDES Permit Requirements Page 8 of 16 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) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. 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 21-1.0124 — 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 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section A'rrENTI©N: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/2t1I20 NPDES Permit Requirements Page 9 of 16 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. 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]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including > all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this 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 Permittee shall record Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 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. Sarnple 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 Reporti g Requirements L 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. 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 alternation, 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 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. 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 Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four flour 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. c. 7. The Director may waive the written report on a case -by -case basis for reports under report has been received within 24 hours. Occurrences outside normal business hours may also be reported to the Divis personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. s section if the oral on's Emergency Response Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (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. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. 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 Version 6✓20/2003 NPDES Permit Requirements Page 12 of 16 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 of the Division of Water Quality, 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. 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 perrnit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6✓20/2003 NPDES Permit Requirements Page 13 of 16 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 MUNCIPAL 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 information on (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. Mu pal 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; 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 Version 6d20/2003 NPDES Permit Requirements Page 14 of 16 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. 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 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H -.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the 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. Version 6/20/2003 NPDES Permit Requir Pig6 u. Authorization to Construct (A to C) 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 PretreatmentPermit (IUP) limitations. 7. PQTW Inspection & Monitoring of their SIUA The Permittee shall conduct inspection,, 'surveillance, and monitoring activities as described m its Division approved pretreatment program in order to determine, independent of information supplied by indu users, compliance with applicable pretreatment Standards:1 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 limited pollutants, once during the period from January 1 through June 30 and once during period from July 1 through December 31, except for organic compounds which shall. be sampled once per calendar year; $1U, Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. orcement Response Plan (ERP) Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et;,seq.), prohibitive ischarge standards as set forth in 40 CFR 403,5 and 1'5A NCAC 2H .0909, and specific local lirnitations. enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the t Annual Reports '(PA ' ) e Permittee shall report to the Division in accordance with 15A NC C 2H .0908 In lieu of submitting annual reports, Modified" Pretreatment Programs developed under 15A NCAC 2H .0904' (b)" iay be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Pennittee shall submit two copies.of a Pretreatment Annual Report (PARY describing its pretreatment activities over the previous twelve months to the Division at,the following address: These r followin NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 s shall be submitted according to a schedule established by the Director and shall contain a) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Yon -Compliance. Report ($NCR) 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) Version 6120/2003 Monitoring data from samples collected by both the ,POTW and the Significant User (SIU). These analytical results must be.reported on Industrial Data Sumrn (IDSF) or other specific format approved by the Division; " Other information Copies of the POTW's allocation table, new or„ odified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, whe " opinion ',of ' the Director is needed to determine compliance with the pre implementation requirements of this permit; 11, " Pubic"Nptice 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 Ordi fiance applicable pretreatment requirements:" and standards during the" previous :twelve "month "period:; shall be published within four months of the applicable twelve-month period. 12. Record Keepi g The Permittee shall retain for a nrinixnum of three years records of t'nt nitoring activities and"r :salts, along with support information including general records, water quality records, and records ,o industri impact on the POTW. Funding and Financia It port The Permittee shall maintain adequate funding; and staffing levels to accome objectives. "of its approved pretreatment program. Modification. to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to loc l 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 "1 5 NCAC"2H" .0114 and 15A NCAC 2H .0907.. To: Western NPDES Unit Surface Water Protection Section Attention: Joe Corporon SOC PRIORITY PROCT: No Date: March 23, 2010 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0032891 PART I - GENERAL INFORMATION Facility and address: Kinder Morgan Southeast Terminals, LLC 1100 Alderman Drive Suite 200 Alpharetta, GA 30005 Physical Location Charlotte Terminal No. 1 502 Tom Sadler Road Charlotte, NC 28214 2. Date of investigation: March 18, 2010 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Cliff McCowan, (336) 547-3672 5. Directions to site: From the intersection of Rozzelles Ferry Road and Tom Sadler Road in western Mecklenburg County, travel north on Tom Sadler Road - 0.4 mile. The Kinder Morgan Charlotte Terminal is located on the right side of Tom Sadler Road. Outfall 001 6. Discharge point(s): Latitude: 35° 17' 07" Longitude: 80° 56' 23" USGS Quad No.: FISSW Outfall 002 35° 17' 08" 80° 56' 23" 7. Receiving stream or affected surface waters: UT to Gum Branch a. Classification: WS-IV b. River Basin and Subbasin. No.: Catawba 030834 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a headwater tributary to Gum Branch with very little base flow. Other oil storage facilities located in the general vicinity also discharge into these same receiving waters. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Actual treatment capacity: Intermittent (based on rainfall) b. Current permitted capacity: There is no hydraulic capacity listed in the permit. Page Two c. Description of existing or substantially constructed WWT facilities: There are no existing WWT facilities. All SW is collected in two secondary above ground containment basins and discharged though outfalls 001. & 002. Tank bottom water and loading rack water are collected on -site and then hauled off -site by a private contractor for final treatment and disposal. d. Description of proposed WWT facilities: There are no proposed WWT facilities at this time. f Possible toxic impacts to surface waters: Discharges of this nature have been shown to exhibit toxic characteristics. 2. Compliance Background: There are no compliance issues at this facility at the present time. This facility has consistently met its assigned effluent limitations. PART III - OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including toxicity) requests: None requested at this time. PART IV - EVALUATION AND RECOMMENDATIONS The permittee has requested reissuance of the subject NPDES permit. Primary petroleum components stored at this facility consist of gasoline, fuel oil, and kerosene. There have been no changes to the permit since the peiinit was last renewed nor are any proposed during this renewal. Pending a final review and approval by the Western NPDES Unit, it is recommended the NPDES permit be renewed as requested. ater Quality Regional Supervisor h:\dsr\dsrlO\kinder morganl.doc Date North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins Dee Freeman Governor Director Secretary March 8, 2010 RICHARD KREJCI DIRECTOR OF OPERATIONS KINDER MORGAN SOUTHEAST TERMINALS LLC 1100 ALDERMAN DRIVE SUITE 200 ALPI-[ARE MN GA 30005 Subject: Receipt of permit renewal application NPDES Permit NC0032891 Charlotte Terminal 1 Mecklenburg County Dear Mr. Krejci: The NPDES Unit received your permit renewal application on March 5, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing pertnit expires. If you have any additional questions concert at (919) 807-6394. cc: CENTRAL FILES NPDES Unit enewal of the subject permit, please contact Joe Corporon Sincerely, Dina Sprinkle Point Source Branch Surface Water Protection 1617 Mil Service Center, Raleigh, North Carolina 27699-'1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 9'1 9-807-6370 FAX: 919-807-6492 i Customer Service:1-87'7•623-6748 Internet: www.ncwaterquality,ory Ail Equal am`, ftwi0y't Affirmative Action Employer One North Car( i.na %NNaturrally March 4, 2010 Via Federal Express Ms. Dina Sprinkle NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Renewal of NPDES Permit NC0032891, Kinder Morgan Southeast Terminals, LLC Charlotte Terminal 1 Mecklenburg County. Dear Ms. Sprinkle: Kinder Morgan Southeast Terminals, LLC (KMST) is requesting the renewal of our NPDES permit NC0032891 for our Charlotte 1 Terminal, Mecklenburg County. Please find attached the NPDES Permit Application Short Form-C as the permit renewal application. There have been no changes to the terminal which would require any modifications to the permit. The Charlotte 1 Terminal only discharges storm water and therefore does not generate sludges or solids at the facility. All petroleum contact waters and petroleum tank bottoms are transported to a KMST approved treatment and disposal facility. If you have any questions, please do not hesitate to contact Cliff McCowan at 336-601- 2207. Sincerely, Kinder Morgan Southeast Terminals LLC Richard Krejci Director, Operations Attachments Cc: John Calupca, KMST Brian Williams, KMST Cliff McCowan, KMST 1100 Alderman Dr., Suite 200 Alpharetta, GA 30005 770-751-4140 Phone 770-751-4130 Fax NPDESPERMIT APPLICATION - SHORT FORM C - inor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-617 If you are completing field to the next. To clef: Contact Info ation: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number mail Address NPDES er it Number0 rnputer use the TABB' key or the up - clown. a.rroas to moue from one oxen, click your rnous orz top of the box. Otherwise, please print or type. Vlorfan Southeast. Teri i finals LLC Charlotte '1 orrinal #1 100 Alderman drive, Suite. 200 Alpharetta GA 30005 336) 547-3672 (336) 547-3687 Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road. City State / Zip Code County Mecklenburg 3. Operator Information: Name of the firm, consultant or other entity that opercxtes the facility. (Note that this is riot referring to the Operator in Responsible Charge or ORC) Name Kinder Morgan Southeast Terrriinal, LLC Mailing Address 502 Tom Sadler Road City Charlotte State / Zip Code Telephone Number lrax Number ership Status: F"ederal Page10f4 NC 28214 (704) 399-5696 (704) 399-4100 State LI Private X Public NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 5171 6. Number of employees: 2 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. Outfall 001 - Storm water from secondary containment areas. No treatment system present. Outfall 002 - Storm water from secondary containment areas. No treatment system present. 8. Is facility covered under federal effluent limitation guidelines? No El Yes X If yes, specify the category? Outfall 001 - TSS (45 mg/L), 50 NTU Turbidity Outfall 002 - TSS (45 mg/L), 50 NTU Turbidity 9. Principal product(s) produced: None Principal raw material(s) consumed: None Briefly describe the manufacturing process[es]: N/A - Facility is for Bulk Storage and Distribution of Petroleum Products 10. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units o f production over the last three pears Product Produced or Raw Material Consumed (AVERAGE L Product Produced or Raw Material Consumed (PEAK) per Day N/A N/A per Month N/A N/A per Year N/A N/A Page2of4 C-M 105/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 11. Frequency of discharge: Continuous E1 Intermittent X If intermittent: Days per week discharge occurs: 1.5 Duration: 6-8 hours 12. Types of wastewater discharged to surface waters only Discharge Sanitary - monthly average Utility water, etc. - monthly average Process water - monthly average Flow (GALLONS PER DAy) Stormwater - monthly average 271,788 (001), 127,500 (002) Other - monthly average Explain; Monthly Average otal discharge (a 271, 788 (001), 127,500 (002) 13. Number of separate discharge points: 2 _Outfall Identification number(s) 001, 002 14. Name of receiving stream(s) (Provide a map showing the exact location. of each outfall, including latitude and longitude): Unnamed tributary to Gum Branch 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab sainples, for all other parameters 24-hour composite sampling shall be used. If multiple analyses are reported, report daily maximum and monthly average If only one analysis is reported, report as daily maximum. Parameter Biochemical Oxygen Demand (BOD5) Chemical Oxygen Demand (COD Total Organic Carbon Total Suspended Solids Ammonia as N Temperature (Summer Temperature (Winter) pH Daily aximu N/A N/A 14.2 (001) 6,0 (002) Fecal Coliform (If sanitary waste is present) N/A Total Residual Chlorine (if chlorine is used) N/A Units of Measurement N/A N/A N A mg/L mg/ L N/A N/A N/A N/A N A N/A Page 3 of 4 C-MI 05/08 Prir' NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 16. List all permits, construction approvals and/or applications (c heck all that op) t: numbers or che(°k none z1 ,i_at <applicatalcw): Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Permit Number Type N/A N/A N/A N/A. Non -attainment progra.rn. (CAA) 09-068-556 NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA Other 17. List any chemicals that maybe discharged (Please list amounts.) MTBE (methyl tert-butyl ether) Oil & grease Total Suspended Solids (TSS) ide permit Permit Number NIA N/A N/A id explain source and poter Toluene, Benzene, Ethylbenzene, Phenol, Xylene ial 18. Is this facility located on Indian country? (check one Yes Lei 19. Applicant Certification No X I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Richard Krejci Printed name of Person Signature of App ing Director of Operations Title Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 4 of 4 C-M 105/08 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary \Alan W.limek, P.E., Director February 27, 2004 r. Robert Sullivan Kinder Morgan Southeast Terminals LLC 502 Tom Sadler Road Charlotte, North Carolina 28214-7408 Subject: NPDES Permit Modification Permit NC0032891 KMST Charlotte Termiria Formerly (Phillips Pipe Line Company) Mecklenburg County MAR 0 4 2004 Dear Mr. Sullivan: In accordance with your request received January 13, 2004, the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under 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 December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification 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 a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. cc: Central Files na NPDES Unit Office, Water Quality Section Sincerely, kwAan W. Klimek, P.E. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o,enr.state.nc.us/ ValeryZtephens@ncrnail.net Permit Number NC0032891 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 provision 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, Kinder Morgan Southeast Terminals LLC is hereby authorized to discharge wastewater from a facility located at KMST Charlotte Terminal 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, LI, ffl and IV hereof. This permit shall become effective February 27, 2004. This permit and authorization to discharge shall expire at midnight on June 30, 2005. Signed this day February 27, 2004. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Kinder Morgan Southeast Terminals LLC, is hereby authorized to: Continue to discharge stoiuiwater from secondary containment areas through outfalls 001 and 002 located at the KMST Charlotte Terminal, 502 Sadler Road, Charlotte, Mecklenburg County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Gum Branch, classified WS IV waters in the Catawba River Basin. Facility Information Latitude (001): Lonaitude(001): Latitude(002): Longitude (002): Quad Number Stearn Cam: Raraivinv.Cf.wm 35°17'07" 80°56'23" 35°17'08" 80°56'23" F15SW �IV rn f�,.,, FL -any!, North NC00328J1 Mecklenburg County 35°17'07" 8©°56'23" 2): 35°17'08" i2), 80°56'23" F16SW WS IV UT to Guru Branch Permit NC0032891 A. (1.) EFFLUENT LIMITATIONS AND M©NIT©RING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Perrnittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Flow' Total Suspended Solids Oil and Grease2 Turbidity3 Phenol Benzene Toluene Ethyl Benzene Xylene EPA Method 625 MTBE4 Acute Toxicitys 45.© mg/L 50 NTU 00 µg/L 1.19 µg/L Episodic Monthly Grab Monthly Grab Effluent Effluent Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent. Monthly Grab Effluent Semi -Annually Grab Effluent Monthly Grab Effluent Annually Grab Effluent Footnotes: 1. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow shall be monitored at each discharge event in one of four ways: a) measure flow continuously; b) calculate flow based on total rainfall per area draining to the outfall; exclude built -upon area (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge purnp logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. MTBE — Please see Part A.(4.) for additional requirements pertaining to MTBE. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(3.)]. There shall be no discharge of floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 lig/1 and toluene concentration is less than 11 µg/1. Permit NC0032891 A. (2.) EFFLUENT LIMITATIONS AND MONIT©RING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: Flowl Total Suspended Solids Oil and Grease2 Turbidity3 Phenol .Benzene Toluene Ethyl Benzene Xylene EPA Method 625 MTBE4 Acute Toxicity5 45.0 mg)L 50 NTtT 64 µg/L 1.19 µg/L pc i l tf uent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Monthly Grab Effluent Semi -Annually Grab Effluent Monthly Crab Effluent Annually UraZi Effluent Footnotes: 1. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored in one of four ways: a) measure flow continuously; b) calculate flow based on total rainfall per area draining to the outfall; exclude built -upon area (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3 Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. MTBE — Please see Part A.(4.) for additional requirements pertaining to MTBE. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(3.)]. There shall be no discharge of floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/1 and toluene concentration is less than 11 µg/1. Permit NC0032891 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (3.) ACUTE TOXICITY MONITORING (ANNUAL) The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Foiiii (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 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 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. 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. Pe NC0032891 A. (4.) MTBE SPECIAL CONDITION For the protection of public health, oil terminals that discharge to waters classified as water supplies ("WS" waters) will adhere to the following action plan: 1. As stated in Part A. (1.), monthly monitoring of MTBE for the duration of the permit is required. 2. After one year of monthly monitoring or once twelve data points have been collected, the Permittee shall review the MTBE data collected. If MTBE has not been detected in any samples taken during the first year, the facility may request that the monitoring frequency for MTBE be reduced. This should be done by requesting the NPDES Unit to perform a minor modification to the NPDES permit. In the case in which MTBE has been detected within the first year of effluent sampling, the subject facility must submit an MTBE reduction plan. This action plan may include site -specific BMPs or engineering solutions. A copy of this plan should be submitted to: North Carolina Division of Water Quality Water Quality Section Attn: NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 3. By the time of the next permit renewal, it is anticipated that surface water criterion for MTBE will be established. This criterion will be used in conjunction with the facility's effluent MTBE data to perform a reasonable potential analysis (RPA). The RPA will determine whether effluent from a facility has the potential to exceed a water quality standard or criterion, thereby requiring SOC PRIORITY PROJECT: Yes No To: Permits and Engineering Unit Water Quality Section Attention: Carolyn Bryant Date: January 17, 2005 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg MRO No.: 04-148 Permit No. NC0032891 PART I - GENERAL INFORMATION Facility and address: Kinder Morgan Southeast Terminals -Charlotte Formerly Philips Pipe Line Company 502 Tom Sadler Road Charlotte, North Carolina 28214 2. Date of investigation: 02-11-05 Report prepared by: Samar Bou-Ghazale, Env. Engineer I 4. Persons contacted and telephone number: Mr. Eugene Pressley Floyd, Supervisor, (704) 472- 1132. 5. Directions to Site: From the intersection of Rozzells Road and Tom Saddler Road travel north on Tom Sadler Road approximately 0.4 miles. Phillips Pipe Line Company is located on the right. 6. Discharge Point(s). List for all discharge points: Outfall 001 Latitude: 35° 17' 07" Longitude: 80° 56' 23" Outfall 002 Latitude: 35° 17' 08" Longitude: 80° 56' 23" Attach aU.S.G.S. map extract and indicate treatment facility site and discint on map. USGS Quad No.: F 15 SW USGS Quad Name: Mountain Island Lake 7. Site size and expansion are consistent with application? Yes X No_ If No, explain: Topography (relationship to flood plain included): Flat slopes. The site is not located in a flood plain. 9. Location of nearest dwelling: None within 500 feet of the discharge point. 10. Receiving stream or affected surface waters: Unnamed tributary to Gum Branch. a. Classification: WS-IV b. River Basin and Subbasin No.: Catawba River Basin; 030834 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is narrow and shallow. General C classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS Type of wastewater to be permitted: 0% Domestic 100% Industrial a. Volume of Wastewater: The wastewater is generated from storm water that falls on the entire site. b. What is the current permitted capacity of the wastewater treatment facility? N/A. c. Actual treatment capacity of the current facility (current design capacity)? N/A. 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: Wastewater from the loading rack is directed to a holding tank The existing facilities discharge stormwater from a secondary containment area through outfalls 001 and 002 located at this terminal. g. Please provide a description of proposed wastewater treatment facilities: N/A Possible toxic impacts to surface waters: Due to nature of the wastewater there could be some toxicity concern. Pretreatment Program (POTWs only): N/A. 2. Residuals handling and utilization/disposal scheme: Sludge accumulated in the holding tank is removed by Aaron Oil, Inc., and transported to Mobile, Alabama for disposal. 3. Treatment plant classification (attach completed rating sheet): Class I 4. SIC Code(s): 5171 Primary: 73 Main Treatment Unit Code: 53000 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. 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray irrigation: N/A Connection to regional Sewer System: N/A Discharge to an infiltration gallery: N/A Air Quality and/or Groundwater concerns or hazardous material ut" d at may impact water quality, air quality or groundwater? There are no concerns. The facility stores a variety of hazardous materials typically storage facilities. Air Quality Permit for this facility is not required by Mecktenb County. PART IV - EVALUATION AND RECOMMENDATIONS organ Southeast Terminals LLC is requesting NPDES Permit rene past years self nit ► i g data, from 12/2003 through 12/2004, revealed n violations. It is recommended that the NPDES Permit be renewed as requested. Page 3 st Water Qua]i gicrrx S vS Date NPDES Permit Staff Report Page 4 der Morgan Southe Charlotte Term' Latitude (0011: 3=°17'07" L n�*nude (001): SO°56123" Latitude (002): 35°1710S" Loneitude (002): 80°561 3" iivad Number, Fl5SW Stream Class: WSIV Receivin. Stream: UT to Gum Branch Sub -Basin: 03-0S-34 NPDES Permit No. NC0032891 Mecklenburg County Michael F. Easley, Governor William G. Ross Jr„, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klim& P.E. Director Division of Water Quality December 22, 2004 David Hikfreth Kinder Morgan Southeast Terminals LLC 1435 Windward Concourse Alpharetta, GA. 30005 Subject: Receipt of permit renewal application NPDES Permit NC0032891 Kinder Morgan Southeast Terminals -Charlotte Terminal 1 Mecklenburg County Dear Mr. Hildreth: The NPDES Unit received your permit renewal application on December 16, 2004. We need one additional item in order to process your permit renewal: • Solids handling and disposal. How often are solids (sludge) removed from your facility? How are solids disposed after removal? A member of the NPDES Unit will review your application. That staff contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questi extension 520. subject permit, please contact me at (919) 733-5083, Sincerely, Carolyn Bryant Point Source Branch North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 Internet: h2o.enr.state,ric.us 512 N. Salisbury St. 0Fie NAthCarolina ,Naturally prPi NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing For manufacturing or commercial facilities with a discharge <1 MGD N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.nc.us/NPDES/ NPDES Permit Number 1. Contact Information: Facility Name Owner Name Street Address City State / Zip Code Telephone Number Fax Number e-mail Address Operator Name Street Address City State / Zip Code County Telephone Number NC0032891 Please print or type Kinder Morgan Southeast Terminals - Charlotte Terminal 1 Kinder Morgan Southeast Terminals LLC 1435 Windward Concourse Alpharetta Georgia / 30005 (770) 824-4423 (770) 824-4424 Bob_Sullivan@kindermorgan.com Same as Owner Same as Owner Same as Owner Same as Owner Fulton (770) 824-4423 2. Location of facility producing discharge: Check here if same as above Facility Name (If different from above) Same as above Street Address or State Road City State / Zip Code County 3. Ownership Status: Federal 502 Tom Sadler Road Charlotte North Carolina / 28214 Mecklenburg State Private 4. Standard Industrial Classification (SIC) code(s): 4226 Public 5. Number of employees: 2 6. Principal product(s) produced: None Principal raw material(s) consumed: None 7. Principal process (es): Bulk Petroleum Storage Page 1 of 3 Version -08/03 NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing For manufacturing or, commercial facilities with a discharge <1 MGD Amount of principal product produced or raw material consumed per Day (List specific amounts consumed and/or units of production Product Produced or Raw Material Consume d (AVERAGE) N/A Product Produced or Raw Materia Consumed (PEAK) N/A per Month N/A N/A per Year N/A N/A 9. Check here if discharge occurs all year occurs: X , or circle the month(s) in which discharge January February March April May June July August September October November December Days per week discharge occurs: N/A NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. 10. Types of wastewater discharged to surface waters only Discharge per operating month Flow (GALLONS PER OPERATING MONTH) Sanitary - monthly average None Utility water, etc. - monthly average None Process water - monthly average None Storm water and wash water Monthly average = 0.021 MGD Monthly Average total discharge (all types) 0.021 MGD 11. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number ❑ None ❑ UIC None ® NPDES NC0032891 ❑ PSD None ❑ NESHAPS None Type Permit Number ❑ Non -Attainment None El Ocean Dumping None ❑ Dredge/Fill Permits None ❑ RCRA None Air 02-014-556 Page 2 of 3 Version -08/03 pirrr- NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing For manufacturing or commercial facilities with a discharge <1 MGD 12. Number of separate discharge points: 2 13. Name of receiving stream(s) (Provide a map showing the exact location o each outfall, including latitude and longitude): Unntted tributary to Gum Branch in the Catawba River Basin 14. Do you add any chemicals that may be discharged? (Please list and explain source and potential amounts.) No 15. Is this facility located on Native American lands? (Check one) YES NO I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. David Hildreth Printed name of Person Signing Signature'of Applican Director of Field Operations Title North Carolina General Statute 143-215,6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S,C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of 3 Version -08/03 4utfall 001. Kinder Morgan Southeast Tenn Charlotte Terminal l il44_Qft 35'I7'O7" [:4in1;itudeL01Ji 80'56'23" L,rtitud �U�2� 35'17'0g" tRtigitude_ign 80'56'23" Quad Number FI 5SW Stream Class: WSIV Receiving Stream: UT W Gum Branch Sub _Basin: 03-(13-34 INor lh NP[ES Permit No. NC0032$91 Mecklenburg County Kinder Morgan Southeast Terminals Charlotte Terminal 1 Latitude (001): 35°1707" Longjtude 0011 80"5623- Latitude,207,1', 35°1708" tAlgitude021: 80°5623" QMA NurONT: H 5SW Stream Class WS1V RecOying5tram: UT to Gum Branch 5ub13 03-08,34 NPOES Permit No. NO:1032891 Mecklenburg County SOC PRIORITY PROJECT: NO To: Permits and Engineering Unit Water Quality Section Attention: Valery Stephens Date: June 14, 2001 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0032891 MRO No.: 01-30 PART I - GENERAL INFORMATION Facility d Address: Phillips Pipe Line Company PO Box 66 Paw Creek, NC 28130 2. Date of Investigation: May 24, 2001 3 Report Prepared By: B. Dee Browder, Environ. Engr.I 4. Person Contacted and Telephone Number: E P Floyd, (704)399-6327 4* 61' 4- 1 5. Directions to Site: From the intersection of Rozzells Ferry Road and Tom Saddler Road travel north on Tom Sadler Road approximately 0.4 miles. Phillips Pipe Line Company is located on the right. 6. Discharge Point(s), List for all discharge Points: - Outfall 001 Latitude: 35° 17' 07" Longitude: 80° 56' 18" Outfall 002 Latitude: 35° 17' 08" Longitude: 80° 56' 18" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 15 SW Mountain Island Lake, NC 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Flat Slopes; none of the facilities appear to be in the flood plain. Page 2 9. Location of Nearest Dwelling: None within 500 feet. 10. Receiving Stream or Affected Surface Waters: U.T. to Gum Branch a. Classification: C b. River Basin and Subbasin No.: Catawba 030834 c. Describe receiving stream features and pertinent downstream uses: General Class C uses. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of Wastewater: N/A (See Recommendations) b. What is the current permitted capacity: N/A (See Recommendations) Actual treatment capacity of current facility (current design capacity): N/A (See Recommendations) d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The existing facilities discharge stormwater from a secondary containment area through outfalls 001 and 002 located at this terminal. f Description of proposed WWT facilities: N/A g. Possible toxic impacts to surface waters: There are no toxic impacts expected. h. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: a. If residuals are being land applied specify DEM Permit No. N/A. Residuals Contractor: N/A Telephone No. N/A b. Residuals stabilization: PSRP PFRP c. Landfill: N/A 3 Treatment Plant Classification: Class I (no change from previous rating). 4. SIC Code(s): 5171 Wastewater Code(s): 73 5. MTU Code(s): 53000 Page 3 PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No Special monitoring or limitations (including toxicity) requests: None at this time. Important SOC/JOC or Compliance Schedule dates: N/A Submission of plans and specifications Begin Construction Complete construction 4. Alternative Analysis Evaluation a. Spray Irrigation: N/A b. Connect to regional sewer system: N/A c. Subsurface: N/A d. Other disposal options: N/A PART IV - EVALUATION AND RECOMMENDATIONS Phillips Pipe Line Company has requested renewal of its NPDES permit. Please note that the discharge from this facility is for stormwater only. This office recommends that the current NPDES Permit not be renewed but a General Stormwater Permit issued provided that the parameters monitored at this facilimay be listed as test parameters of the Stormwater Permit. Signature of Report Prepare Water Quality RegiSupervisor h:\dsr\eisr99\ Date State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director Mr. David Ysebaert Phillips Pipe Line Company 3-B10 Adams Building Bartlesville, Oklahoma 74004 Dear Mr. Ysabaert: • C,FV"ICE MAR 0 2 2001 DENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Renewal Application Permit NC0032891 Phillips Pipe Line Company Mecklenburg County The NPDES Unit received your permit renewal application on January 29, 2001. Thank you for submitting this package. The permit renewal for this facility will be assigned to a member of the NPDES Unit staff. That staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a year and is delaying all permit renewals, Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. To facilitate permit renewal, the NPDES Unit is requesting that oil terminal bulk storage facilities submit a few additional items. As soon as possible, please submit the following items: A site plan indicating all sources of stormwater, washwater, and other wastewater (including any discharge from a groundwater remediation system) being discharged from the permitted outfall(s). If available, a disk or electronic copy of the past five year's worth of discharge monitoring report data from your facility. Microsoft Excel is the preferred format for such data. A brief description of the manner in which tank solids, tank bottom water, the rag layer, and any other waters are disposed. If the staff shortage delays reissuance of NC0032891 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. cc: NPDES File gional Office, Water Quality Section Sincerely, U Valery Stephens Point Source Unit January 22, 2001 CERTIFIED MAIL #7000-0520-0024-1774-4216 NC Department of Environmental & Natural Resources Water Quality Division/NPDES Unit 1617 Mail Service Center Raleigh NC 27699-1617 RE: NPDES Permit renewal request for Charlotte Terminal Permit No.: NC0032891 As required by permit NC0032891 Section B10, Phillips Pipe Line Company is submitting the NPDES Permit Application Renewal — Short Form C. The permit expires August 31, 2001 and requires submittal 180 days prior to expiration. The terminal's discharged water still remains to be stormwater only, from the tank dike areas. There have been no process changes nor do we anticipate any process changes that would affect the quality of the discharged water, Your consideration is requested to reduce the frequency of the 624/625 analysis from semi- annually to annually. In the past five years the terminal has reported Non -Detect for all parameters in the analysis except for the January 1999 analysis for 624/625 which detected methylene chloride which the lab considered to be a contaminate from the lab. Methylene chloride is not used in any processes at our facility and has not been detected since. If you have any questions or require additional information, please contact me at 918-661-1407. Sincerely Becky Hesslen Environmental Scientist 3-B10 Adams Building Barltesville, OK 74004 Attachments BARTLESVILLE, OKLAHOMA 74004 918 661-6600 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number Please print or type 1. Applicant and facility producing discharge A. Name NCOO "bzYq I B. Mailing address of applicant: Street address 'S - & 10 A. et annA_C St-ci:..( City --e_Z ti Ati-t___ County LOU -1-L-) State 6 K Zip Code 1 I-4 OOL4 Telephone Number (q I (C ) 6 to ( - I/40-i JAN 2 9 2001 Fax Number ( 1 I C ) 6 (., 2_ - e-mail address y 1 ke.ssl 6) c-0 C. Location of facility: Street So 2_ Tvv, Sck_ct_4--edv City CVWttL L'IA PUNT SLT...::1Ci: County elAdc. State 14 C- Zip Code Z32-144 - 7(40 Telephone Number (10,4 ""cf-- 2. Standard Industrial Classification (SIC) code(s): 5 il- I 3. Number of employees: -2_ (c(-+ ) 4, Principal product(s) produced: /4/4 Principal raw material(s) consumed: A-1 5. Principal process(es): Settg+Ictte._ tStV Ldov DrP 6. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units of Product Produced or Raw Material Consumed (AVERAGE) per Day per Month p roduction Product Produced or Raw Material Consumed (PEAK) per Year Af4 flews c3A-k 7. Check here if discharge occurs all year , or Circle the month(s) in which discharge occurs: January February March April May June July August September October November Decefnber Days per week discharge occurs: -)LI-k D S c--kaAr- 5 +-Qv I/1.k tA._;04_*Pii-- Fr-644,1 c-(a,ryLL ;nil) 6:4:13,Ja cAL- ut..), -(4-- Page 1 of 2 Version -6-99 pe,ty- , NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <I MGD (or WTPs) Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day ^ F|mm , (GALLONS PER OPERATING DAY) Volume treated before discharging (PERCENT) Sanitary ' daily average . /~,` Cooling wator, etc. daily average &/� '~.` Process water ' daily average Maximum per operating day for total discharge (all types) S. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A, Municipal sewer system gpd B. Underground well gpd C� Septic tank gpd D� Evaporation lagoon nrpond gpd E, Other, specify gpd � 10� Number ofseparate discharge po�bu: ~-- _ _ 11. Name cfreceiving ohmam(o): "AZWkeJ 4~- b» t.m^'� -l- uA^k /',7 Loa-,` 12� Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) cyanide lead mercury nickel selenium zinc None ofthe above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. 7i \/ _,&�/' d l �e- | �aex-T- Printeo-i�ame of Person Signing qi "=f="pu~~°=,* ~ North Carolina --nora|Statute 14J-215.6 (b)(2 provides that: Any person who knowingly makes any false statement representation, orcertification inamy application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required tobeoperated ormaintained under Article 21orregulations of the Environmental Management Commission implementing that Article, shall be guilty of misdemeanor punishable byafine not toexceed $10.00O.orbyimprisonment not tnexceed six months, orbyboth, Title Page 3of2 " — ./ Version -6-99 I NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. Page 2 of 2 Version -6-99 Discharge 001 Lat: 3 5° 17' ©7' Long: 80°56'23' Creek I � r f ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFACE IMPROVED SURFACE SEC[NVDARV HIGHWAY HARD SURFACE ® UNIMPROVED ROAD Latitude Longitude Map # F15SW Sub -basin 03-08-34 'Stream Class WS-IV Discharge Class Industrial - Petroleum Receiving Stream UT to Gum Branch Design Q episodic Permit expires 8/31/01 Toddville Thrift Rd itCh Phillips Pipe Line NC0032891 Mecklenburg County Tank Farm NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary DIVISION OF WA1ER QUALITY August 10, 2001 Mr. David Ysebaert Philips Pipe Line Company 3-B10 Adams Building Bartlesville, Oklahoma 74004 Subject: NPDES Permit No. NC0032891 Charlotte Terminal Mecklenburg County, NC Dear Mr, Ysebaert: Our records indicate that NPDES Permit No. NC0032891 was issued on July 30, 2001 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 5,6 and 7. Pages 5,6 and 7set the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that a. applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant 919 North Main Street, Mooresville, North Carolina 28115 Phone: 704-663-1699 I FAX: 704-663-6040 I Internet: www.enr.stateftc.us/ENR/ An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 10 % Post Consumer Paper Mr, David Ysebaert August 10, 2001 Page No, 2 operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions. and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations, If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately, A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary, As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit, Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance, Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG:dee _An NCbENR Mr. David Ysebaert Philips Pipe Line Company 3-B10 Adams Building Bartlesville, Oklahoma 74004 Dear Mr. Ysebaert North Caroiir July 30, 2001 Michael F. Easley Governor G. Ross, Jr., Secretary ent Of En rrontrient and Natural Resources Kerr T. Stevens, Director Division of Water Quality AUG 0 9 2001 L°rY SECTION Subject: Issuance of NPDES Permit NC0032891 Charlotte Terminal Mecklenburg County Division of Water Quality (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 May 9, 1994 (or as subsequently amended). Please note the following changes from your draft permit, most of which are the result of the Paw Creek hearing officer's recommendations: pH monitoring and limits have been removed from your permit. This was an error made in all of the Paw Creek draft permits. The pH requirement was eliminated in the previous permitting cycle and should not have been included in the 2001 permits. The MTBE limit of 11.6 ug/L has been removed from the permit. As per the hearing officer's recommendations, a peer - reviewed criterion for MTBE does not exist and will not be included as part of the permitting strategy for the Paw Creek permits. It is anticipated that a criterion will be in place when this permit is next renewed. In addition to monthly monitoring of MTBE, please see Part A.(3.) for some additional requirements related to MTBE. The monthly monitoring requirement for naphthalene has been deleted. Semi-annual monitoring using EPA Method 625 replaces it. As per the hearing officer's report, 625 is the best method for detecting naphthalene and other middle distillate compounds and is therefore a more appropriate monitoring requirement.. If your facility collects eight to ten samples in which none of the 625 compounds axe detected, you may submit a request to the Division that this sampling requirement be eliminated. Flow monitoring frequency has been changed from monthly to episodic. As per a request by the Mooresville Regional Office, flow must be measured with each discharge event. 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 Natalie Sierra at telephone number (919) 733-5083, extension 551. Sincerely, cc: NPDES Unit Point Source Branch Compliance and Enforcement Unit Mecklenburg County Department of Environmental Protection Central Files N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center. 1 800 623-7748 Permit NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRON S NT AND NATURAL SOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provision 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, Philips Pipe Line Company is hereby authorized to discharge wastewater from outfalls located at the Charlotte Terminal 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2001. This permit and authorization to discharge shall expire at midnight on June 30, 2005. Signed this day July 30, 2001. Kerr T. irector Divisio of er Quality By Au on of the Environmental Management Commission Permit NC003?891 SUPPLEMENT TO PERMIT COVER S iEET Philips Pipe Line Company is hereby authorized to: 1. continue to discharge stormwater from secondary containment areas through outfalls 001 and 002 located at the Charlotte Terminal, 502 Tom Sadler Road, Charlotte, Mecklenburg County, and 2. discharge from said treatment facility at the specified locations (see attached map) into an unnamed tributary to Gum Branch, a waterbody classified as WS-IV waters within the Catawba River Basin. Latitude (001) : 35°17'07" Longitude (001) : 80'56'23" Latitude (002) : 35°17'O8" Longitude(OO2) : 80'56'18" Quad# F15SW Receiving Stream: UT to Gum Branch Stream Class: WS-IV Subbasin: 30834 Ph NC0032891 ips Pipe Line Company Charlotte Terminal .- 1 TANK 4O 1 KERO5EHE r//..337J$O Get Artaw 1 Y K�r4 ANX 2d3 TMa( 201 P1 D4 LM E2 *VS 9G6,i9i. til. 9Mi.MJ6 6+L .0 i NC0032891 - Phillips PipeLine Company Charlotte Terminal Facility/Site Plan Permit NC0032891 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the 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: Flow' Total Suspended Solids Oil and Grease Turbidity3 Phenol Benzene Toluene Ethyl Benzene Xylene EPA Method 625 MTBE4 Acute Toxicity 45.0 mg/L 50 N'I'U 100 p.g/L 1.19 µg/L Episodic Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Semi -Annually Monthly Annually Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Eflfuent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Footnotes: 1. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow shall be monitored at each discharge event in one of four ways: a) measure flow continuously; b) calculate flow based on total rainfall per area draining to the outfall; exclude built -upon area (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. MTBE — Please see Part A.(4.) for additional requirements pertaining to MTBE. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(3.)]. There shall be no discharge of floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/1 and toluene concentration is less than 11 µg/1. Permit NC003289 1 A. (.) EFFLUENT LIMITATIONS' AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: anthly a .NHIORlNG itk;(, UI easureme re uen... to fan N a i© Flow1 Total Suspended Solids Oil and Grease2 Turbidity Phenol Benzene Toluene Ethyl Benzene Xylene Naphthalene MTBE¢ Acute Toxicity 45.0 mg/L 50 NFU 64 µg/L 1.19 µg/L Episodic Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Annually Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Footnotes: 1. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored in one of four ways: a) measure flow continuously; b) calculate flow based on total rainfall per area draining to the outfall; exclude built -upon area (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. MTBE — Please see Part A.(4.) for additional requirements pertaining to MTBE. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(3.)]. There shall be no discharge of floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no directdischarge-of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/1 and toluene concentration is less than 11 µg/1. Permit NC0032891 EFFLUENT LIMITATIONS AND M©NIT©RING REQUIREMENTS SPECIAL CONDITIONS A. (3.) ACUTE TOXICITY MONITORING (ANNUAL) The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 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 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. 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. Permit NC0032891 A. (4.) MTBE SPECIAL CONDITION For the protection of public health, oil terminals that discharge to waters classified as water supplies ("WS" waters) will adhere to the following action plan: 1. As stated in Part A. (1.), monthly monitoring of MTBE for the duration of the permit is required. 2. After one year of monthly monitoring or once twelve data points have been collected, the Permittee shall review the MTBE data collected. If MTBE has not been detected in any samples taken during the first year, the facility may request that the monitoring frequency for MTBE be reduced. This should be done by requesting the NPDES Unit to perform a minor modification to the NPDES permit. In the case in which MTBE has been detected within the first year of effluent sampling, the subject facility must submit an MTBE reduction plan. This action plan may include site -specific BMPs or engineering solutions. A copy of this plan should be submitted to: North Carolina Division of Water Quality Water Quality Section Attn: NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 3. By the time of the next permit renewal, it is anticipated that surface water criterion for MTBE will be established. This criterion will be used in conjunction with the facility's effluent MTBE data to perfonn a reasonable potential analysis (RPA). The RPA will determine whether effluent from a facility has the potential to exceed a water quality standard or criterion, thereby requiring PART I (continued) Section B. Schedule of Compliance The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Pennittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Mass/Day Measurements Means the Division of Water Quality, Department of Environment and Natural a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the pennit. h. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part .I of the permit. c, The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6, Concentration Measurement The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. Part II Page 2 of 11 6. b, The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. g. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 Part II Page 3 of 11 8. a. (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: Water Act. A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean 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. 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. Part II Page 4 of 11 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)1 c. Under state law, a civil penalty of not more than ten thousand dollars ($ 1 0 ,0 00) 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. [Ref: North Carolina General Statutes § 143-215.6A1 d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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. 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 which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittec 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 thc 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. 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 arc severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 5 of 11 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 to be kept by this permit. 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. 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. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, , such as the position of plant manager, operator of a well or 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. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 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." Part II Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The permittee for a permit modification, revocation and reissuance, or termination, or changes or anticipated noncompliance does not stay any permit condition. filing of a request by the a notification of planned 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective.] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G.0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 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 operation of back-up or auxiliary facilities or similar systems installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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. c. 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) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8 of 11 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 Part 503. The permittee shall comply with applicable 40 CFR Part 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 DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .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. MONITORINGAND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sarnple 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 wastestrearn, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part 1 of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Part II Page 9 of 11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; 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. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this per the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. the permittee shall record 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. Part 11 Page 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall he 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new sourcc in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change thc nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the perrnittee's sludge use or disposal practices, and such alternation, 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. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 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 permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) 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 the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. Part II 'Page 11of11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 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. 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. 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. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. ern NCDENR Mr. David Ysebaert Philips Pipe Line Company 3-B 1© Adams Building Bartlesville, Oklahoma 74004 Dear Mr. Ysebaert: Michael F. Easley Governor ;William G. Ross, Jr e retary North Carolina Department of Environment and Nat teal Re ources GregoryJ. Thorpe, Ph.D., f'utint Director Division of Water Quality August 29, 2001 Subject: Modification of NPDES Permit NC0032891 Charlotte Terminal Mecklenburg County On July 30, 2001 the Division of Water Quality (Division) issued a final permit for your facility. On August 13, 2001, Becky Hesslen of Philips Pipe Line contacted Division personnel about some errors made to the effluent limits page for outfall 002. The following change has been made accordingly: The monthly monitoring requirement for naphthalene has been deleted for outfall 002. Semi- annual monitoring using EPA Method 625 replaces it. As per the hearing officer's report, 625 is the best method for detecting naphthalene and other middle distillate compounds and is therefore a more appropriate monitoring requirement. . If your facility collects eight to ten samples in which none of the 625 compounds are detected, you may submit a request to the Division that this sampling requirement be eliminated. Please find enclosed the revised permit pages. The revised pages should be inserted into your pennit. The old pages may then be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit 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 any parts, measurement frequencies or sampling requirements contained in this permit modification 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 a written petition conforming to Chapter 150B of the North Carolina General Statutes, 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. If you have any questions concerning this permit modification, please contact Natalie Sierra at (919) 733-5083, extension 551. cc: Sincerely, NPDES Unit Point Source Branch Compliance and Enforcement Unit Mecklenburg County Department of Environmental Protection Central Files Becky L. Hesslen, Philips Pipe Line Company N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr,state,nc.us Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center: 1 800 623-7748 Permit NC003289 1 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: RN; Flows ota Suspended Solids 45.0 mg/L Episodic Oil and Grease2 Turbidity3 50 NTU Monthly Monthly Phenol Benzene Toluene Ethyl Benzene 64 µg/L 1.19 µg[L Monthly Monthly Grab Grab Grab Monthly Monthly Xylene EPA Method 625 Monthly Monthly Effluent Grab Grab Grab Semi -Annually Grab Cirab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent MTBE4 Acute Toxicity Monthly Annually Grab Grab Effluent Effluent Footnotes: 1. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow may be monitored in one of four ways: a) measure flow continuously; b) calculate flow based on total rainfall per area draining to the outfall; exclude built -upon area (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 4. MTBE — Please see Part A.(4.) for additional requirements pertaining to MTBE. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(3.)]. There shall be no discharge of floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/1 and toluene concentration is less than 11 µg/l. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 2, 1996 Mr. Tom J. Rich Phillips Pipeline Company P.O. Box 66 Paw Creek, North Carolina 28130 Subject: NPDES Permit Issuance Permit No. NC0032891 Paw Creek Terminal Mecklenburg County Dear Mr. Rich: N.C. aliPT. VIR NM CINT. HEA L11% N.AT A L 1:17.3(1).1.3 RC ES AUC 7 1996 illYSC FUNIRGMENTAL VEACENEU MOICSII.LE ilEitCE In accordance with the application for discharge permit received on February 19 1996, the Division is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. Based on comments received by the Division on May 13, 1996, the following corrections and clarifications to your NPDES permit have been made: a) The supplement to permit cover sheet has been changed to reflect the discharge of stormwater only through outfalls 001 and 002. b) A revised map has been included indicating the correct location of outfalls 001 and 002. c) The monthly monitoring requirements for benzene and phenol have been removed from the effluent limitations page as have the monitoring requirements for all chlorophenolic compounds. The Division inadvertantly applied the permitting strategy for discharges to "WS" class waters to your facility. cts The acute toxicity requirement has been changed to an annual test. e) Xylene monitoring should be conducted on a semi-annual basis as recommended by the Hearing Officer. 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 redeipt 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, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper If you have any questions or need additional information, please contact Mr. Mark McIntire, telephone number (919) 733-5083, extension 553. Sincerely, Original Signed By A. Preston Howard, Jr. A. Preston Howard, Jr., P.E. Central Files . Roosevelt Childress, EPA ermits and Engineering Unit Mecklenburg County Environmental Protection Facility Assessment Unit Aquatic Survey and Toxicology Unit Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RE DIVISION OF WATER QUALITY A' AI, RES() RC LTh, PERMIT AUG 7 1996 TO DISCHARGE WASTEWATER UNDER THE 0111501 OF DIVIROVENTAL MANAGEMENT SYSTEM In compliance with the provision 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, Phillips Pipe Line Company is hereby authorized to discharge wastewater from a facility located at Charlotte Terminal 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 1996 This permit and authorization to discharge shall expire at midnight on August 31, 2001 Signed this day August 2, 1996 Original Signed By A. Preston Howard, Jr, A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to discharge stormwater from secondary containment areas through outfalls 001 and 002 located at Charlotte Terminal, 502 Tom Sadler Road, Paw Creek Charlotte, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Gum Branch which is classified Class C waters in the Catawba River Basin. Discharge 001 Lat: 35° 17' 07" Long: 80°56'23" ROAD CLASSIFICATION PRIMARY HIGHWAY HARD SURFACE 1111 SECONDARY HIGHWAY HARD SURFACE LMIGHT-RODUTY VED SRUOADDCEARDOR UNIMPROVED ROAD Latitude Map # F15SW Stream Class Longitude Sub -basin 03-08-34 WS-Iv Discharge Class Industrial - Petroleum Receiving Stream UT to Gum Branch Design Q episodic Permit expires 8/31/01 Phillips Pipe Line NC0032891 Mecklenburg County Tank Farm A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0032891 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Flow Total Suspended Solids Oil and Grease2 EPA Methods 624/625 Xylene Acute Toxicity3 Footnotes: Dischayge Limitations Monitoring Require Measurement Sample Monthly Avg. Weekly Avg. Daily Max. Frequency Type Monthly 1 45.0 mg/1 Monthly Grab Monthly Grab Semi-annually Grab Semi-annually Grab Annually Grab ents LL Sample Location Effluent Effluent Effluent Effluent Effluent Effluent Where no measurable discharge occurs, "no discharge" should be clearly noted on the submitted monthly discharge monitoring report. Flow may be monitored in one of four ways: a) Measure flow continuously, b) Calculate flow based on the area draining to the outfall, the built upon area, and the total rainfall (this method of flow measurement should not be used at facilities that have large ponds to collect surface water runoff), c) Estimate by flow measurement at 20 minute intervals during the entire discharge event, or d) Base flow on pump logs. Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3 Acute Toxicity (Fathead Minnow, 24-hour) Monitoring, Annual, See Part III, Condition E. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no direct. discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank contents following hydrostatic testing unless benzene concentration is less than 71.4 ug/1 and toluene concentration is less than 11 ug/i. A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater 1`rorta outfall(s) serial number 002. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics FlowI Total Suspended Solids Oil and Grease2 EPA Methods 624/625 Xylene Acute Toxicity3 Permit No. NC0032891 Discharg Limitations Monitoring Require_men Measurement Sample Sample Monthly Avg. Weekly Avg. Daily Max. Frequency Type Location Monthly 1 Effluent 45.0 mg/1 Monthly Grab Effluent Monthly Grab Effluent Semi-annually Grab Effluent Semi-annually Grab Effluent Annually Grab Effluent Footnotes: Where no measurable discharge occurs, "no discharge" should be clearly noted on the submitted monthly discharge monitoring report. Flow may be monitored in one of four ways: a) Measure flow continuously, b) Calculate flow based on the area draining to the outfall, the built upon area, and the total rainfall (this method of flow measurement should not be used at facilities that have large ponds to collect surface water runoff), c) Estimate by flow measurement at 20 minute intervals during the entire discharge event, or d) Base flow on pump logs. ' Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3 Acute Toxicity (Fathead Minnow, 24-hour) Monitoring, Annual, See Part III, Condition E. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank contents following hydrostatic testing unless benzene concentration is less than 71.4 ug/1 and toluene concentration is less than 1 1 ug/1. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Pc�mittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD COND1TIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3.EMC Used herein means the North C.'arolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit, c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as 'Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as 'Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part L The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. g. Part ll Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazanious Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section or the a ter Act. 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. 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 a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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. Part II Page 5 of 14 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. 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 which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 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, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. Part II Page 6 of 14 9. 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. 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. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or 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. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 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. 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTIQN CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities arc 50% complete. Part II Page 8 of 14 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 Part II Page 9 of 14 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upseta a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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 fmal administrative action subject to judicial review. c. 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) (B) of this Pt- (4) The pennittee complied with any remedial measures required under Part II, B. 2. of this Permit. d. Burden of proof. In any enforcement proceeding the petmirttee seeking to establi has the burden of proof. 6. Removed Substances n upset 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 Part ll Page 1©of 14 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 Part 503. The permittee shall comply with applicable 40 CFR Part 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 DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .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 1. RI:p[esentative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Bing Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month foliowing the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section A1ThNTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; 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. 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. 6. R cords 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Result For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 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. Part ll Page 12 of 14 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. 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 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 alternation, 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. An icipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 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 permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) 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 the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part IL 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. Part II Page 14 of 14 tion 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. 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. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: 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 ug/l); (2)Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant m the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually 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 sixty (60) days of notification by the Division. Part III Permit No. NC0032891 E. ACU1E TOXICITY MONITORING (ANNUAL) The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Rd. Raleigh, N.C. 27607 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 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. 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. Failure to submit suitable test results will constitute noncompliance with monitoring requirements. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (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)(4) may cause this Division to initiate action to revoke the permit. SOC PRIORITY PROJECT: Yes_No X If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Jeanette Powell Date: March 4, 1996 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC 0032891 PART I - GENERAL INFORMATION Facility and ddress: Phillips Pipe Line Company P.O. Box 66 Paw Creek, NC 28130 2. Date of Investigation: March 4, 1996 3 Report Prepared By: Todd St. John 4. Persons Contacted and Telephone Number: E.P. Floyd, Supervisor (704) 399-6327 5. Directions to Site: From the intersection of Rozzells Ferry Road and Tom Sadler Road travel north on Tam Sadler Road approximately 0.4 miles. Philips Pipe Line Company is located on the right. 6. Discharge Point(s). List for all discharge points: Outfall 001: Latitude: 35° 17' 07" Longitude: 80° 56.' 23" Out Fall 002: Latitude: 35° 17' 08" Longitude: 80° 56' 18" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: FI5SW U.S.G.S. Name: Mountain Island Lake, NC 7. Site size and expansion are consistent with application? N/A 8. Topography (relationship to flood plain included): Flat slopes; none of the facilities appear to be in a flood plain. 9. Location of nearest dwelling: None within 500 feet. 10. Receiving stream or affected surface waters: U.T. to Gum Branch a. Classification: C b. River Basin and Subbasin No.: 030834 c. Describe receiving stream features and pertinent downstream uses: General Class C uses. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of wastewater to be permitted: (See Recommendations) What is the current permitted capacity of the wastewater treatment facility? (See Recommendations) c. Actual treatment capacity of the current facility (current design capacity)? (See Recommendations) 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: The facilities consist of a mud trap, an oil/water separator, pumps and a storage tank. (See Recommendations) Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: Gasoline constituents are toxic. h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: (See Recommendations) Page 2 Treatment plant classification (attach completed rating sheet): Class I (rating has not changed) 4. SIC Code(s): 5171 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 73 (See Recommendations) Secondary: Main Treatment Unit Code: 53000 (See Recommendations PART III - OTHER PERTINENT INFORMATION 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: N/A (please indicate) 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. (See Recommendations) 5. Other Special Items: (See Recommendations) PART IV - EVALUATION AND RECOMMENDATIONS Phillips Pipe Line Company has requested renewal of its NPDES permit. In his Staff report dated December 2, 1991, Mr. Kim Colson, formerly of this Office, noted that Phillips Pipe Line Company was no longer discharging the wastewater generated by the oil/water separator or any of the other WWT equipment associated with the loading area. The Company had instead elected to haul the wastewater to Industrial Waste Services, Jacksonville, Florida. Mr. Colson recommended that if the wastewater was not going to be discharged then the NPDES Permit should not be renewed. The writer questioned Mr. E.P. Floyd, Supervisor, if the Company was still using the WWT facilities to discharge or if they were hauling the waste water to Industrial Waste Services. Mr. Floyd indicated that they intended to continue to haul the wastewater and to only discharge storm water from the secondary containment areas via outfalls 001 and 002. He indicated that the Company no longer desired to use the WWT facilities to discharge wastewater. Page 3 The WWT facilities consist of an oil/water separator and sump with pumps to send the wastewater to a storage tank within the secondary containment area. This wastewater is then hauled from the storage tank to Industrial Waste Services. There are no longer any discharges from the subject WWT facilities. However, both of the outfalls do discharge storm water from each of the two secondary containment basins. Therefore, this Office recommends that the current NPDES Permit not be renewed, but a General Storm Water Permit be issued instead. Signature of Report Preparer Water Quail Date egional. Supervisor Page 4 0 FEET '03 UTtA GRID Anw nECUNATIC}N A AGNETiG NORTH TER OF SHEET WEST) 509 tc+©TT Nw 1:24 000 0 CONTOUR C©FEET NATIONALL GEODETIC 10 INTERVAL1429 VERTICAL DATUM OF EOD Y STANDARDS VIRGiN1A 22 ACCURACY RE ©N©REQVEST WITH NATIONAL MAP 8D225, ©R COMPLIES DENVER, C©LORA©© 5,OR THIS MAP 11R AP ANQ SYMBOLS IS AVAILABLE U S. GEOLOGICAL SURVEY, MAPS cnR SALE 8 (_ . S nti SCRIBING Late of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P,E., Director February 22, 1996 Mr. Tom J. Rich Philips Pipe Line Company Box 66 Paw Creek, North Carolina 28130 Subject: NPDES Permit Renewal NPDES Permit NC0032891 Phillips Pipe Line Company Mecklenburg County Dear Mr. Rich: This is to acknowledge receipt of the following documents on February 19, 1996: • NPDES Permit Application - Short Form C • Request for Permit Renewal • Application Processing Fee of $400.00 I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. You will be advised of any comments, recommendations, questions, or other information necessary for the application review. If you have any questions regarding this application, please contact Jeanette Powell at (919) 733-5083, extension 537. Sincerely, '-David A. Goodrich, Supervisor NPDES Permits Group MooresvilleMtiotttVili6RegionatDfficiW Permits and Engineering Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper N. C. DEPARTMENT OF INVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT, P. 0, BOX 29535, RALEIGH, NC 27626-0535 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C To be filed only by persons engaged in manufacturing and mining Do not attempt to complete this form before reading the accompanying instructions Please print or type 1. Name, address,. location, and telephone number of facility producing discharge A. Name PHILLIPS PIPE LINE COMPANY - CHARLOTTE TERMINAL B. Mailing address: 1. Street address Box 66 2. City PAW CREEK 3. State NC 4, County MECKLENBURG 5. ZIP 28130 C Location: 1. Street 502 TOM SADLER 2. City PAW CREEK 4, State NC D. TelephoneNo. (704) 399-6 Area Code 2. SIC (Leave blank) 3. Number of employees 3 3. County MECKLENBURG If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here 1 and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste N /A B. Facility receiving waste: 1. Name N/A 2. Street address 3. City 4. County 6. ZIP 5. State 5. y Principal product, w material (Check one) 6. Principal proces,s: Bulk storage and distribution of refined petroleum products 7. Maximum amount of princjpal,,productproduced or raw material consumer per (Check one Basis A. Dav B. Month C. Year 1-99 /A N/A 100-199 200-499 (3) "NO PRODUCT 500-999 1000-4999 (4) (5) ION ST011 AGE ONLY 5000-9999 (6) 10,000- 49,999 (7) 50,000 or more (8) 8. Maximu.m amount of principal product produced or raw material consumer, reported in item 7, above, is measured in (Check one) ,, A. 71.1ounds B. EI tons C. i barrels D. b —.2 . .7.- E. „. Li square teet I-. L. I gallons (..i. I pieces or units H. L j other, specify N/A ..,..„..., 9. (a) Check here if discharge occurs all yea (b) Check the month(s) discharge occurs; 1. [Manuary 2. _JFebruary 7, 7 July 8, 11 August 11. December (c) Check how may days per week: ,or 3. EiMarch 4, 9. September less than 1. yl 2. April 5. May 6 june 10. 1 lOctober 11, 2-3 10. Types of waste water discharged to surface waters only (check as applicable). Discharge per operating day A. Sanitary, daily average B. Cooling water, etc. daily average C. Process water, daily average D. Maximum per operating day for total dischargetypes Flow, gallons per operating day Stormwater onl ( Interrni ttant) 4-5 November 4. C 6-7 Volume treated before di (percent) 11. If any of the three types of waste water identified in item 10, either treated or untreated, are discharged to places other than surface waters, check below as applicable. A. B. D. E. Municipal sewer system RA Underground well VA Septic tank \ /8 Evaporation lagoon or pond /A Other, specify 1.2. Number of separate discharge points: A. 1 B. [X2-3 C E- D. E 6 or more 14. Name of receiving water or water: Unnamed tributary to Gum Branch Creek 15. Does your discharge contain or is it possible for your discharge to contain one or more of the foliowing substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). A. Yes B. El No 1 certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. TOM J. RICH Printed name of Person Signing PRESIDENT Title Date Application Signed Signature oTApp1iant North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knOWIV renders inaccurate any recording or monitoring device or method required to be operated or maintained tinder Article 21 or regulations of the FAO roarnentit I Management Commission implementing that Article, shall be guilty of a misdemeanor pi inishable by a (jile nut to exceed t4xliti Oil, Of IS,V inlpf17,0ornont not to (;Ct.,,,ed \ months, or lw both. i S.C.Section 1001 provides a punishment by a floe it( not more thin $10,0i)i) or imprisonment not 111010 than 5 (w both, fur a similar L 1)EPT. ©E NTA RI.NOURcEs AWN UNI"tY irk 14R 3 1993 rimy aw ter MO9REStiltt EI State of North Carolina f Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Govemor David R. Dubois P O Box 66 Paw Creek, NC 28130 Dear Mr. Dubois : Jonathan B. Howes, Secretary February 26, 1993 Subject: Permit No. NC0032891 Phillips Pipe Line Co. Charlotte Terminal Mecklenburg County In accordance with your application for discharge permit received on October 24, 1991, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Charles Alvarez at telephone number 919/733-5083. cc: Sincerely, Original Signed By Golsen H. Sullins A. Preston Howard, Jr. Acting Director ce Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0032891 DEPARTMENT 0 STATE OF NORTH CAROLINA NVIRONMENT, HEALTH, AND NATUJRAL. RESOURCES DIVISION OF ENVIRONMENTAL MAt AGEMENT i C. BET! OP u r,* p , PERMIT arsovRam rrvicornani ore TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION §IATEN993 DIVIVErl EIEST LEE aI I3tiAl r � In compliance with the provision 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, Phillips Pipe Line Company is hereby authorized to discharge wastewater from a facility located at Charlotte Terminal 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth Parts I, II, and III hereof. This permit shall become effective April 1, 1993 This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day February 26, 1993 original Signed BY Coleen H. Sullins A. Preston Howard, Jr., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to operate a mud trap, oil/water separator and pumps at outfall 001 and discharge stormwater at outfall 002 located at Charlotte Terminal, 502 Tom Sadler Road, Paw Creek Charlotte, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Gum Branch which is classified Class C waters in the Catawba River Basin. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0032891 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001&002. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic. Flow Oil and Grease Turbidity Acute Toxicity**** Organics****** TSS Lbs/day Discharge Limltatlopa Units (specify Monitoring Measurement Mon. Avg. Daily Max Mon. Ave. Daily Max, Frequency 45.0 mg/I « * * 2/Month 2/Month 45.0 mg/I 2/Month Requirements Sample nmDle Tvpe lor,:atlon Instantaneous Grab Grab Grab Grab Composite E E E E E E * Sample Locations: E - Effluent Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): the nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. Monitoring will be conducted during normal work hours. ** All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharrr shall record the approximate time that discharge began and ended, along with the instantaneous flow at the time of effluent sampling. This Permit imposes no limitation of the discharge of storm water runoff uncontaminated by any industrial or commercial activity and not discharged through any oil/water separator or other treatment equipment or facility. *** The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to °"Mural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. **** Acute Toxicity (Pimephales promelas) 24 hour static test Monitoring, Episodic, See Part III, Condition E. ***** Monitoring shall be conducted during the first five discrete discharge events after the effective date of this Permit, and then on 3n t"nnual basis thereafter, with the annual period beginning January of the next calendar year. The annual test must be performed and reported 11\ rune 30. If no discharge occurs by June 30, notification must be made to the Division by this date, and monitoring must be performed on next discharge event for the annual monitoring requirement. ****** See Part III, Condition F. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Pagel of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EEC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. . Mass/Dv Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. g. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 8. 'Types of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the analog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 5ECTI©N B. QENERAI., CQ DU1ONS 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. 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 a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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. Part II Page 5 of 14 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. 2. Duty to Mitigate The permitter shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) 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 pennittee 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. 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, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. Part II Page 6 of 14 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. 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. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or 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. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 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. 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt r 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 Part II Page 9 of 14 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (I) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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. c. 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) (B) of this permit. (4) The permitcomplied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seekmg to establish the occurrence of an upset has the burden of proof. 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 Part II Page 10 of 14 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 Part 503. The permittee shall comply with applicable 40 CFR Part 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 perrnittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .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 1. Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%© from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; 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. 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The 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. Part II Page 12 of 14 8. Jnspection 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. 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 Chan.ges The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 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 alternation, 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. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 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 permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) 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 the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part It 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. Part II Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any releva application, or submitted incorrect information in a permit application or Director, it shall promptly submit such facts or information. ts in a permit y report to the 9. rIoncompliancc 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. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Report. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substance The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any 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 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharge The permittee shall continually 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 sixty (60) days of notification by the Division. Part Permit No. NC0032891 E. ACUTE TOXICITY MONITORLNG ISODIC) The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in E.P.A. Document 600/4-85/013 entitled "The Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a single grab sample. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. Sampling and subsequent testing will occur during the first five discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity tests, the peiinittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 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 any test data from either these monitoring requirements or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test. Failure to submit suitable test results will constitute noncompliance with monitoring requirements. F. Organics Monitoring Condition Chemicals to monitored by an EPA approved method equivalent to detection levels obtainable by Methods 601 and 602 or better: * Benzene * Ethylbenzene *Methyl tert-butyl ether (MTBE) * Toluene * Xylenes * These parameters must be monitored to a detection level of 1.0 gg/l. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (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)(4) may cause this Division to initiate action to revoke the permit. Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT 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 and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Phillips Pipe Line Company is hereby authorized to discharge wastewater from a facility located at Charlotte Terminal 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on August 31, 2001 Signed this day DRAFT A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to operate a mud trap, oil/water separator and pumps at outfall 001 and discharge stormwater at outfall 002 located at Charlotte Terminal, 502 Tom Sadler Road, Paw Creek Charlotte, Mecklenburg County (See Part III of this Permit), and 2, Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Gum Branch which is classified Class C waters in the Catawba River Basin. ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFANUMENIMMI IMPROVED SURFACE SECONDARY HG-IWAY HARD SURFACE =MC= UNIMPROVED ROAD Latitude Longitude Map # F15SW Sub -basin 03-08-34 Stream Class WS-IV Discharge Class Industriai - Petroleum Receiving Stream UT to Gum Branch Design Q episodic Permit expires 8/31/01 TnrJt P..: Phillips Pipe Line NC©©32891 Mecklenburg County Tank Farm Effluent Flow1 Total Suspended Solids Oil and Grease2 Phenol Benzene EPA Methods 624/625 3 - chlorophenol 4 - chlorophenol 2,3 - dichlorophenol 2,5 - dichlorophenol 2,6 - dichlorophenol 3,4 - dichlorophenol 2,3,4,6 - tetrachlorophenol 3 - methyl - 6 - chlorophenol Acute Toxicity3 A. (). EI,FLUENT LIMITATIONS AND MONITURINU REQUIREMENTS Permit No. INC.:0032h91 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall(s) serial number 001 & 002. Such discharges shall be limited and monitored by the Permittee as specified below: Characteristics Monitoring Requirements Measurement Sample Sample Frequency Type Location M thl t Monthly Discharge Limitations Avg,. Weekly Avg. Daily Max, 45.0 mg/1 on y Monthly Monthly Monthly Monthly Semi-annually Semi-annually Semi-annually Semi-annually Semi-annually Semi-annually Semi-annually Semi-annually Semi-annually Annually Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Footnotes: I Where no measurable discharge occurs, "no discharge" should be clearly noted on the submitted monthly discharge monitoring report. Flow may be monitored in one of four ways: a) Measure flow continuously, b) Calculate flow based on the area draining to the outfall, the built upon area, and the total rainfall (this method of flow measurement should not be used at facilities that have large ponds to collect surface water runoff), c) Estimate by flow measurement at 20 minute intervals during the entire discharge event, or d) Base flow on pump logs. 2 Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3 Acute Toxicity (Fathead Minnow, 24-hour) Monitoring, Episodic, See Part III, Condition There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank contents following hydrostatic testing unless benzene concentration is less than 1.19 ug/1 and toluent concentration is less than 11 ug/l. Part III. E. ACUTE TOXICITY M©NTT©RING (EPISODIC) NC0032891 The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. Sampling and subsequent testing will occur during the first five discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity tests, the permittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Rd. Raleigh, N.C. 27607 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 any test data from either these monitoring requirements or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test. Failure to submit suitable test results will constitute noncompliance with monitoring requirements. EAM Fathead 24 Version 3/96 To: Permits and Engineering Unit Water Quality Section Date: December 2, 1991 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0032891 MRO No.: 91-248 PART I - GENERAL INFORMATION 1. Facility and Address: Phillips Pipe Line Company Charlotte Terminal Post Office Box 66 Paw Creek, North Carolina 28130 2. Date of Investigation: November 21, 1991 3. Report Prepared By: Kim H. Colson, Environmental Engineer I 4. Person Contacted and Telephone Number: Elmer Jenkins, (704) 399-6327. 5. Directions to Site: From the intersection of Old Mount Holly Road and Tom Sadler Road in northwest Charlotte, travel north on Tom Sadler Road approximately 0.4 mile. Phillips Pipe Line Company is located on the right side of Tom Sadler Road. 6. Discharge Point(s), List for all discharge Points: - 001: Latitude: 35° 17' 07" Longitude: 80° 56' 23" 002: Latitude: 35° 17' 08" Longitude: 80° 56' 18" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 15 SW USGS Quad Name: Mountain Is. Lake, NC 7. Size (land available for expansion and upgrading): There is limited land available for expansion and upgrading. 8. Topography (relationship to flood plain included): Flat slopes; the treatment facilities are not located within the 100 year flood plain. 9. Location of Nearest Dwelling: None within 500 feet. 10. Receiving Stream or Affected Surface Waters: UT to Gum Branch a. Classification: C b. River Basin and Subbasin No.: Catawba 030834 c. Describe receiving stream features and pertinent downstream uses: General "C" classification uses. Page Two PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% Industrial a. Volume of Wastewater: Dependent on rainfall. b. Types and quantities of industrial wastewater: 001: Stormwater from the fuel loading area and storage tank dike area. 002: Stormwater from a second storage tank dike area. c. Prevalent toxic constituents in wastewater: Petroleum Hydrocarbons. d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds per day: N/A a. Highest month in past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): 001: Existing treatment consists of a mud trap, oil/water separator, and pumps. The wastewater is pumped into a diked area and discharged through outfall 001. 002: There is no proposed or existing treatment. 5. Sludge Handling and Disposal Scheme: Sediment from the mud trap is taken to a hazardous waste landfill. 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class I 7. SIC Code(s): 5171 Wastewater Code(s): Primary: 39 Secondary: 73 Main Treatment Unit Code: 53000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: None. 3. Additional effluent limits requests: None. Page Three 4. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? There are no known Air Quality, Groundwater, or Hazardous Waste concerns. 5. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Phillips Pipe Line Company, has applied for permit renewal. Phillips is currently pumping all wastewater from the loading area to storage tanks. The wastewater is then taken to Industrial Waste Services, Inc. in Jacksonville, Florida. The Permittee switched to this system because they thought that such discharges would not be allowed in the future. The Permittee has been notified that this Office is unaware of any such regulations. The permittee is currently assessing the need for an NPDES permit. If the permittee continues under the present system of pumping the waste offsite, then the NPDES permit should not be renewed. A separate stormwater permit may be required for the storage tank dike area. If the permittee resumes discharging the wastewater from the loading area, then the permit should be modified to include an additional outfall for stormwater from a separate dike area (002). It is recommended that the permit be renewed as requested upon confirmation that the permittee wishes to continue discharging. Signature o Report Preparer /z Date Water Quality R onal Supervisor Date (CHARLOTTE WES= 4854 !I/ NW SCALE 1=24 ©©© O 0 CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 KILOMETER 1 MILE r"N.CX+r-L E A1r i _ N, C. -4l Pr hz S� ha ITEM (1) RATING SCALE FOR CLASSIFICATION OF FACILITIES Name of Plant:L.,r Owner or Contact Person: , Mailing Address:. ��s; County: Telephone: (-1 .1-6 NPDES Permit No. NCOO 2. Nondisc. Per. No. IssueDate: n\Ai t 1�; � Expiration Date: A, Existing Facility ✓ Rated By: ► .. New Facility Date: Reviewed (Train. & Cert.) Reg. Office Reviewed (Train. & Cert.) Central Office O R C t,< , ��ro, 3s C �y Grade t-A(A, POINTS Industrial Pretreatment Units and/or Industrial Pretreatment Program (see'de(inition No. 33) (2) DFSIGN FLOW OF PLANT IN GPD (not applicable to non contaminated cooling waters, sludge handling facilities for water purification plants, Totally closed cycle systems (del. No. 11), and facilities consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) 0 -• 20,000...............»....,..... 20,001 -- 50,000 ... » ........ , » , .......... . 50,001 -- 100,000 ..... » ....... . ..... . ..... . 100,001 -• 250,000 .. . . . . ............ ...... . 250,001 -- 500,000 ............ . . . . ......... . 500,001 •-1,000,000 .......... . .............. . 1,000,001 -- 2,000,000 ....... . ................ 2,000,001 (and up) - rate 1 point additional for each 200,000 gpd capacity up to a maximum of 30 Design Flow (gpd) (3) PRELIMINARY UNITS (see definition no. 32) (a) Bar Screens ....................... or (b) Mechanical Screens, Static Screens or Comminuting Devices .... » ...... .... . (c) Grit Removal ..„ Of (d) Mechanical or Aerated Grit Removal . (e) Flow Measuring Device ........... » .. . or (1) Instrumented Flow Measurement ... (g) Preaeration ....................... . . (h) Influent Flow Equalization .......... . . . ... . . . (i) Grease or Oil Separators • Gravity ......... Mechanical.......... Dissolved Air Flotation. ITEM (4) PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no, 43) .. ...... , .. . 4 (b) Imhoff Tank ................»..........»... (c) Primary Clarifiers ......................... . (d) Settling Ponds or Settling Tanks for Inorganic Non -toxic Materials (sludge handling facilities for water purification plants, sand, gravel, stone, and other mining operations except recreational activities such as gem or gold 1 2 3 4 5 8 10 2 2 2 2 (5) SECONDARY TREATMENT UNITS (a) Carbonaceous Stage (i)Aeration - High Purity Oxygen System . , .. . Diffused Air System .......... Mechanical Air System (fixed, floating or rotor) ......... . Separate Sludge Reaeralion ... . (ii) Trickling Filler High Rate ............ . ..... . Standard Rale .............. Packed Tower ............... Biological Aerated Fitter or Aerated Biological Filter ............. (iv) Aerated Lagoons .............. (v) Rotating Biological Contactors .. (vi) Sand Fillers - intermittent biological . recirculating biologica (vii) Stabilization Lagoons ........... (viii)Claritier .. » .................. . . . (ix) Single stage system for combined carbonaceous removal of BOD and nitrogenous removal by nitrification (see def. No. 12) (Points for this item have to be in addition to items (5) (a) (i) through (5) (a) (viii) ............ (x) Nutrient additions to enhance BOD (xi) Biological Culture ('Super Bugs') addition to enhance organic compound removal .... . POIN` 2 5 2( 1( 3 7 1( 1( 1( 2 (j) Prechlorination 5 (6) (i) Aeration - High Purity Oxygen System , .. Diffused Air System , , . , , .. , .. Mechanical Air System (fixed, floating, or rotor) ... , .. ri . , , , . Separate Sludge Reaeration , . (11) Trickling Filter - High Rate .............. Standard Rate ........... Packed Tower,.,......... (iii) Biological Aerated Filter or Aerated Biological Filler ....................„... (iv) Rotating Biological Contactors .. (v) Sand Filler - intermittent biological . recirculating biologcca (v i) Clarifier .................... 20 10 8 3 7 5 5 10 10 2 3 5 TERTIARY OR ADVANCED TREATMENT UNIT (a) Activated Carbons Beds - withoul carbon regeneration . . . . . . . .. . ....... „ 5 with carbon regeneration ....................1 5 (b) Powdered or Granular Activated Carbon Feed - without carbon regeneration ................ . 5 with carbon regeneration . 15 (c) Air Stripping ............................. 5 (d) Denitrification Process (separate process) . .... 10 (e) Electrodialysis,,,,,,,,„,5 (I) Foam Separation . ... . ........................ 5 (g) Ion Exchange ........................ (h) Land Application of Treated Effluent (see definition no, 22b) (not applicable for sand, gravel, stone and other similar mining operations) on agriculturally managed sites (See del, ...................................10.. 10 (ii) by high rale infiltration on non -agriculturally managed sites (includes rotary distributors and similar fixed nozzle systems) ..... , ..... 4 (iii) by subsurface disposal (includes low pressure pipe systems and gravity systems except at plants consisting of septic tank and nitrifica- tion lines only) ............................. (1) Microscreens.................................. 5 O) Phosphorus Removal by Biological Processes (k) Polishing Ponds - without aeration .. with aeration . , ..... , . (I) Post Aeration - cascade . .. . .. . . ... . . diffused or mechanical . (m) Reverse Osmosis ............................ (n) Sand or Mixed -Media Fillers - low rate ..... high rate,...,... (o) Treatment processes for removal of metal or (p) Treatment processes for removal of toxic materials other than metal or cyanide ..... (7) SLUDGE TREATMENT 5 20 2 5 0 5 5 2 5 15 (a) Sludge Digestion Tank - Healed ,,,, , , , , , , , , , , , 1 0 Aerobic . , ..., Unheated ..... . (b) Sludge Stabilization (chemical or Thermal) .. , (c) Sludge Drying Beds • Gravity ..... , . Vacuum Assisted . . (d) Sludge Elutriation.................... (e) Sludge Conditioner (chemical or thermal) . . (1) Sludge Thickener (gravity) .. . .......... (g) Dissolved Air Flotation Unit (not applicable to a unit rates as (3) (i) (h) Sludge Gas Utilization (including gas storage) . . 5 3 5 2 5 5 5 5 (i) Sludge Holding Tank - Aerated .... Non -aerated ....., ()) Sludge Incinerator - Viol including ac carbon regeneration) (k) Vacuum Filler. Centrifuge or Filter Press or other similar dewatering devices ... , , ... (8) SLUDGE DISPOSAL (including incinerated ash) (b) Land Application (surface and subsurface) (see definition 22a) -where the facility holds the land app. permit ... 1 0 -by contracting to a land application operator who holds the land application permit , , , , , , , , , , , , , 2 -land application of sludge by a contractor who does not hold the permit for the wastewater Treatment facility where the sludge is generated .........1 0 (c) Landfilled (burial) ..... . . . . ...... .... .. 5 (9) DISINFECTION (a) Chlorination ...... . . . . . . . 5 (b) Dechiorination....5 (c) Ozone .......................,..,.,..• 5 (d) Radiation ............ . ........ . .... 5 (10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) (not applicable to chemical additions rated as item (3) (3), (5) (a) (xi), (6) (a), (6) (b), (7) (b), (7) (e), (9) (a), (9) (b), or (9) (c) 5 points each: List: (11) MISCELLANEOUS UNITS (a) Holding Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Malerials including wastes from mining operations containing nitrogen and/or phosphorous compounds in amounts significantly greater than is common for domestic wastewater „ ., 4 (b) Effluent Flow Equalization (not applicable to storage basins which are inherent in land application systems). 2 (c) Stage Discharge (not applicable to storage basins inherent in land application systems.. (d) Pumps_ (e) Stand -By Power Supply,,,,,,,,,,,,,,,,,,,,,,, (f) Thermal Pollution Control Device..................•.,,3 TOTAL POINTS CLASSIFICATION 5 - 25 Points Class li....................._. 26- 50 Points ClassIII .....................„,......,,........,........,....,. 51- 65 Points Class IV ............................................. 66- Up Points Facilities having a rating of one through four points, inclusive, do not require a certified operator. Classification of all other facilities requires a comparable grade operator in responsible charge, Facilities having an activated sludge process will be assigned a minimum classification of Class II, 5 5 5 5 Facilities having treatment processes for the removal of metal or cyanide will be assigned a minimum classification of Class II. 8 Facilities having treatment processes for the biological removal 2 of phosphorus will be assigned a minimum classification of Class - II, Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT 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 and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Phillips Pipe Line Company is hereby authorized to discharge wastewater from a facility located at Charlotte Terminal 502 Tom Sadler Road Paw Creek Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent (imitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day A. Preston Howard, Jr., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission SUPPLE Permit No. NC0032891 TO ► PE' 1 COVER S P psPipe LineC•11p 1. Continue to operate a rnucl trap, oil/water sep.. for and pumps at outfall 001 and discharge stonnwater at outfall 002 located at CharlotteTeminal, 502 Tom Sadler Road, Paw Creek Charlotte, Mecklenburg County (See Part 111 of this Permit), and 2.;1)isch unr Basin. gent works at the location specified on the a hed map into an .but to Gum Branch which is classified Class C waters in the Catawba River A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0032891 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001&002. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic. Flow Oil and Grease Turbidity Acute Toxicity"" Organics****** TSS Discharge Limitation' Lbs/day Units (specify Mon. Avg. Daily Max Mon. Avg. pally Monitoring Measurement Max, Frequency * * 45.0 mg/I 45.0 mg/I 2/Month 2/Month 2/Month Requirements Sample Type Instantaneous Grab Grab Grab Grab Composite *Sample Location E E E E E E * Sample Locations: E - Effluent Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): the nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. Monitoring will be conducted during normal work hours. ** All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharger shall record the approximate time that discharge began and ended, along with the instantaneous flow at the time of effluent sampling. This Permit imposes no limitation of the discharge of storm water runoff uncontaminated by any industrial or commercial activity and not discharged through any oil/water separator or other treatment equipment or facility. *** The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. **** Acute Toxicity (Pimephales promelas) 24 hour static test Monitoring, Episodic, See Part III, Condition E. ***** Monitoring shall be conducted during the first five discrete discharge events after the effective date of this Permit, and then on an annual basis thereafter, with the annual period beginning January of the next calendar year. The annual test must be performed and reported by June 30. If no discharge occurs by June 30, notification must be made to the Division by this date, and monitoring must be performed on the next discharge event for the annual monitoring requirement. ****** See Part III, Condition F. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. rPart lII Permit No. NC0032891 D. ENGINEERING ALTERNATIVES ANALYSIS CONDI HON The permittee shall continuously 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 sixty (60) days of notification by the Division. E. ACUTE TOXICITY MONITORING (EPISODIC) The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in E.P.A. Document 600/4-85/013 entitled "The Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a single grab sample. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. Sampling and subsequent testing will occur during the first five discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity tests, the permittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was perfoiixied, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 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 any test data from either these monitoring requirements or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test. Failure to submit suitable test results will constitute noncompliance with monitoring requirements. F. Organics Monitoring Condition Chemicals to monitored by an EPA approved method equivalent to detection levels obtainable by Methods 601 and 602 or better: Benzene Ethylbenzene Methyl " _'buty l tnx Toluene Xylenes ese p cr l .O µg'L NPDES WASTE LOAD AI LOCATION PERMI'INO.: NC0032891 PERMITTF..,E NAME: Phillips Pipe Line Company FACILITY NAME: Charlotte Term Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001&0 2 Design Capacity: Domestic (%© of Flow): Industrial (%© of Flow): 100 %© PEC'v A Comments: Stormwater from diked containment areas (no oil/water separators) STREAM INDEX: 11-20-5 RECEIVING STREAM: an unnamed tributary to Gum Branch Class: C Sub -Basin: 03-08-34 Reference USGS Quad: Fl5SW,Mtn.Isle.Lake County: Mecklenburg Regional Office: Mooresville Regional Office (please attach) Previous Exp. Date: 4/30/92 `Treatment Plant Class: 0 Classification changes within three miles: Ca. 7 mi. to Lake Wylie (WS-III). Requested by: Prepared by: Reviewed by: Jule Shanklin Date: 11/19/91 Date: t. Date: Modeler Drainage Area (mi2 ) Date Rec. © Avg. Streamflow (cfs): 7Q10 (cfs) 0 Winter 7Q10 (cfs) 0 30Q2 (cfs) Toxicity Limits: IWC %© Instream Monitoring: Chronic 'pl G Recommended Limits Month y Average Daily Max. Mon. Freq. WOJEL For Both Outfall 001 & 002 (if needed): Flow (MGD): pH (SU): Oil & Grease (mg/1): Turbidity (NTU): TSS (mg/1): Benzene (µg/1): Toluene (µg/1): Ethylbenzene (14/1): Xylene (4/1): Methyl-tert-butyl ether (MTBE) (µg/1): monitor SPECIAL INSTRUCTIONS OR CONDITIONS ++ 6-9 45 45 instantaneous 2/mon 2/mon 2/mon 2/mon ** ** ** ** ** ++ Permit must contain flow monitoring requirement such that all volumes of wastewater leaving the facility are monitored. If continuous monitoring is not feasible, then discharger shall record the approximate times that discharge began and ended, along with instantaneous flow at the time of effluent samping. Monitoring for all toxicants should be performed during the first five discrete discharge events (annually thereafter) after the effective date of the NPDES permit. Monitoring should occur at the same time that the whole -effluent toxicitiy sample is collected during the discharge event (samples should be collected within 24 hours of the beginning of the event). *The turbidity in the receiving strearrt will not exceed 50 NTU. (* 7Q10 = 01,50 NTU applies as an effluent limit.) ** BTEX parameters should be monitored using an EPA approved method to a detection level of at least 1 ppb. Organic parameters should be monitored during the first five events and annually thereafter in correspondence with toxicity testing. Clause should be placed in the permit to allow for additional limits on these or other toxicants should the whole effluent toxicity test indicate toxic effects. Comments: IN�,56 RF.Qu t Q.c A'PL y Td ON h c z . Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WAS Phillips Pipeline Co. NC0032891 - 001, 002 Industrial - 100%© Existing Renewal UT Gum Branch C 030834 Mecklenburg MRO° J. Shanklin 11/19/91 F15SW 0 AI .I OCATION Request # 6610 Stream Characteristic; USGS # Date: Drainage Area (mi2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%©): est. <1.0 0.0 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Large bulk storage facility. Recommend new stormwater discharge SOP from petroleum storage facilities [ref. 3/15/92 memo to Regional WQ Supervisors]. Outfall 001 consists of stormwater from fuel loading area and storage tank dike area. Treatment is an oil/water separator. Outfall 002 consists of stormwater from a second storage tank dike area (no NrENT oil/water separator). Per staff report, the facility is currently pumping and hauling th cw$ frB ATt Rat outfall 002. MRO should comment on the necessity of a permitted outfall for 002. REsoURc A CO MIINIUY 1- LOP Special. Schedule Requirements and additional comments from Reviewers: tAJ Z A; %-lA-1.b TH - j it cx:Z — C. Recommended by: Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: D Date: Date: Date: MAY 0 8 1992 TO TECHNICAL SERVICES BY: APR 1 4 1992 DIVl i N OF ENVIRONMENTAL MANAGERI MOOR E'VIL E REGItNA! OFFICE L Existing Limits Mon, Avg, Daily Max. pH (SU): 6-9 Oil & Grease (mg/1): 30 60 Phenols monitor Recommended Limits Monthly Average Daily Max. Mon. Freq. For Both Outfall 001 & 002 (if needed): Flow (MGD): pH (SU): Oil & Grease Turbidity TSS (mg/1): Benzene (µg/1): monitor Toluene (µg/1): monitor Ethylbenzene (1.1g/1): monitor Xylene (4/1): monitor Methyl-tert-butyl ether (MTBE) (µg%1): monitor rHt SPECIAL INSTRUC 1'1ONS OR CONDITIONS ++ instantaneous 6-9 2/mon 45 2/mon 2/mon 45 2/mon ** ++ Permit must contain flow monitoring requirement such that all volumes of wastewater leaving the facility are monitored. If continuous monitoring is not feasible, then discharger shall record the approximate times that discharge began and ended, along with instantaneous flow at the time of effluent samping. Monitoring for all toxicants should be performed during the first five discrete discharge events (annually thereafter) after the effective date of the NPDES permit. Monitoring should occur at the same time that the whole -effluent toxicitiy sample is collected during the discharge event (samples should be collected within 24 hours of the beginning of the event). -1Mere�nr'. *The turbidity in the receiving stream will not exceed 50 NTU. (*' 7Q10=,(1,,501 i7['U applies as an effluent limit.) ** B'1'EX parameters should be monitored using an EPA approved method to a detection level of at least 1 ppb. Qraanic parameters should be monitored during the first five events and annually thereafter in correspondence with toxicity testing. Clause should be placed in the permit to allow for additional limits on these or other toxicants should the whole effluent toxicity test indicate toxic effects. Limits Changes Due To: New regulations/standards/procedures New facility information Parameter(s) Affected TSS, O&G,pH,flow BTEX The following parameter(s) are water quality limited: For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR X No parameters are water quality limited, but this discharge may affect future allocations. MISCELLANEOUS INFORMA I ION & SPECIAL CONDITIONS Miscellaneous information pertinent to the renewal or new permit for this discharge. Include relationship to the Basinwide Management Plan. WAS I ELOAD SENT TO EPA? (Major) _N (Y or N) (If yes, then attach schematic toxics spreadsheet, copy of model, or if not modeled, then old assumptions that were made, and description of how wasteload fits into basinwide plan.) Additional Information attached? _N (Y or N) If yes, explain with attachments. Facility Name FiFeLNE Permit # N coo 5 2 8 9 1 Pipe # ea I 4 ©oZ. ACUTE TOXICITY MONIT©RING (EPISODIC) The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in E.P.A. Document 600/4-85/013 entitled "The Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a single grab sample. Effluent samples for self-monitoringyurposes must be obtained below all waste treatment. Sampling and subsequent testing will occur during the first five discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity tests, the permittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Rd. Raleigh, N.C. 27607 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 any test data from either these monitoring requirements or tests performed by the North Carolina Division of Environmental Management 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 and appropriate environmental controls, shall constitute an invalid test. Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 0. 0 cfs Permitted Flow / 2- MGD IWC % Basin & Sub -basin 0308741- Receiving Stream T Gum - County MY'NRc4/2-q /1Z EAM Farhea 24 Version 10/91 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27626 James G. Martin, Governor George T. Everett, Ph.D William W. Cobey, Jr.,Secretary Director May 20, 1992 Mr. William Articola Martin Marietta Corporation 7921 Southpark Plaza Suite 210 Littleton, CO 80120 Subject: WQ0006373 Additional Information Furr Property Infiltration Gallery System Mecklenburg County Dear Mr. Articola: The Permits and Engineering Unit has completed a preliminary engineering review of the subject application. The following items must be addressed before we can complete our review: 1. The submitted application package is not clear on what the maximum flow the proposed infiltration gallery is to handle. Please confirm the proposed gallon per day per square foot infiltration flow, and the soils ability to accept this rate must be confirmed by a soil scientist. ( only gallery trench bottom can be calculated as per State procedures) 2. Concerns have been voiced that lead from past use of leaded gasoline may also be a contaminant of the effected groundwater. Please address the possible presence of lead in the groundwater and how it will be dealt with. 3. The proposed remediation system is different from what is usually seen by this office for this type of project, and the submitted application is not clear on exactly what type of contaminant is to be cleaned up. Please confirm if the groundwater is was contaminated with gasoline or oil or other, and if oils what grades were they likely to have been. The proposed UV remediation may not work on heavy oils. 4. Please address the effects of the proposed peroxide treatment on the reinfiltrated groundwater. 5. Please provide a groundwater flow map of the subject site. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 6. Please address what percentage of the contamination will be removed by the pretreatment prior to discharge into the infiltration gallery. Refer to the subject permit application number when providing the requested information. Also, please note that failure to provide this additional information on or before July 20, 1992 will subject your application to being returned as incomplete in accordance with 15 NCAC 2H .0208. If you have any questions on this matter, please call me at 919/ 733-5083. Sincerely, John Seymo Environmental Engineer Mooresville Regional Office Groundwater Section Law Environmental, Inc. James G. Martin, Governor William W. Cobey, Jr., Secretary State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street . Raleigh, North Carolina 27604 George T. Everett,Ph.D. Director October 28, 1991. Mr. DAVID R. DUBOIS 13i..LIL)"PIPE LINE COMPANY P. OT )X 66 PAW CREEK, NORTH CAROLIN A 28130 Dear Mr. DUBOIS: Subject. Application No. NC0032891 PH1LL05PIPE LINE COMPANY �.O'1"l.'E '1'BRMINAL Mecklenburg County The Division's Permits and Engineering Unit acknowledges receipt of your peiniit application and supporting materials received on October 24, 1991. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Jule Shanklin for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. If you have any questions, please contact Jule Shanklin at (919) 733-5083. Sincerely, 4� M. Dale Overcash, P.E. Supervisor, NPDES Pernnits Group Mooresville Regional Office Pollution Prevention Pays P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 11111111111111M- NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR AGENCY USE To be filed only by persons engaged in manufacturing and mining APPLICATION NU DATE ECEIVED R YEAR MO. DAY . / ' / /$4o®•47) Do not attempt to complete this form before reading accompanying instructions L'i-9/ 9 /5 1. Name. address, location, and telephone number of facility producing discharge -rm A. Name Phillips PipeLine Company - Charlotte Terminal 5. State 2. SIC Please print or type B. Mailing address 1. Street address P.O. Box 66 2. City Paw Creek 4, County Mecklenberq C. Location: 1. Street 2. City 4. State D. Telephone No.. 502 Tom Sadler Paw Creek North Carolina (704) 399-6327 Area Code Road (Leave blank) 3. Number of employees 3 (three) If all your waste is discharged into a publicly owned waste trea and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here© and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name N/A 3. State North Carolina 5. ZIP 28130. 2. Street address N/A N/A 3. City N / A 4. County N/A 0Principal product. praw material (Check one) N/A 6. ZIP N/A N/A %. Principal process. Bulk storage of refined petroleum products 7. maximum amount of principal product produced or raw material consumed per (Check one) Basis A. Day B. Month C. Year 1-99 (1) N/A N/A N/A 100-199 (2) NO P 200-499 (3) RODUCT Amount 500-999 (4) 1000- 4999 (5) gr,Y STO 5000- 9999 (6) AGF, 10,000- 49.999 (7) 50,000 or more (8) PREvi©U! EDITION MAY ®E USED UNTIL SUPPLY IS EXHAUSTED N. Max iaw►m amount of principal product, tir•prlui rd or rnw mot er I,r I r 4Av.unr.d, rrpin i vd In Item /, above, Is measured In (Check ►nie): A.opounds B.0 tons C.0 barrels D.o bushels E,o square feet F.0 gallons G.o pieces or units H.t,gother. specify N/A 9. (a) Check here if discharge occurs all year 1i, or (b) Check the month(s) discharge occurs: 1.o January 2. o February 3.0March 4. o Apri l 5.0 May 6. o June 7.0July A.D August 9.0 September 10.0 0ctoher 11.0 November 12.0 December (c) Check how many days per week: 1.01 2.0 2-3 3st 4-5 4.0 6-7 10. TypeS of waste water discharged to surface waters only (check as applicable) Discharge per operating day 0.1-999 (1) F tow, gallons per operating day 1000-4999 (2) 5000-9999 (3) 10,000- 49,999 (4) 50,000- or more (5) None (6) Volume treated before discharging (percent) 0.1- 29.9 (7) 30- 64.9 (B) 65- 94.9 (9) 95- 100 (10) A. Sanitary, daily average B. Cooling water, etc. daily average C. Process water. daily average D. Maximum per operat- ing day for total discharge (all types) STORM WATER ONLY ntermit tant) 11. if any of the three types of waste identified in item 10,either treated or untreated. are discharged to places other than surface waters, check below as applicable. Waste water is discharged to: 0.1-999 (1) Average flow, gallons per operating day 1000-4999 (2) 5000-9999 (3) 10.000-49,999 (4) 50,000 or more (5) A, Municipal sewer system 8. Underground well C. Septic tank D. Evaporation lagoon or pond E. Other, specify t 12. Number of separate discharge points: A.01 B.62-3 C.o4-5 D.06 or more 13. Name of receiving water or waters Unnamed tributary to Gum Branch Creek 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia. cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and .grease, and chlorine (residual). A.Xtyes B.o no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Ac& 4d 2, Du ,&ois Vice -President, Phillips Pipe Line Company i Printed Name of erson Signing Title ,0/ILi 91 Date Application Signed Signature of A North Carolina General Statute 143-215.6(b)(2) provides that: Any person Wo knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provide: a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Schematic Water Flow Phillips Pipe Line*Company Charlotte Terminal Paw Creek, North Carolina Mecklenberg County NPDES # NC0032891 Tank Dike 1 Contain: only stormwater discharge:, no tank bottom or olUwadar separator water Tank Dike 3 Unnamed tributary to Gitrn Branch Creek State of North Carolina of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 Martin, Governor a W. Cobey, Jr., Secretary David R. DuBois, VP Phillips Pipe Line Company Po Box 66 Paw Creek, NC 28130 Dear Mr. DuBois : Ger November 19, 1991 Subject: NPDES Permit Application NPDES Permit No.N00032891 Charlotte Terminal Mecklenburg County This is to acknowledge receipt of the following documents on October 24, 1991: ' Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $250.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Flow schematic, The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Asheville Fayetteville 704/251-6208 919/486-1.541 Moorev 704/663 - 1 699 Pol Box 29535, Ralei An E,t_ju REGIONAL OFFICES Raleigh 91 9/ 133-'23 14 ention 27626 \Vash\Vilmingtvn \Vinston-Salem 919/) 16-6481 919/395-3900 919/896-7007 ephone 9.733 '7(115 If the application is not made complete within thirty (30) days, returned to you and may be resubmitted when complete. This application has been assigned to Jule Shanklin (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, a CC: Mooresville Regional Office State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management. 512 North Salisbury Street . Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett,Ph.D. William W. Cobey, Jr., Secretary Director October 28, 1991 Mr. DAVID R. DUBOIS PHILLIOS PIPE LINE COMPANY P.O.BOX 66 PAW CREEK, NORTH CAROLINA 28130 Subject: Application No. NC0032891 PHILLIQS PIPE LINE COMPANY CHARLO 1-1'E 'TERMINAL Mecklenburg County Dear Mr. DUBOIS: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and. supporting materials received on October 24, 1991. This application has been assigned the number shown above. Please refer to this number when snaking inquiries on this project. Your project has been assigned to Jule Shanklin for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. If you have any questions, please contact Jule Shanklin at (919) 733-5083. Sincerely, Dale Overcash, P.E. Supervisor, NPDES Permits Group Mooresville Regional Office Pollution Prevention Pays P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer NPDES FACILITY AND PERMIT DATA UPDATE. OPTION TRXID 5NU KEY NC0032891 PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION FACILITY NAME> PHILLIPS PIPE LINE - CHARLOTTE COUNTY> MECKLENBURG 03 ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED) STREET: P.O. BOX 66 STREET: CHARLOTTE TERMINAL CITY: PAW CREEK ST NC ZIP 28130 CITY: PAW CREEK ST NC ZIP 28130 TELEPHONE 704 399 6327 DATE FEE PAID: 10/24/91 AMOUNT: 400.00 STATE CONTACT> SHANKLIN PERSON IN CHARGE DAVID R. DUBOIS 1=PROPOSED,2=EXIST,3=CLOSED 2 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2 LAT: 3517020 LONG: 08056210 N=NEW,M=MODIFICATION,R=REISSUE> R DATE APP RCVD 10/24/91 WASTELOAD REQS / / DATE STAFF REP REQS / / WASTELOAD RCVD / / DATE STAFF REP RCVD SCH TO ISSUE / / DATE DATE DATE DATE TO P NOTICE OT AG COM REQS OT AG COM RCVD TO EPA DATE DRAFT PREPARED / / DATE DENIED / / DATE RETURNED / / / / DATE ISSUED / / ASSIGN/CHANGE PERMIT DATE FROM EPA / / EXPIRATION DATE 04/30/92 FEE CODE ( 3 ) 1=(>10MGD),2=(>1MGD),3=(>0.1MGD),4=(<0.1MGD),5=SF,6=(GP25,64,79), 7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 39 CONBILL ( ) COMMENTS: 02 $150.00 REFUND 10.24.91 MESSAGE: *** DATA MODIFIED SUCCESSFULLY *** NPDES FACILITY AND PERMIT DATA UPDATE• OPTION TRXID 5NU KEY NC0032891 PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION FACILITY NAME> PHILLIPS PIPE LINE - CHARLOTTE COUNTY> MECKLENBURG 03 ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED) STREET: P.O. BOX 66 CITY: PAW CREEK TELEPHONE 918 661 7539 STATE CONTACT> BRIDGES 1=PROPOSED,2=EXIST,3=CLOSED LAT: 3517020 LONG: 08056210 DATE APP RCVD 12/03/86 DATE STAFF REP REQS 12/08/86 DATE STAFF REP RCVD 02/04/87 DATE TO P NOTICE 03/02/87 DATE OT AG COM REQS DATE OT AG COM RCVD DATE TO EPA DATE FROM EPA STREET: CHARLOTTE TERMINAL ST NC ZIP 28130 CITY: PAW CREEK ST NC ZIP 28130 DATE FEE PAID: 12/03/86 AMOUNT: 75.00 PERSON IN CHARGE E. PRESS FLOYD* 2 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2 N=NEW,M=MODIFICATION, R=REISSUE> R WASTELOAD REQS 12/03/86 WASTELOAD RCVD 12/03/86 SCH TO ISSUE 04/16/87 DATE DRAFT PREPARED 02/13/87 / / DATE DENIED / / / / DATE RETURNED / / / / DATE ISSUED 04/23/87 ASSIGN/CHANGE PERMIT / / EXPIRATION DATE 04/30/92 FEE CODE ( 3 ) 1=(>10MGD),2=(>1MGD),3=(>0.1MGD),4=(<0.1MGD),5=SF,6=(GP25,64,79), 7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 39 CONBILL ( ) COMMENTS: PERMIT BECOMES EFFECTIVE 05/01/87. MESSAGE: *** ENTER DATA FOR UPDATE *** PHILLUPS PETROLEUM COMPANY nxnrLeov.uE,oxLAHowx 7400* QUALITY, ENVIRONMENT AND SAFETY October 17. 1991 Charlotte Terminal NPOEGRenowa PermkNCO0328Q1 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pennko andEngineering Unit Division of Environmental Management Post Off ice Box 29535 Raleigh, North Carolina 27828-0535 Gentlemen: Enclosed is a National Pollution Discharge Elimination System n for Permit to Discharge -Short Form C (in triplicate)Phillips Pipe Line Company's This facility located inPaw Creek, inMecklenburg County. Also enclosed inocheck for $4OO.OUpayable toOEHNR.the North Carolina Department of Environment, Health, and Natural Resources, This facility is classified under SIC Industrial C3uonifioetkzn \ code 5171'^Petndeunnbulk stations and terminals --wholesale", and is not one of the Primary industries listed in Appendix AofTitle 4Uof the Code of Federal Regulations, Part 122. Therefore, a priority pollutant analysis is not being submitted with this permft application. The facility discharges stornlvvaterthrough outfahaDO1.and OO2. Phillips would like Uorequest the Effluent Limitations and Monitoring Requirements to remain unchanged. If there are any questions mgerdingU)isommbrenewal.pleasocnntactmeat (918)661-9437� Sincerely, Denise J. Smit Environmental Engineer 13A3Phillips Building din/1040Attacments cc: P.Floyd Charlotte Terminal 0 a � -,"v��� f��,O0.v~ ' Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERM' T 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, Phillips Pipe Line Company is hereby authorized to discharge wastewater from facilities located at the Charlotte Terminal northwest of Charlotte on NCSR 1759 Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall be effective May 1, 1987 This permit and the authorization to discharge shall expire at midnight on April 30, 1.992 Signed this day of April 23, 1987 R. Paul Lilm, D Division o Envi By Authority of Management Commisslion ecto.r.X`" t rnenta1'I "i ag ':.>>Env ironmen t No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to operate a mud trap, oil./water, separator and a wet well with two pumps located at the Charlotte Terminal, northwest of Charlotte on NCSP 1759 in Mecklenburg County (See Part III of this permit), and ➢ischarge from said treatment works into an unnamed tributary to Gum Branch which is classified Class "C" waters in the Catawba River Basin. A. (1) . EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge through outfall 001 stormwater and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/ unloading areas, etc. Such discharges shall be limited and monitoring by the permittee as specified below: below. fluent Characteristics Flow Oil 6 Grease Phenol s Thst,pe acti:v:ty a **Samples to location (s Discharge Limitations Monitoring Requirements K /day (Ibs/day) Daily Avg. Daily Max. Other Units (Sp ecify) *Measurement Sample **Sample Daily Avg. Daily Max. Frequency Type Location Weekly Instantaneous E 30 mg/I 60 mgll 2/Monti Grab E 2/Month Grab E * Monitoring will be conducted during normal working hours. ses,rib limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial dicharged through any oil -water separator or other treatment equipment or facility. ,/ \compliance with the monitoring requirements specified above shall be taken .at the following e nearest accessible point after final treatment but prior to actual discharge to or mixing with ' the receiving waters. E Effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. co 2 a, PDLS I.NFU `IAT[0 Address: Date of I.nves Philips Pipe 0. B o x 66 Paw Creek, N. 10/29/86 Report Prepared Thurman Horne, P. mpany 28130 4. Persons Contacted and Telephone Number: Mr. E. P. Floyd (704) 399-6327 Directions to Site: From the intersection of N. C. Hwy 27 and SR 1759, travel northwest on S. R. 1759 approximately 0.3 mile. Philips Pipe Line Company is located on the right (northeast) side of SR 1759. Discharge Point - Lati Long de: 35° 17' 10" ude: 80° 56' 25" Attach a USGS Map Extract and indicate treatment plant site and, discharge point on map. USGS Quad No. I'] 5S0 Size (land available for expansion and upgrading): The existing site encompasses approx. 10 acres. There is adequate land available for future expansion and modification if necessary. Topography (relationship to flood plain included): The terrain is relatively flat with slopes enerally less than 5%. The existing facilities do not appear to be located within ari flood plain. 9. Location of nearest clweal_in : None within 500 it. Receivin Branch. ted surface waters: An unnamed tributary. to Gum a. Classifi_catior: C b. River. Basin and bhaNo.: 03-08-33 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is very small and appears to be primarily a conveyance of storm runoff. There are no known users for any; reasonable distance downstream other than for secondary recrea and agriculture. PART IT - DESCRIPTION OF DISCdARGE, AND TREATMENT WRKS 1. Type of wastewater: 100% Industrial a . Volume of 2astewater: .01.0 MGD (based on original permit applLcation) 5. Types and quantities of industrial wastewater: wastewflter consists oi surface runoff from this petroleum storage and distribution center. c. Prevalent toxic constituents in wastewater: The wastewater would be c\p''' " to contain traces of oil products although it is not believed to be to\i, d. Pretreatment Program. (POWs only) - n/a 2. Production rates (industrial discharges only) in pounds - n/a 3. Description of industrial process (for industries only) and applicable CFk and Subpart: n/a 4. Type of treatment (specify whether proposed or existing): The existing facillf "25 consist of a mud trap (to remove sediment), an oil/water separator, and a wel well with two (2) submersible pumps. Surface runoff and oil spillage from truck loading zone flows into a mud trap, which collects debris and sedimeof then to an oil/water separator. Oil is skimmed off the surface and stored IPA j" underground tank for reprocessing. Wastewater is drained. from the bottom tank into a wet well. From here it is pumped into a spill containment dike. Accumulated storm runoff and the wastewater pumped from the wet well is per ;',H1"11Y drained from the dike, by opening a drain valve, and discharged to surface w;''''s" 5. Sludge handling and disposal scheme: Accumulated sediment is periodically disposed at a county landfill. 6. Treatment plant classification: Class I PART III - OTHER PERTINENT INFORMATION I. Is this facility being constructed with Construction Grants Funds (municipals only): n/a 2. Special monitoring requests: There should be no upstream monitoring requirements since the discharge is into a headwaters area. 3. Additional effluent limits requests: None 4. Other: None PART IV - EVALUATION AND RECW-IMENDA` IONS It is recommended that the permit be renewed with limitations*app= for an oil/water separator. / / gnazUre e=c Water Quality R gional Supervisor PHILLIPS PIPE LINE COMPANY C;h art. Lie NP66S ?'er'n:.L State of North Carolina rlvircrErret tal '}`.anage gent Commission P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Dear Sirs: 6003769 1 N. C. Phillips Pipe Line Company' has received a copy of the draft renewal_ of our Charlotte Terminal's NPDES Permit No. 6C0032891 which was issued with the States Public Notice of February 20, 1987. Phillips wishes to submit comments on the proposed determinations in this draft permit. Phillips would like to point out that the proposed measurement frequen- for the parameters 011 & Grease, Phenol and pH in. the monitoring re- ements of Part I.A. of the draft permit are excessive. Phillips once per month measurement of these parameters, rather than. the proposed twice per month or weekly frequencies, would he sufficient to establish permit compliance and effluent quality for this facility's discharges. 1 .lips appreciates the opportunity to comment on the conditions and determinations proposed in this draft permit. If You should have any cuestions regarding these comments, please call me at 918/661-7.539, t ruly Michael W. Holcomb Sr 1 rwiiC nrnent al Specia James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. E. Press Floyd Phillips Pipe Line Company P© Box 66 Paw Creek, NC 28130 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Calelint2761 April 23, 1987 C"UW CERTIFIED MAIL ET JRN RECEIPT REQi T gl kfi a Subject: Permit No. Charlotte Term Mecklenburg County ,ALlrr R. Paul Wilms u-Ptr�,NI, Director Dear Mr. Floyd: In accordance with your application for discharge permit received on December 3, 1986, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. • Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Samuel Bridges, at telephone number 919/733-5083. CC: Since IVr `t R. Paul Wilms Pollution Prevention Pays P.©, Box 27687, Rakigh, North Carolina 27611-7687 Telephone 919-733-7015 Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T 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, Phillips Pipe Line Company is hereby authorized to discharge wastewater from facilities located at the Charlotte Terminal northwest of Charlotte on NCSR 1759 Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall be effective May 1, 1987 This permit and the authorization to discharge shall expire at midnight on April 30, 1992 Signed this day of April 23, 1987 ORIGINAL SIGNED BY ARTHUR MOUSERRY FOR RPaul Wilms, Directo Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to operate a mud trap, oil/water separator and a wet well with two pumps located at the Charlotte Terminal, northwest of Charlotte on NCSR 1759 in Mecklenburg County (See Part 1TT of this permit), and 2. Discharge from said treatment works into an unnamed tributary to Gum Branch which is classified Class "C" waters in the Catawba River Basin. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge through outfall 001 stormwater and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/ unloading areas, etc. Such discharges shall be limited and monitoring by the permittee as specified below: below. ffluent Characteristics Discharge Limitations Monitoring Requirements K /day (Ibs/day) Other Units (S ecify) *Measurement Sample **Sam ie Daily Avg. baily Max. Daily Avg. Daly Max. Frequency Type Loch Flow Weekly Instantaneous E Oil & Grease 30 mg/I 60 mg/I 2/Montt) Grab E Phenols 2/Month Grab E * Monitoring will be conducted during normal working hours. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not discharged through any oil -water separator or other treatment equipment or facility. **Samples taken in compliance with the monitoring requirements specified above shall be taken at the following Iocation(s) : The nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. E - Effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Permit No. NC SCHE➢ULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the folllowing schedule: �LOZ APPLICABLE 2.. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. C. MONITORING AND REPORTING 1. Representative Sampling Samples collected and measurements taken as required herein shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3,) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTN: Central Files Post Office Box 27687 Raleigh, NC 27611 . Definitions a. Act or "the Act": The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 D.S.C. 1251, et. seq. h. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required bv this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. c. The "daily maximum" discharge means the total discharge by weight during any calendar day. 15 d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein means the North Carolina Environmental Management Commission. f. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. g. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. h. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). i. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. I 6 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et seq, the Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement o requirements of this permit, the permittee shall record the following information: sample taken pursuant to the a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency' shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this'permit by written notification. 7. Records .Retention. All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection. Agency. 17 PART II GENERAL CONDITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Noncompliance Notification Thepermittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any 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. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. 18 Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any diversion from or bypass of facilities. I 9 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 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. E. RESPONSIEILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. I 10 2. Transfer of Ownership or Control This permit is not. transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 4, Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following. a. Violation of any terms or conditions of this permi b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. I 11 5. Toxic Pollutants Notwithstanding Part II, B3-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act. for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-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 kil1S, even though the responsibility for effective compliance may be temporarily suspended. 7. oil and Hazardous Substance Liability Nothing in this permit shall be construed to 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 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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. I 12 9. Severability The provisions of this permit provision of this permit to invalid, the application of circumstances, and the remainder affected thereby. 10. Expiration of Permit are severable, and if any any circumstance is held such provision to other of this permit shall not be Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6, and 33 USC 1251 et seq. I 13 PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater .:,onitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b)(2)(c), and (d) , 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. I 14 Part III Continued Permit No. NC0032891 F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. The daily average limitations for oil and grease stated in Part I., A. shall be deemed to have been exceeded if either: a, the arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee in accordance with the monitoring requirements set forth above exceeds 30 mg/1, or b. the analyses of any two representative grab samples taken by the State at least six hours apart during any consecutive thirty day period each individually exceeds 30.0 mg/1. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharges from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. No sample may be so excluded it if is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next ➢ischarge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily average" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. ➢ . The "daily maximum" limitations for oil and grease stated in part I., A. shall be deemed to have been exceeded if either: a. the arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee or by this State (a minimum of two samples taken at least six hours apart) in accordance with the monitoring requirements set forth above exceeds 60.0 mg/I, or b. the analysis of a single sample (when it is the only one taken during the day by the permittee) exceeds 60.0 mg/l. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharges from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. No sample may be so Part III Continued Permit No. NC0032891 excluded it if is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily average" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. Other petroluem company officials have contended that, while the discharges from most of their marketing and hulk terminals are capable of meeting this "daily maximum" limitation as stated above, certain of their facilities cannot he so equipped to meet this limitation as stated above. If the permittee can present sufficient evidence to demonstrate that this facility cannot be so equipped, the State will modify this limitation to the extent needed (in no case to exceed 100.0 mg/1) to assure reasonable complicance with the "daily maximum" limitation. I. It is recognized that influent quality changes, equipment malfunction, or other circumstances may sometimes result in effluent concentrations exceeding the permit limitations despite the exercise of appropriate care and maintenance measures, and corrective measures by the permittee. The permittee may come forward to demonstrate to the State that such circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The State will consider such information in determining appropriate enforcement measures, if any, to be taken. A calendar day is defined as any consecutive 24 hour period. k. The "daily maximum" concentration is defined as the arithmetic average of one or more representative grab samples taken during any calendar day. Should effluent sampling be done on more than one calendar day during the month, the arithmetic average indicating the largest "daily maximum" concentration shall be reported on the Discharge Monitoring Report Form. b. Collection of representative samples shall be required during periods of discharges. Should there be no discharge during normal working hours, the permittee shall report "no discharge" for that reporting period. M. The reported flow shall be the arithmetic average of the total volume discharged on each of the sampling days during the reporting period. Flow may be calculated utilizing a flow recorder, rain gauge, or any other similar device. N. In connection with submission of records and reports required under this permit, the permittee shall not be deemed to have waived such privilege against self-incrimination as may be offered under or by the Fifth Amendment of the United States' Constitution. February 2, 1987 NPDES STAFF REPORT AND RECOMMENDATIONS Mecklenburg County NPDES Permit No. NC0032891 PART I - GENERAL INFORMATION 1. Facility and Address: Philips Pipe Line Company P. O. Box 66 Paw Creek, N. C. 28130 2. Date of Investigation: 10/29/86 Report Prepared By: J. Thurman Horne, P. E. 4. Persons Contacted and Telephone Number: Mr. E. P. Floyd (704) 399-6327 5. Directions to Site: From the intersection of N. C. Hwy 27 and SR 1759, travel northwest on S. R. 1759 approximately 0.3 mile. Philips Pipe Line Company is located on the right (northeast) side of SR 1759. 6. Discharge Point - Latitude: 35° 17' 10" Longitude: 80° 56' 25" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No. F15SW 7. Size (land available for expansion and upgrading): The existing site encompasses approx. 10 acres. There is adequate land available for future expansion and modification if necessary. Topography (relationship to flood plain included): The terrain is relatively flat with slopes generally less than 5%. The existing facilities do not appear to be located within any flood plain. 9. Location of nearest dwelling: None within 500 ft. 10. Receiving stream or affected surface waters: An unnamed tributary to Gum Branch. a. Classification: C b. River Basin and Subbasin No.: 03-08-33 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is very small and appears to be primarily a conveyance of storm runoff. There are no known users for any reasonable distance downstream other than for secondary recreation and agriculture. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100% Industrial a. Volume of Wastewater: .010 MGD (based on original permit application) b. Types and quantities of industrial wastewater: wastewater consists of surface runoff from this petroleum storage and distribution center. c. Prevalent toxic constituents in wastewater: The wastewater would be expected to contain traces of oil products although it is not believed to be toxic. d. Pretreatment Program (POTWs only) - n/a 2. Production rates (industrial discharges only) in pounds - n/a 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: n/a 4. Type of treatment (specify whether proposed or existing): The existing facilities consist of a mud trap (to remove sediment), an oil/water separator, and a wet well with two (2) submersible pumps. Surface runoff and oil spillage from a truck loading zone flows into a mud trap, which colclects debris and sediment, then to an oil/water separator. Oil is skimmed off the surface and stored in an underground tank for reprocessing. Wastewater is drained from the bottom of the tank into a wet well. From here it is pumped into a spill containment dike. Accumulated storm runoff and the wastewater pumped from the wet well is periodically drained from the dike, by opening a drain valve, and discharged to surface waters. 5. Sludge handling and disposal scheme: Accumulated sediment is periodically disposed at a county landfill. 6. Treatment plant classification: Class I PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only): n/a 2. Special monitoring requests: There should be no upstream monitoring requirements since the discharge is into a headwaters area. 3. Additional effluent limits requests: None 4. Other: None PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the permit be renewed with limitations appropriate for an oil/water separator. ture of report preparer Water Quality Reg al Supervisor November 21, 1986 Charlotte Terminal NPDES Permit No. NC 0032891 Renewal Application CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R. Paul Wilms, Director Permits and Engineering Unit N.C. Division of Environmental Management P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Wilms: Phillips Pipe Line Company (Phillips) submits this letter as a request for renewal of NPDES Permit No. NC 0032891 for our Charlotte, North Carolina, petroleum product storage terminal's wastewater discharge. Enclosed as payment for the stated permit renewal application fee, is a check in the amount of $75.00 payable to the N. C. Department of Natural Resources and Community Development. As discussed in a letter Phillips received from Mr. Ron McMillan, Regional Supervisor, Raleigh, on October 29, 1986, Phillips proposes no changes for this discharge and, therefore, submits this letter as the re- newal application for this facility. Phillips trusts this letter of request for the subject permit renewal meets the requirements of your State regulation mentioned in Mr. McMillan's recent letter. If you have any questions regarding this request, please call Mike Holcomb at 918/661-7539. Very truly yours, President WKS:MWH:mrs Enclosures DEC 3 1986 State of North Carolina Department of Natural Resources and Community Development Mooresville Regional Office James G. Martin, Governor S. Thomas Rhodes, Secretary Albert F. Hilton, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT May 4, 1987 Mr. E. Press Floyd Phillips Pipe Line Company Post Office Box 66 Paw Creek, North Carolina 28130 Subject: NPDES Permit No. NC 0032891 Charlotte Terminal Mecklenburg County, NC Dear Mr. Floyd: Our records indicate that NPDES Permit No. NC 0032891 was issued on April 23, 1987 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page I3. Page I3 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the DMR forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the form, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, otherwise the forms may be returned to you as incomplete. Failure to properly complete the forms may also result in an automatic $300.00 fine. The remaining Parts of the Permit (Parts II and III) set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting 919 North Main Street, PO, Box 950, Mooresville, N.C. 28115-0950 • Telephone 704-663-1699 An Equal Opportunity Affirmative Action Employer Mr. E. Press Floyd Page Two May 4, 1987 requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per day per violation plus criminal penalties may be assessed for such violations. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page M-1 or I-1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, through cessation of the discharge, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, 2)(76" D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:se Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES E. COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT E R M I T 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, Phillips Pipe Line Company is hereby authorized to discharge wastewater from facilities located at the Charlotte Terminal northwest of Charlotte on NCSR 1759 Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall be effective This permit and the authorization to discharge shall expire at midnight on Signed this day of Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to operate a mud trap, oil/water separator and a wet well with two pumps located at the Charlotte Terminal, northwest of Charlotte on NCSR 1759 in Mecklenburg County (See Part III of this permit), and 2. Discharge from said treatment works into an unnamed tributary to Gum Branch which is classified Class "C" waters in the Catawba River Basin. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge through outfall 001 stormwater and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/ unloading areas, etc. Such discharges shall be limited and monitoring by the pe'rmittee as specified below: below. ffluent Characteristics Discharge Limitations Monitoring Requirements K /day (Ibs/da ) Other Units (Specify) *Measurement Sample **Sample Daily Avg. baily Max. Daily Avg. baily Max. Frequency Type Location Flow Weekly Instantaneous E Oil & Grease 30 mg/I 60 mg/I 2/MontO Grab E Phenols 2/Month Grab E * Monitoring will be conducted during normal working hours. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not discharged through any oil -water separator or other treatment equipment or facility. **Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s) : The nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. E - Effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Continued Permit No. NC0032891 F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. The daily average limitations for oil and grease stated in Part I., A. shall be deemed to have been exceeded if either: a. the arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee in accordance with the monitoring requirements set forth above exceeds 30 mg/1, or b. the analyses of any two representative grab samples taken by the State at least six hours apart during any consecutive thirty day period each individually exceeds 30.0 mg/1. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharges from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. No sample may be so excluded it if is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next ➢ischarge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily average" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. H . The "daily maximum" limitations for oil and grease stated in Part I., A. shall be deemed to have been exceeded if either: a. the arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee or by this State (a minimum of two samples taken at least six hours apart) in accordance with the monitoring requirements set forth. above exceeds 60.0 mg/1, or b. the analysis of a single sample (when it is the only one taken during the day by the permittee) exceeds 60.0 mg/l. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharges from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. No sample may be so Part III Continued Permit No. NC0032891 excluded it if is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part T., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily average" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. Other petroluem company officials have contended that, while the discharges from most of their marketing and bulk terminals are capable of meeting this "daily maximum" limitation as stated above, certain of their facilities cannot be so equipped to meet this limitation as stated above. If the permittee can present sufficient evidence to demonstrate that this facility cannot be so equipped, the State will modify this limitation to the extent needed (in no case to exceed 100.0 mg/1) to assure reasonable complicance with the "daily maximum" limitation. I. It is recognized that influent quality changes, equipment malfunction, or other circumstances may sometimes result in effluent concentrations exceeding the permit limitations despite the exercise of appropriate care and maintenance measures, and corrective measures by the permittee. The permittee may come forward to demonstrate to the State that such circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The State will consider such information in determining appropriate enforcement measures, if any, to be taken. d. A calendar day is defined as any consecutive 24 hour period. R. The "daily maximum" concentration is defined as the arithmetic average of one or more representative grab samples taken during any calendar day. Should effluent sampling be done on more than one calendar day during the month, the arithmetic average indicating the largest "daily maximum" concentration shall be reported on the Discharge Monitoring Report Form. Collection of representative samples shall be required during periods of discharges. Should there be no discharge during normal working hours, the permittee shall report "no discharge" for that reporting period. The reported flow shall be the arithmetic average of the total volume discharged on each of the sampling days during the reporting period. Flow may be calculated utilizing a flow recorder, rain gauge, or any other simliar device. N. In connection with submission of records and reports required under this permit, the permittee shall not be deemed to have waived such privilege against self-incrimination as may be offered under or by the Fifth Amendment of the United States' Constitution. WOW 1, t.erxr o :, Department o; ,Jut 25 AL James G. Martin, Governor S. Thomas Rhodes, Secretary State of North Carolina natural Resources and Community Development Division of Environmental Management h Salisbury Street • Raleigh, North Carolina 27611 Mr. B. F. Ballard Director Environmental Control 10 D4 Phillips Building Bartlesville, Ok 74004 Dear Mr. Ballard: July 21, 1986 SUBJECT: NPDES Per s NC0032883 Greensboro Terminal Guilford County NC0032875 Selma Terminal Johnston County R. Paul Wilms Director With reference to your letter of February 21, 1986, and July 3, 1986, the Division has reviewed our action concerning the subject permits. Based on this review, we are hereby modifying the subject permits to reflect the monitoring conditions required prior to the request for a name change. Upon expiration of the subject permits, the effluent monitoring requirements will be changed to reflect our current requirements. As you have observed, the Groundwater monitoring requirements is general in nature. This statement is standard boiler plate material since the State has now classified its groundwater. With reference to your questions regarding the requirement for a certified operator at these facilities. Please be advised that a certified operator is required, normally a Class 1. The old permits for the Charlotte and Selma terminal required a certified operator. The Greensboro terminal lists this requirement as "not applicable." Upon expiration of the Greensboro terminal permit, the new permit will require a certified operator. Mr. John Campbell, Operator Training and Certification Supervisor, can be contacted at 733-5083 concerning certification of the operators at the Charlotte and Selma terminals. Continued Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal opportunity Affirmative Action Employer Page Two Mr. B. F. Ballard July 21, 1986 Attached are the revised effluent sheets for the subject facilities. If you have any questions on this matter, please contact me at (919) 733-5083. Sincerely, Arthur Mouberry cc: Winston-Salem Regional Office Mooresville Regional Office Raleigh Regional Office Mr. John Campbell AM /gwt EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning the effective date and lasting through the term of this Permit, the Permittee is authorized to discharge storm water and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/unloading areas, etc. Such discharges shall be limited and monitored by the Permittee as specified below: ffluent Characteristics Flow M'/Day (MGD) ©i' crease Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Ot'.:.i Units (Specify) Measurement Sample SamplE ly Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Locatic Not to Exceed 30 mg/1 1/month Estimate 60 mg/1 1/month Grab This Permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not discharged through any oil/water separator or other treatment or facility. Sample taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): The nearest accessible point after finalltreatment but prior to actual discharge to or mixing with the receiving waters. Part III Permit No. NC 0032883 A. Previous Permits All previous State water quality permits issued to this facility. whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements. terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. B. Construction • No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to final plans and specifications have been .nade by the Division of Environmental Management within 60 days following acknowledgement that a complete set of final plans and specifications has been received. the plans may be considered approved and construction authorized. C. Certified Operator - N /A Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. The daily average limitations for oil and grease stated in Part I. A. above shall be deemed to have been exceeded if either: a. The arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee in accordance with the mon- itoring requirements set forth above exceeds 30 mg/1, or b. The analyses of any two representative grab samples lliD�tate at least six hours apart during any consecutive thirty individually exceed 30 mg/1. Each sample taken by either the permittee or the Stat be representative. However, due to the variability o and analysis of oil and grease discharge from petroleua2t the permittee may in good faith declare a maximum of 10'x'..of by it during a calendar year, but not more than one sample calendar month, to be non -representative. M15 & I12 RETURN i{ECEIPT REQUESTED State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary February 5 , 1986 Director Mr. B. F. Ballard, Director Environmental Control Phillips Petroleum Company 10 D4, Phillips Building Bartlesville, OK 74004 Subject: NPDES No. NC0032891 Phillips Pipe Line Company (formerly Phillips Petroleum Company) Mecklenburg County Dear Mr. Ballard: In accordance with your request received on January 6, 1986, we are forwarding herewith the subject permit now issued to Phillips Pipe Line Company. The changes in this permit are in name and ownership. This permit is issued pursuant to 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 any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification upon written demand to the Director within 3O days following receipt of this permit, identifying the specific issues to be contended. The filing of this request will not affect your right to request a hearing of these issues. Unless such demand is made, this permit shall be final and binding. If you have any questions concerning this permit .e ,.rP119., fact Mr. Dale Overcash at 919/733-5083. N"t`R AND cc: Mr. Jim Patrick. EPA Pollution Sincerely, R. Paul Wilms Pays 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMI T 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, Phillips Pipe Line Company is hereby authorized to discharge wastewater from a facility located at Charlotte Terminal Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall be effective February 5, 1986 This permit and the authorization to discharge shall expire at midnight on April 30, 1987 Signed this day of February 5, 1986 R. Paul Wilms, ➢irector Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Pipe Line Company is hereby authorized to: 1. Continue to operate a mud trap, oil/water separator and a wet well with two pumps located near Thrift in Mecklenburg County (Note Part III of this permit), and 2. Continue to discharge treated wastewater from said treatment works into an unnamed tributary to Gum Branch which is classified Class "C" waters in the Catawba River Basin. uen A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge through outfall 001 stormwater and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/ unloading areas, etc. Such discharges shall be limited and monitoring by the permittee as specified below: below. Characteristics Flow Oil & Grease Phenols Discharge Limitations Monitoring Requirements K /day (Ibs/day) Daily Avg. Daily Max. Other Units (Specify) Measurement Sample **Sample Daily Avg. Daily Max. Frequency Type Location Weekly Instantaneous E 30 mg/I 60 mg/1 2/Month Grab E 2/Month Grab E * Monitoring wilt be conducted during normal working hours. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commerciE activity and not discharged through any oil -water separator or other treatment equipment or facility. Samples taken in compliance with the monitoring requirements specified above shall be taken at the following locations): The nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. E - Effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. 1 -a Part Permit No. NC SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M 4 & I 4 Permit No. NC Act used herein means the Federal Water Pollution Control Act, As amended. DEM used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development "EMC" used herein means the North Carolina Environmental Management Commission. C. M©NIT©RING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during'the previous months) shall be summarized for each month and reported on a Monthly Monitoring` Report Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no. later than the 30th day following the completed reporting period. The first report is due on . The DEM may require reporting of additional monitoring results by written notification. Signed copies of theses and all other reports required herein, shall be submitted to the following address: Division of Environmental Water Quality Section Post Office Box 27687 Raleigh, North Carolina 3. Definitions Management 27611 a. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: I5 PART I Permit No. NC a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; d. The analytical techniques or methods used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4) Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained by the permittee for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. I6 PART II Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. .'. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M8&I7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of 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. . Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. I8 PART II Permit No. NC RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee°s premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership ofcilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be,forwarded to the Division of Environmental Management. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and ^. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M1O&I9 PART II Permit No. NC Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. 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 under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the reminder of this permit shall not be affected thereby. M 11 &I1© PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the pertnittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. Part III Permit No. NC A. Previous Fermi All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. B. Construction No construction of wastewater treatment facili+ies or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to final plans and specifications have been .nade by the Division of Environmental Management within 60 days following acknowledgement that a complete set of final plans and specifications has been received, the plans may be considered approved and construction authorized. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. The daily average limitations for oil and grease stated in Part I., A. above shall be deemed to have been exceeded if either: a. The arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee in accordance with the mon- itoring requirements set forth above exceeds 30 mg/1, or b. The analyses of any two representative grab samples taken by the State at least six hours apart during any consecutive thirty day periods each individually exceed 30 mg/1. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharge from petroleum marketing terminals the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. M15 & 112 Permit No. NC No sample may be so excluded if it is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily average" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. 2. The "daily maximum" limitation for oil and grease stated in Part I., A. shall be deemed to have been exceeded if either: a. The arithmetic average of the analyses of all representative samples taken during a calendar day by the permittee or by this State (a minimum of two samples taken at least six hours apart) in accordance with the monitoring requirements set forth above exceeds 60 mg/1; or b. The analysis of a single sample (when it is the only one taken during the day by the permittee) exceeds 60 mg/l. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharged from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, -but not more than one sample taken during any calendar month, to be non -representative. No sample may be so excluded if it is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with, the next Discharge Monitoring Report submitted in accordance with Part I., C., 2. of this permit, and must include the results of the analysis of the excluded sample, and a written explan- ation for the exclusion of that sample. If any sample is so excluded, the "daily maximum" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. Other Petroleum company officials have contended that, while the discharges from most of their marketing and bulk terminals are capable of meeting this "daily maximum" limitations as stated above, certain of their facilities cannot be so equipped to meet this limitation as stated above. If the permittee can present sufficient evidence to demonstrate that this facility cannot be so equipped, the State will modify this limitation to the extent needed (in no case to exceed 100 mg/1) to assure reasonable compliance with the "daily maximum" limitation. it It is recognized that influent quality changes, equipment malfunction, or other circumstances may sometimes result in effluent concentrations exceeding the permit limitations despite the exercise of appropriate care and ;maintenance measures, and corrective measures by the permittee. The permittee may come forward to demonstrate to the State that such circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The State will consider such information in determining appropriate enforcement measures, if any, to be taken. 4. A calendar day is defined as any consecutive 24-hour period. 5. The "daily maximum" concentration is defined as the arithmetic average of one or more representative grab samples taken during any calendar day. Should effluent sampling be done on more than one calendar day during the month, the arithmetic average indicating the largest "daily maximum" concentrations shall be reported on the N. C. Discharge Monitoring Report Form. 6. Collection of representative samples shall be required during periods of discharges. Should there be no discharge during normal working hours, the Permi•ttee shall report "No Discharge" for that reporting period. 7. The reported flow shall be the arithmetic average of the total volume discharged on each of the sampling days during the reporting period. Flow may be calculated utilizing a flow recorder, rain gauge, or any other similar device. 8. In connection with submission of records and reports required under this permit, the Permittee shall not be deemed to have waived such privilege against self-incrimination as may be offered under or by the Fifth Amendment of the United States Constitution. F ps Petrel �° C rsvilles OK " 4 Subjects P. Phil Meck NCl133ZS91 troleurn Company ug County th your appl f cation for disc! ding herewith the to the requi ndum of Ag vir ntal P tectf ern Agency if any ceptablo to you, you have ng offi cr upon written d pt of this Permit, t i denti "yi s such demand is made, this arga Permit subject State of North C rol between North Caro October 19, 197 Peron t. eras a limitations contained in this Permit re ght to an adjudlcatory hearing befo to the Director ithin 30 days following he specific issues to be contended. t shall be final and binding. sake notice that this Permit 1s not transferable. requl r ots to b follow , in case of change in owne hip or is disc his Permit does not of may be required by the y questions conoernlrr ne (919)733-S181. k, EPA anal Of Tonal Offic the legal requirement t sion of Environmental M s Permit, please cantac obta Sincerely yours. Original Signed By W. LEE FLEMING, JR., for Robert F. Helms Director r Permits If you Adkins, Permit No. NC0032891 (1� STATE OF NORTH CAROLINA ➢EPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PER M T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of No.*..h Carolina General Statute 143-215.1, other lawful standards and regulations promulated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Phillips Petroleum Company is hereby authorized to discharge wastewater from a facility located at Charlotte Terminal Mecklenburg County to receiving waters designated unnamed tributary to Gum Branch in the Catawba River Basin. in accordance with effluent limitations, mo conditions set forth in Parts I, II, and II on toring requirements, and other hereof. This permit shall become effective MAY 2 8 1982 This permit and the authorization to discharge shall expire at midnight APR 3 0 1287 Signed this day of MAY 2 8 1982 Original Signed By W. LEE FLEMING, JR., fo Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 Page of Permit No. NC0032891 SUPPLEMENT TO PERMIT COVER SHEET Phillips Petroleum Company is hereby authorized to: 1. Continue to operate a mud trap, oil/water separator, and a wet well with two pumps located near Thrift in Mecklenburg County (Note Part III, Condition No. E of this Permit), and 2. Continue to discharge treated wastewater from said treatment works into an unna ed tributary to Gum Branch which is classified Class A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS-_ Final During the period beginning the effective date and lasting through the term of this Permit, the Permittee is authorized to discharge storm water and contaminated wastewater originating from point sources including, but not limited to, bulk storage tank areas, product transfer areas, loading/unloading areas, etc. Such discharges shall be limited and monitored by the Permittee as specified below: (fluent Characteristics Dischar a%imitations Kg/day (lbs/day) Daily Avg. Daily Max. Flow M3/Day (MGD) Oil & Grease Other Units (Specify) Daily Avg. Daily Maxim Frequency oni torinc Re c ui Not to Exceed 30 mg/1 60 mg/1 Measurement Sample Type_ 1/month Estimate 1/month Grab This Permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not discharged through any oil/water separator or other treatment or facility. Sample taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): The nearest accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters. Sample Location z u -o cn) a -s r" r+ r� Part I Permit No. NC SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: NOT APPLICABLE 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 PART Permit No. NC Act used herein means the Federal Water Pollution Control Act, As amended. DEM used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no later than the 45th day followin the completed reporting period. The first report is due on AUG1 4 . The DEM may require reporting of additional monitoring results by written notification. Signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Water Quality Section Post Office Box 27687 Raleigh, North Carolina Definitions Management 27611 a. The "daily average discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum" discharge mans the total discharge by weight during any calendar day. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: I5 PART I Permit No. NC a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; d. The analytical techniques or methods used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4) Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained by the permittee. for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. I6 PART it Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M8&I7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of 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. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. I8 PART II Permit No. NC B. RESPONSIBLE 1. Right of Entry The permittee shall ailow the Director of the Division of Environmental Management, the Reg io al Administrator, and/or their authorized represen- tatives, upon the prcientatfons of credentials: a. The enter upon the perrnittee`s premises where an effluent source is' located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Owiership or Control This permit is not trans ferabl e. In the event of any change in control or ownership of "facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a peneit it the na e of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms *haa°C1 be available for public inspection at the offices of the Division of Environmental Management. As required by the Act effluent data shall not be considered confidential. Knowingly making any false statement ol any such report may result in the imposition of criminal penalties as provide for in N. C. 0. S. 143-215.6(b)(2) or in Section 309 of the Federa Act. 4. Permit Modification After notice and onoortunit, $ r a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and n. S. 143-21`.l(e) respectively, this permit may be modified, suspende o, or revoked in whole or in part during its term for cause including, i,ut rot limited to, the following: a. Violation of any tears or conditions of this permit; b. Obtainiro this permit by isrepr°esentation or failure to disclose fully 11 re i cvant facts or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 & 19 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypass (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 Ucf. 1319. 7. 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 under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. M 11 & 1 10 PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 PART III Page of Permit No. NC 0032891 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. Other Requirements 1. The "daily average" limitations for oil and grease stated in Part I.,A. above, shall be deemed to have been exceeded if either: a. The arithmetic average of the analyses of all representative samples taken during a calendar month by the permittee in accordance with the monitoring requirements set forth above exceeds 30 mg/1; or b. The analyses of any two representative grab samples taken by the State at least six (6) hours apart during any consecutive thirty. (30) day periods each individually exceed 30 mg/1. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharge from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non- representative. M 15 & I 12 Page of Perm -t No. NC 0032891 No sample may be so excluded if it is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part I.,C.,2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If auy sd-mple is so excluded, the "daily average" concentration shall be the arithmetic average, of the analyses of the remaining non -excluded samples. 2. The "daily maximum" limitation for oil and grease stated in Part L,A. shall be deemed to have been exceeded if either: a- The arithmetic average of the analyses of all represen ative samples taken during a calendar day by the permittee or by this State (a minimum of two samples taken at least six hours apart) in accordance with the monitoring requirements set forth above exceeds 60 mg/I; or b. The analysis of a single sample (when it is the only one taken during the day by the permittee) exceeds 60 mg/l. Each sample taken by either the permittee or the State shall be presumed to be representative. However, due to the variability of the sampling and analysis of oil and grease discharged from petroleum marketing terminals, the permittee may in good faith declare a maximum of 10% of the samples taken by it during a calendar year, but not more than one sample taken during any calendar month, to be non -representative. No sample may be so excluded if it is the only sample taken by the permittee during a calendar month. Such a declaration must be included in writing with the next Discharge Monitoring Report submitted in accordance with Part I.,C.,2. of this permit, and must include the results of the analysis of the excluded sample, and a written explanation for the exclusion of that sample. If any sample is so excluded, the "daily maximum" concentration shall be the arithmetic average of the analyses of the remaining non -excluded samples. Other petroleum company officials have contended that, while the discharges from most of their marketing and bulk terminals are capable of meeting this "daily maximum" limitation as stated above, certain of their facilities cannot be so equipped to meet this limitation. If the permittee can present sufficient evidence to demonstrate that this facility cannot be so equipped, the State will modify this limitation to the extent needed (in no case to exceed 100 mg/1) to assure reasonable compliance with the "daily maximum" limitation. PART III Cont. Page of Permit No. NC 0032891 It is recognized that influent quality changes, equipment malfunction, or other circumstances may sometimes result in effluent concentrations exceeding the permit limitations despite the excercise of appropriate care and maintenance measures, and corrective measures by the permittee. The pernittee may come forward to demonstrate to the State that such circumstances exist in any case where effluent concentrations exceed those set forth in this permit. The State will consider such information in deterntning appropriate enforcement measures, if any, to be taken. 4. A calendar day is defined as any consecutive 24-hour period. The "daily maximum" concentration is defined as the arithmetic average of one or more representative grab samples taken during any calendar day. Should effluent sampling be done on more than one calendar day during the month, the arithmetic average indicating the largest "daily maximum" concentrations shall be reported on the N. C. Discharge Monitoring Report Form. 6. Collection of representative samples shall be required during periods of discharges. Should there be no discharge during normal working hours, the Permittee shall report "No Discharge" for that reporting period. 7. The reported flow shall be the arithmetic average of the total volume discharged on each of the sampling days during the reporting period. Flow may be calculated utilizing a flow recorder, rain gauge, or any other similar, device. S, In connection with submission of records and reports required under this permit, the Permittee shall not be deemed to have waived such privilege against self-incrimination as may be offered under or by the Fifth Amendment of the United States Constitution. STAFF REPORT AND RECOMMENDATIONS INSPECT QNOF PROPOSED WASTEWATER TREATMENT PLA "` ITE Place visited: Phillips Petroleum Company Paw Creek, North Caroline Mecklenburg County Date: January 25, 1982 By: J. Thurman Horne, P. E 4. Person contacted: Mr. E Terminal Manager Directions to site: From the intersection of 4. C. Highway 27 and S. R. 1759, travel northwest on S. R. 1759 approximately 3.3 mile. Phillips Pipe Line Company is on the right (north) side of S. R. 1759. The bearing and distance to the proposed point of effluent discharge is: Longitude 80°56'20" and Latitude 35°17'10". 7. Size: There is adequate area for the continued opertlo: of the existing facilities. 8. Topography: Relatively flat; O 3 slopes. 9. Location of nearest dwelling: hone within 500 feet. 10. Receiving Stream: An unnamed tributary to Gum Branch (a) Classification: "C" (b) Mini m 7-Day, 10 Year discharge ;t s1te: Estimated 0.0 cfs (c) Usage: Fishing, secondary recron, agriculture, and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food -processing purposes. Part II DESCRIPTION lF EXISTING TREATMENT WORKS In the past year some modifications have been made to the wastewater treatment facilities described in the present NPDES Permit No. NC 0032d9 However, the point of discharge has not been changed. The existing wastewater treatment facilities consist of a mud trip. an oil/water separator, and a wet well with two (2) submersible pumps. Surface runoff and oil spillage from a truck loading zone flows into a mud trap, which collects debris and sediment. then to an oil/water separator. Oil is skinned off the surface and stored inan underground tank for reprocessing. Wastewater is drained from the bott of the tank into a wet well. From here it is pumped into a spill containment dike. Accumulated storm runoff and the wastewater pumped from the wet well is periodically drained from the dike, by opening adrain valve, and discharged to surface waters, ECOMMENDATIO A review of the Pe during the past nce with psent Permit. orted e: Past III - EVALUATION The facilities appear to be properly operatedesd Maintained. s recommended tit the NPDES Permit be issued as g uested *Nor-h Resou Caro oes Jar -es 3, Hunt, Jr., Go I'3N OF ENVIRON-MENTAL MAN, Mr. B. F. Ballard Phillips:Petroleum Company Bartlesville, Oklahoma 74Q04 no Deg:. rtmen of No Ural J I, 4 Dear Ba %t Developmen h W. Gr.imslev, Secretary ember 29, 1981 TM. MANAGU ENT NAL OFUEE SUBJECT: Appa-ion for v"PDES Permit Phillips Pipe Line Company MecklenburgCount v curents is hereby eering Propc�saT tfor proposed control facilities) Request for permit renewal Other If any of the items iisted'below are checked, the application received is incomplete and the indicated item(s) must be received before review can begin: Application Form (copies enclosed) Engineering Proposal (See (b) 1-5 on attached) Other application is e complete within thirty (30) days returned to you and may be resubmitted when complete. leis application has been assigned to_ (9197733-5181) of our Permits Unit for review andd preparation of a draft petit. Once the permit is drafted, publi^ notice,must be issued for forty-five (45) days prior to final action on. the issuance or denial of the permit- You will be ad- vised of any comments, recommendations, questions or other information necessary for the review of the application. Mr. David Adkins be I am, by copy of tnis letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. Mooresv l,le Sincerely, Lee Fleming, Jr., P.E. Branch Head -Permits b. Engin Water Quality Section regional Supervisor David. Adkins o Bo* 27687 Raleigh, North Carolina 27411 Branch 4n E.14,41iQ,port,reta° U,rmun Action Ems PHILLIPS PETROLEUM COMPANY BARTLESV4LLE.. OKLAHOMA 74004 PHONE 91E; 561-6600 CABLE CODE: PHLPETROL TELEX: 49-2455 CORPORATE ENGINEERING December. 14, 1981 NPDES Renewal A fpl:icat No. NC 0032891 Nr. Neil Grigg, Director North Carolina . vision of Environmental. , M.anageL: -nt P. O. Box 27687 Raleigh, NC 27611 Dear Mr. Gri7 PERM Enclosed is a completed NPDES permit renewal application for Phillips Pipe Line Company's Charlotte Terminal. Phillips Pipe Line Company is a wholly owned subsidiary of Phillips Petroleum Company. Phillips requests a waiver from all of the reporting requirements in Part A of the permit application form with the exception of flow. Phillips feels that the reporting of quantitative data for these pollutants is not appropriate for a facility of this type, which is exclusively involved with the storing and transferring of petroleum products. This argument is sup- ported by EPA's settlement of Texaco's Adjudicatory Hearing Request for Petroleum Marketing Terminals in 1976. In this settlement, EPA concluded that the major parameter of concern for petroleum marketing terminals is oil and grease and that monitoring for other parameters was generally in— appropri te. This argument is also supported by previously issued NPDES permits by the North Carolina Division of Environmental Management in which the only limited parameter was oil and grease. Since oil and grease is the only para- meter limited, in Charlotte Terminal's current NPDES permit, it is the only parameter for which data are available. In order to comply with the permit application requirements without the requested waiver, much analytical testing will be required to provide data of dubious value. Please note that the old Outfall 001 has been eliminated at Charlotte Terminal and that old 0utfalls 002 and 003 have been renumbered to 001 and 002, respectively. Stormwater from. the truck loading area is treated in a. mud trap and an oil/water separator and is now routed to the tank dike Area for Tanks 203 and 201 prior to discharge. Since the truck loading area runoff is now discharged to this tank dike, sampling and analysis will now be performed at the new Outfall 001 (old Outfall 002). Mr. Neil Gr' December 1. 1981 Discharge Outfall 002 (old outfall 003) is a valved drain outlet for the tank dike area for Tank 401. This outlet is occasionally used to drain rainwater which has accumulated inside the dike during excessive rain- fall. Since the draining of this water is performed in accordance with pro- cedures specified in the terminal's SPCC plan, this outfall was previously determined to not be subject to NPDES permitting requirements. For this reason, no analytical data were available or are presented for this outfall. Phillips would greatly appreciate the timely and favorable consideration of the requested waiver. It is felt that the granting of the waiver will re- sult in a permit that will continue to adequately protect the quality of the receiving waters. If there are any questions regarding this matter, please contact Jim enson at (918) 661-5640. uiy yours, B. F. Ballard, Director Environment Control F3FB/JPS/pkc Attachment PHILLIPS PETRVLEUM CO. CHARLOTTE TERMINAL MECKLEN®URG CO. NORTH CAROL I NA FEET 100 Z000 '000 Sheet / Of 1. TANK DIKE 3 STORMWATER RUNOFF FROM 1"RUCK LOADING STORMWATER DISCHARGE 002 OIL/WATER SEPARATOR I` TANK DIKE SLOP OIL BLENDED WITH PRODUCT DISCHARGE 001 0.0442 MGD (WHEN DISCHARGING) SCHEMATIC OF WATER FLOW CHARLOTTE TERMINAL PAW CREEK, MECKLENBERG CO., NC Mr. . `F. Ballard, Director Environment, Control Phillips Petroleum Company Bartlesville, Oklahoma 74004 October 13, 1977 Subject: Permit No. pC0032891 Phillips Petroleum Company Mecklenburg County Dear Mr. Sal and In accordance with your application for discharge Permit received August 9, 1976, we are forwarding herewith the subject State - NPDES. Permit. This Permit is issued pursunt to the requires+ants of North Carolina General Statutes 143-215.1 and the Memorandum of A+lre w nt between. North Carolina and the U. S. Environmental Protection Agency dated. October 19, 1975. If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the right to an adjudicatory hearing before a hearing officer upon written d and to the Director within 30 days following receipt of this Permit, identifying the specific issues to he contended. Unless such demand is made, this Permit shall be final and binding. Please take notice that this Permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This Permit, does not affect the legal requir n to obtain other Permits which may be required by the Division of Environmental Management. If you have any questions concerning this Permit, please contact us. Sincerely, ig+nat Signed by W, E. KNIGHT W. E. Knight Field Office ow, EPA Permit No. NC0032891 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Phillips Petroleum Company is hereby authorized to discharge wastewater fram a facility located at Charlotte Terminal Gaston County to receiving waters Gum Branch in accordance with effluent limitations, mo conditions set forth in Parts I, II, and II taring requirements, and other hereof. This permit shall become effective OCT 1 3 1977 This permit and the authorization to discharge shall expire at midnight on JUN 3 0 1982 Signed this day of OCT 1977 Original Signed by, W. E. KN1 GHT W. E. Knight, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 Page of Permit No. NC© 0 3 2 8 9 SUPPLEMENT TO PERMIT COVER SHEET The Phillips Petroleum Company Charlotte Terminal is hereby authorized to: Continue to operate a wastewater treatment facility consiting of a mud trap, oil/water separator, and holding pond, Make an outlet into Gum Branch located at SR 1769 in Mecklenburg County, North Carolina subject to Part III, of this Permit, and Discharge from said treatment works into Gum Branch (Catawba River Basin) which is Classified Class "C". w A. (1), EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date and lasting until exciration permittee is authorized to discharge from outfall(s) serial number(s) 001 Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow Oil and Grease *Sample Locations: I Discharge Limitations Monitoring Requirements kg/day (lbs/da,y) Daily Avg. Daily Max. nflue OtherUn Daily Avg. s (Specify) **Measurement Daily -Max. Frequency Sample Type * Sample Locatio 30 mg/1 6omg/1 Monthly Grab E - Effluent, U - Upstream, and D - Downstream **When the discharge of effluent is done only for an occasional day at irregular intervals the sampling and testing shall be done each day that the waste is released without regard to the monthly frequency required above. be less than standard units nor greater than standard units a monitored ate. There shall be no discharge of floating solids or visible foam in other than trace amounts. co Part I Page of Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: NOT APPL: LE 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 PART I Page of Permit No. NC Act used herein means the Federal Water Pollution Control Act, As amended. DEM used herein means the Division of Environmental Management of the Department of Natural and Economic Resources. "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous 1 month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, 1.2, and 1.3) postmarked no later than the 45th day following the completed reporting period. The first report is due on J i N 5 1973 . The DEM may require reporting of additional monitoring results by written notification. Signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 Definitions a. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: PART I Page of Permit No. NC a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; d. The analytical techniques or methods used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.2, and 1.3). Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained by the permittee for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. I6 PART II Page of Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M8&I7 PART II Page of Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any. facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of 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. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. I8 Page of Permit No. NC B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the im osition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2 or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M1O&I 9 PART II Page of Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. 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 under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. 10 PART II Page of Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 4• - H uti 0 cu -0 �c C 0 ea •r > r . 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U PART Place F PROPOSED STAFF PORT I? CO T T SITE. TER T Phillips Petrel(' Charlotte Teraina Date: August 23 1976 David T. A 4. Pe ; on Cent h cted: Mr. Ernest E. Rains, Superfrrtend nt Directions to Site: The Phillips Petroleum Company's Charlotte Te located on SR 1 759 north of NC 27 near Thrift, North Carolina. The Rearing and Distance to the Proposed Point of Effluent gischar applicable. The coordinates of the discharges ar : 35 17'G0" Size: any n Topograp y: Grassed area with dikes Location,: of Nearest 11in9: terminal vino Stream:ann assificatiofs: „ $ F'ishi: g, a; source of watnr sup es. PART Il DESCRIPTION OF EXISTI"C TRFAT ENT WORKS Is: lot �oSC' 0' ere is adequate area for the continued operation of the facility,nd onstruction that may be required. Si The factlities at the Phillips Petroleum Comp a mud trap, oil/separator, and settling basin field impounding devices hive manual inverts to been checked for signs of oil. The oil/water separator was wo with no oil being discharged to the PART III - EVALtJATI It is ha d RECOMENDATI©NS: d Phillips Petroleu or at the Charlotte pij y well and no probl the water quality c in the ed for accidental di e of product. n five hand SpCI feet of ifs age Xcept nary or fo bathing rocessing :harlotte "Terminal consists of nderflaw siphon. Two tank discharge rainwater after it has the t e of the y be issued. min . The ntici parted. s of Gum Branch. n keeping with oth aati on for the ofl/ y appears to cility is cap NPDES l ii PHILLIPS PETROLEUM COMPANY BARTLESVILLE, OKLAHOMA 74004 918 6W-It Pi Pi) Te August 2, 1976 Selina Te Mr. W. E. Knight (3) Director North Carolina Division of Environmental Man Box 27687 Raleigh, NC 27611 Dear Mr. Knight: cations Phillips Petroleum Company is submitting the attached NPDES permit applications for two Pb 11ips Pipe Line Company terminals (Charlotte Terminal and Greensboro Terminal) and for one Phillips Petroleum Company Terminal (Selma Terminal). It has been brought to our attention that NPDES permits may be needed for water drainage from diked storage areas. Previously, it was Phillips belief that this type of rainfall runoff discharge was exempt from NPDES permit requirements and, therefore, applications were not submit ted for the discharge points even though procedures for draining rainwater accumulated within the diked areas were addressed i.n the terminals' SPCC plans. In reviewing these terminals' wastewater handling and treatment systems, it was discovered that each terminal discharges stormwater runoff from the truck loading area after it has been treated in an oil/water separator. Philips regrets the delay in submitting these permit applications. Please direct all correspondence regarding the permit applications or permits to the undersigned. If there are any questions regarding the applications, please contact Ray Stall at (918) 661-4010. Very truly yours, B. F. Ballard, Director Environment Control BFB:mt Attachments North Carolina Dept. of Natural & Economic Resources ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C To be filed only by persons engaged in manufacturing and mining FOR AGENCY USE APPLICATION NUMBER DATE RECEIVED YEAR Do not attempt to complete this form before reading accompanying instructions Please print or type 1. Name, address, location, and telephone number of facility producing discharge A. Name Phillips Pipe Line Company — Charlotte Terminal 2. SIC (Leave blank) 3. Number of employees B. Mailing address 1. Street address P. O. Box 66 2. City Paw Creek 3. State NC 4. County Mecklenberg 5. up 2813O C. Location: 1. Street Sadler Road 2. City Paw Creek 3. County Mecklenberg 4. State NC D. Telephone Non 7O4 399-6327 Area Code 4 DAY If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here © and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form, A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State 6. ZIP Refined Petroleum Products 5. 73 Principal product, ©raw material (Check one) 6. Principal process Receipt, Storage and Shipment of Refiners Petroleum Products 7. Maximum amount of principal product produced or raw material consumed per (Check one) (1) Basis Amount 1-99 (1) 100-199 (2) 200-499 (3) 500-999 ) 1000- 4999 (5) 5000- 9999 (6) 10,000- 49.999 (7) 50,000 or more (8) A. Day B, Month C. Year 8. Maximum amount of in item 7, above, A.0 pounds F.o gallons principal product produced or raw material consumed, reported is measured in (Check one): B.©tons C.cibarrels D.obushels E. CI square feet G.0 pieces or units H.0 other, specify 9. (a) Check here if discharge occurs all year Z,1 , or (Intermittent Discharge) (b) Check the month(s) discharge occurs: 1.0 January 2.0 February 3. o March 4.0 Apri 1 5.0 May 6, 0 June 7.0 July 8.0 August 9.0 September 10.0 October 11.0November (c) Check how many days per week: 1.01 2.0 2-3 3.04-5 4.06-7 10. Types of waste water discharged to surface waters only (check as applicable) Discharge per operating day A. Sanitary, daily average B. Cooling water, etc, daily average C. Process water, daily average (2) D. Maximum per operat- ing day for total discharge (all types) 0.1-999 (1) Flow, operating gallons per day 1000-4999 (2) 5000-9999 (3) 11. If any of the three types of waste identified in ite are discharged to places other than surface waters, check below as applicable. 10,000- 49,999 (4) 50,000- or more (5) None (6) 12.0 December Volume treated before discharging (percent) 0.1- 29.9 (7) either treated or untreated, 30- 64.9 (8) 65- 94.9 (9) 95- 100 (10) Waste water is discharged to: A. Municipal sewer system B. Underground well C. septic tank D. Evaporation lagoon or pond E. Other, specify 0.1-999 (1) 12. Number of separate discharge points: A.o 1 Average flow, gallons per operating day 1000-4999 (2) 5000-9999 (3) 10,000-49.999 (4) 50,000 or more (5) B.tS2-3 C.04-5 D.06 or more (See attached drawing) 13. Name of receiving water or waters V ) 14. Does your discharge contain or is it possible one or more of the following substances added activities, or processes: ammonia, cyanide, al chromium, copper. lead, mercury, nickel, selen grease, and chlorine (residual). A.Ziyes for your discharge to contain as a result of your operations, uminum, beryllium, cadmium, ium, zinc, phenols, oil and 0.0 no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. 1. B. Taylor Printed Name of Person Signing AooGusr 3 Iq ? 4, President,/Phi Y' i ps Pipe .Line Company Title Date Application Signed Signature of Applicant''`e North Carolina General Statute 143-215.6(b')(2 provides that: Any person who knowingly any false statement representation, or certification in any application, record, report or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 100I provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) es n Attachment To Environmental Management Commission National Pollutant Discharge Elimination System Application for Permit to Discharge — Short Form C Footnote No. (1) Yearly Through —put: 1,570,000 Barrels (2) Intermittent discharge consisting of truck loading area stormwater runoff, tank water bottoms and rain accumulation inside the diked storage area. Tank dike drainage to Gum Branch Creek then to Long Creek. Oil/water separator effluent to Long Creek. Phillips Pipe Line Company Charlotte Terminal Description of Wastewater Treatment System Stormwater from the truck loading area is contained and is treated in a mud trap and an oil water separator. Separator effluent flows through a catch basin prior to discharge. Recovered product is re— turned to storage. The product storage area is diked to provide adequate spill protection. Each diked storage area is equipped with valved outlets. Water from Tank 301 and Tank 202 storage area drains into the Tank 203 and Tank 201 area. The valved outlets for the storage areas for Tank 401 and for Tank 203 and Tank 201 are kept locked. If sufficient water ac— cumulates within these diked areas, the water is checked for oil and, if none is present, the water is drained. The draining of water from these diked storage areas is performed in accordance with procedures specified in the terminal's SPCC plan. LZ&NZ A .a u n a ITA RcvrAtt.w EE `R 4CE Ct 401 GENE iA OYES 333 =14..,,. Arc 3.33i33333 i. 4. ,Awaa.a. 3x„3,33 "'Nam» 3,33m33,333, AAA. BPS CAA,iAAA,;4 N,dx"e'm '3 ''.w A. n$ a"` ,,., 7, TS.T TO V nA At. .",.k.;.' 7 A,77, T.- > t ••ytN OP al Tact. i. Efi ^rYu`.acr. N.M L`AZ, ,: rig", CO 47. BAZsarwcac-I c.k, t,,AV,,. Tcr FAZ, T. 773.7 ilrs Ciww.Z.77Z LnC,S.a,gvti:ra rr,17,7, ,AA "u B.="u::AA rem Ft441...Fs`Am Pf., :. Ad 'r^1A57., evb `'x•. s�,cC Ca.. ,.;2�.„F.. iza Cc,wtce,,n,4,.e. Vu t,.S.4 (;)}Gr .w+c; ";.< .c:r¢ ryw ix.. t'�4 Lea>s tmtlik,x, C4,4F'.vCT Low33. P a'101, Cart ri.. <. CE.5-250t,53,t, 133i<,,.aj CO,AP tt74t, arna CAaaa. 3, i"x7 To Stir,e.,eT,o.*a Cmr T CoAAPP.A. a. (3 .0 tcn RocRoti3, F'uau Tk., ,.. _ . N 44, , BtAAAZZ r., P..'oa7.1S1`7,5 at`..., BAF BZZLA B ,7 „7,,,1Arts sa ^w.,".r,a..r ,cs N,z t,72ai3 5fd,.3. 5, r.r3 t"..T'.�:r ta, MC-7 arantx" 13 3f ,,e.;.*?a Y. -?'o .; _t,, •: *s a. -:a:,.. 334.3 1' .em`N e`rx: ,'7V.AA. T*'F-Sh! ,33, wu=n C13. L 0.532 ra-44) , it, AN? Tr, ctn. P` ,.., 5,3,55 h,, :.._._ L `-d. r r, 5..e, PI .A, .0 MATERIAL. REQUIRE E I ATE!) U,k .L.'T. 33 Pt, tit', ku 4xS:....7,7i> 2EhIGE DRAWINGS t�ECC C,KIAr4' SCALE K