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NC0074705_Regional Office Historical File Pre 2018 (2)
NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Melanie Little, VP, Operations Magellan. Terminals Holdings, L.P. One Williams Center MD 27 Tulsa, OK 74172 Dear Ms. Little: July 27, 2015 Donald R. van der Vaart Secretary RECEIVED/NCDENR/DWR AUG 1 7 2015 WQROS MOORESVILLE REGIONAL OFFICE Subject: Issuance of NPDES Permit NC0074705 Magellan Terminals Holdings, L.P. Charlotte I Terminal 7145 Old Mount Holly Rd, Charlotte 2821 Mecklenburg County The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 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. The Division understands that you have made no significant changes to your .facility the last permit renewal. We have made the following updates to your previous permit: • added updates to facility map, outfall locations and parameter codes • added Monthly Average Limit of 30.0 mg/L for Total Suspended Solids (TSS) • for Oil & Grease, please note that [00556] remains the same for submitting .DMR/eDMR, but use test EPA method 1664 (SGT-HEM) with results in mg/L. Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit. [See Special Condition A. (4.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal_ncdenr. org/web/wq/admin/bog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492JCustomer Service: 1-877-623-6748 Internet:: www.ncwater,orq An Equal OpportunitylAffirmative Action Employer Ms. Little July 27, 2015 Page 2 of 2 http: //www2. epa. gov/compliance/proposed-npdes-electronic-reporting-rule. If any parts, measurement frequencies, or sampling requirements contained in this pennit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. S. Jay Zimmer`rnan, Acting Director Division of Water Resources, NCDENR Enclosure: NPDES Permit NC0074705 (Issuance Final) hc: Central Files ec: Richard Farmer [Richard.farmer@mecklenburgcountync.gov] Aquatic Toxicology Unit/ Susan Meadows [susan.meadows@ncdenr.gov] Joshua McDorman, Magellan Terminals Holdings, L.P. [Joshua.McDorman@magellanlp.com Rachelle Busser, Leggette, Brashears & Graham, Inc. [rachelle.busser@lbgmn.com] Permit NC0074705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY P :RMIT 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, Magellan Terminals Holdings, L.P. is hereby authorized to discharge wastewater from outfalls located at the Magellan Terminals Holdings, L.P. Charlotte I Terminal 7145 Old Mount Holy Road, Charlotte 28214 Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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, 2015. This permit and authorization to discharge shall expire at midnight on June 30, 2020. Signed this day July 27, 2015. S. Jay thmerman, Director Divi.s n of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Pennit NC0074705 SUPPLEMENT TO PERMIT COVER S l ET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Magellan Terminals Holdings, L.P. is hereby authorized: continue to operate a Surface -Water Pollution Prevention System for stoiutwater/city water in proximity to above -ground storage tanks (ASTs), surface bulk -storage in excess of one million gallons of petroleum hydrocarbon fuels and ethanol, and fuel -truck loading racks, utilizing oil/water separator (truck -loading rack) carbon filter (truck -loading rack) wastewater tank (truck -loading rack) diked areas (secondary containment for ASTs) with discharge valves (hand -operated, normally closed) discharging stormwater/city water used for washing and/or hydrostatic testing] ethanol offloading facilities with automated drainage -containment system located at the Charlotte I Terminal, 7145 Old Mount Holy Road, Charlotte 28214, Mecklenburg County, and 2. to discharge from, said treatment facility through Outfall 001 at a specified location (see attached map) into an unnamed tributary to Paw Creek [stream segment 11-124], currently classified. C waters within subbasin 03-08-34 [HUC: 03050101], in the Catawba River Basin. Page 2 of 7 Permit NC0074705 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is authorized to discharge treated stormwater from otitfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes [50050] Flow 2 [00530] TotalSuspended Solids [00556] Oil and Grease (mg/L) [EPA Method 1664 SGT-HEM] [00070] Turbidity [34030] Benzene 4 [34010] Toluene 4 [34371] Ethyl Benzene 4 [81551] xyiene 4 [34696] Naphthalene 4 [TAE6C] Acute Toxicity 5 IMITS Mon thi Average 30.0 mg/L maxpay irriiiuin 45.0 mg/L 50 NTH MONITORING RE easurement Frequency Episodic Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Annually UIREMENTS sample Type 2 Grab Grab Grab Grab Grab Grab Grab Grab Grab ample Location Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent E. u Footnotes: No later than 270 days from the effective date of this perrnit, the permittee shall begin submitting -discharge monitoring reports electronically using the Division's eDMR application system [see A. (4.)]. 2. How 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 (via flow meter, totalizer preferred); b) calculate flow (see Rational Equation) based on total rainfall per unit area draining to the outfall [see A. (3.)]; c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 3 Turbidity — Effluent shall not cause receiving stream turbidity to exceed 50 NTU. if receiving - stream background exceeds 50 NTIJ, the effluent shall not increase background levels. Non- compliance with this Standard may require additional. stream monitoring and a Turbidity Corrective Action Plan (TCAP). 4. This sample to be collected concurrently with Acute Toxicity. 5. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Section A. (2.)]. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. • Following hydrostatic tank or pipe testing, the Permittee shall discharge no wastes containing benzene concentrations greater than 74.1 pg/L, or toluene concentrations greater than 11 fig/L. Page 3 of 7 Permit NC0074705 A. (2.) ACUTE TOXICITY MONITORING (ANNUAL) [15A NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests on an annual basis using protocols defined as definitive in EPA Document EPA-821-R-02-012 entitled "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pirnephales promelas) 24 hour static test. Effluent samples for sell -monitoring purposes must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all waste treatment processes. The parameter code for Pimephales promelas 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, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete 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 Resources 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. Page 4 of 7 Permit NC0074705 A. (3.) FLOW MEASUREMENT RATIONAL [G.S. 143-215.1(b)] The Rational Equation: Q=KuCIA, 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 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 mrn/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. Page 5 of 7 Permit NC0074705 A. (4.) ELECTRONIC REPORTING OF DISCHARGE M©NIT©RING REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then pennittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions jbr NPDES Permits): Section B. (11.) Section D. (2.) Section D. (6.) Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports Reporting [Supersedes Section 0. (2.) and Section E. (5.) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation. (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a pennittee is unable to use the eDMR. system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted Page 6 of 7 Permit NC0074705 electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htt :// ortal.ncdenr.o eb/w /admin/bo u/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.orgiweb adn bo /ednir Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certj), 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 tny 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. am aware that there are significant penalties for submitting false in brmation„ including the possibility offines and imprisonment for knowing violations." 3. Records Retention [Supplements Section D. (6.)I The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 Magellan Terminals Holdings, LP Charlotte I Terminal 7145 Mount Holly Road, Charlotte 28214 Receivint+ Stream: UT to Paw Creek Stream Class: C Stream Segment: 11-124 Sub -Basin: 03-08-34 Drainage Basin: Catawba IIUC: 030501011404 Latitude: 36° 16' 45" Longitude: 8o° 51' 30" State Grid/USGS Quad: F15S W / Mount Island Lake, NC NPDES Permit NC0074705 Mecklenburg County NPDES Permit Standard Conditions Page 1 of 18 PART 11 STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/M.onth. Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples arc collected three times .per week on three separate calendar days. These samples shallbe 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 C A , as arnendcd, 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 colifbrm, 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 treatme.nt 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: januarythrough 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 in„L in such a manner as to result in a total sample representative of th.e 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 autotnatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset. number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11/09/2011.1 NPD68Permit Standard Conditions' Page 2of|0 (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 nonx6od coquinou prior approval by the Director. This method may only bo used insituations where effluent flow rates vary less than |5 percent. The following restrictions also apply: � Influent and effluent grab samples shall boofequal size and o[nnless than 100mi||iUtcm Influent samples shall not bccollected more than once per hour. � Puonittocn with wastewater treatment systems whose detention time <24hours shall collect effluent grab xxmpicm at intervals of no greater than 20 oiox}nn apart during any 24'6ourperiod. Permittees with wastewater treatment systems whose detention tirne exceeds 24 hours shall collect Ct'flUent grab samples at least every six hours; there must be a minimum offour 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 hc monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities onthe flow device. The discharge o[upollutant measured during ucalendar day many 24-hour periodthat reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge"ixodoukuedas the total mass ofthe pollutant discharged over the day. For pollutants expressed ioother units o[measurement, the "daily discharge" is calculated as the average measurement of the Pollutant over the day. (40 CFR 122.2; see also "Composite 8amp|e,^ubovuJ Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled out o[every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other dismptions ofnormal operations prevent weekday sampling. If sampling is required for all seven days of the weckfor any permit parameter(s), that ruqubuucm,will bcmonoted oothe Effluent Limitations and Monitoring Pogo(s). DWK or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. O[Buuni Wastewater discharged following all treatment processes from a water pollution control facility or other point Source whether treated oruntreated. 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 pennit. Completion of facility Closure will allow this pen -nit tohurescinded. Geometric Mean The Nth root o[the product ufthe individual values where N = the number ofindividual values, For purposes of calculating the geometric rrican, values of "0" (or"< [detection level]") shall be considered = 1. Grab Sample Individual ouoop|co of at |ouyi 100 nol.collected over period oitime not exceeding 15 minutes. Groh man,p|eu can be collected manually. Grub samples must berepresentative o[the discharge (or the receiving stream, 5orinotrounn samples). Version 1110912011.1 NPDFS Permit Standard Conditions Page 3 of 18 I1.azardous Substance Any substance designated under 40 CFR Part 11.6 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for theflow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average, (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Perini ttee 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 (conccntrati,onlimit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section. B. General Conditions 1. Du.ty 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. Th.e 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 est.a.blish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been mod.itied to incorporate the requirement. b. The CWA provides that any person who violates section[s] 30:1., 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 1.22.41(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 requ.iremcnt imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011,1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(I) and 40 CFR 122.41. (a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both, In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] 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 endan.gernent 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 detined 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. 1.22.41.(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 pei mit. [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 1 violations are not to exceed $16,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class .11. penalty not to exceed $1.77,500. [33 USC 131.9(g)(2) and 40 CFR 1.22.41(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 ofadversely 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 11..C.4), "Upsets'" (Part 11.C.5) and "Power Failures" (Part 11.C.7), nothing in this permit shall he 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 131.9. 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. g. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 5 of 18 7, Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 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 d.etennine 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 1.2,2.41(h)]. 9. Du o Rea.1 If the. Pennittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittec must apply for and obtain a new permit [40 CFR.. 1.22.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to 'receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 1.80 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing pemnt.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least .1.80 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 1.80 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 pe.nnit applications shall be signed as follows: (1) For a cotporation: by a responsible corporate officer. For the purpose ofthis Section, a respon.sible 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 tenn 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) Theauthorization 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 thc position ofplant 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 11/09/2011.1 NPDES Permit Standard Conditions' Page 6 of 18 c. Changes to authorization: Ifan 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 ofparagraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OMER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnefproperly gather and evaluate the information submitted Based on my inanity of the person or persons who manage the system, or those persons directly responsible for gathering the infirmation, the information submitted is, to the best ofmy knowledge and belief true, accurate,, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisontnent for knowing violations." 1.2. 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(0]. 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 1.5A of the North Carolina Administrative Code, Subchapter 0211..01.00; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Pennittee 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 0211 .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and 'Maintenance of Pollution Controls Certified Operator Owners of classified water pollution control systems tnust designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade fbr the system, and, for each classification must [1715A NCAC 08G.0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no .more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and e. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in .Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (.1.) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ).>. a vacancy in the position of Operator in .Responsible Charge (ORC) Or Back-up Operator in Responsible Charge (Back-up ORC). Version 11/09/2011,1 NPDES Permit Standard Conditions Page 7 of 1.8 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class 1 facility (or the Back-up ORC, when acting as surrogate for the ORC) must: Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment. facility must be visited at least weekly Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, IIl and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: Visit the facility as often as is necessary to insure proper operation of th.e treatment system; the treatment facility must be visited at least five days per week, cx.cluding holidays Y Properly manage and document daily operation and maintenance of the facility Y Comply with all other conditions of 1 5A NCAC 08G .0204. 2. Proper Operation and Ntaintenance- 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 Pennittee 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 Pennittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 1.22.41(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 th.e Pennittee's staff. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the pen -flitted activity in order to maintain compliance with th.e condition of this permit [40 CFR 122.41(c)]r 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 th.c provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows i 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 shalt submit notice; of an unanticipated bypass as required in Part 11_E.6. (24-hour notice). e. Prohibition of Bypass (I) Bypass from the treatment facility is prohibited and the .Pen rtit Issuing Authority may take enforcement action against a Pennittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the 'bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal. periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a .Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011.1 NPDES Permit Standard Conditions' Page 8 of 18 ;3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5, Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and 'before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Pennittee 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 Permittce facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part 11.E.6.(b) of this peanut. (4) The Permittee complied with any remedial measures required under Part 11.B.2. of this permit. c. Burden of proof [40 CFR. 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an ups has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Pennittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR. Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge u.se or disposal practices. 7, Power Failures The Permittee is .responsible for maintaining adequate safeguards (as required by 15A NCAC 0214 .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitorina and Records I. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified. in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 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. facility, on the last day of the month following the commencement of discharge. Duplicate s. and all other reports required herein, shall be submitted to the following address: case of a new ed copies of these, Version 11/09/2011.1 NPDES Permit Standard Conditions Page 9of18 NC DENR / Division of Water Resources / Water Quality .Permitting Section ATTENTION: Central Files 1.617 Mail Service Center Raleigh, North Carolina 27699-161.7 3. Flow Measurements Appropriate- flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of .measuring flows with a maximum deviation of less than 10f/© from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall he 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 1 of this permit and based on the manufacturer's pump curves shall not be subject to this requirrement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Peimittees should contact the Division's Laboratory Certification Section (91.9 733-3908 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 confor n to the EMC regulations (published pursuant to NCGS 143-21.5.63 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 1.36, unless otherwise specified in 40 C.FR 503, unless other test procedures have been specified in this perniit [40 CFR. 1.22.41 ]. 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 he 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 ofa 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 th,e .Pennittce'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 Pcrmittee 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 Y copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011.1 NPD28Pen-nit Standard Conditions' Page lOofl8 7. Recording Results For each measurement msample taken pursuant to the requirements n[tNepermi\,dePcrmitteex6uDnzmdthu following information [40CyR|224|]: u. The date, exact place, and time ufsampling ormeasurements; h. The bodividuv\(m)who pmr6onnodthe sampling urmeasurements; c. The dute(x)analyses were per6onnod; d. The individuuKm)who performed the analyses; c. The analytical techniques ormethods used,; and [ The results u[such analyses. 0. Inspection and Entry The 9onoiKec ahuU allow the 0zcotoz, or an authorized reprcmcoiudvn (including an authorized contractor acting us u representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; u. Enter, at reasonable times, upon the Pcnnittee'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 utreasonable times any facilities, equipment (including monitoring and control oguipnouoU,practices, or operations regulated or required under this permit; and d. Sample ormonitor nt rcuuonuh|e kmoo, for the purposes o[assuring permit compliance or as nt6cnviac authorized hythe CVV/\,any substances nrparameters uiany location [4OCF& 122.41(i)]. Section Reporting Requirements i Change inDischarge All discharges authorized herein shall be consistent with the tenns 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 uviolation ofthe permit. 2. Planned Chmngos The Pormi/iunshall give notice iothe Director axsoon uxpossible n[any planned physical alterations oradditions tuthe permitted facility [4UCFR|22.4l(|)].Notice iurequired only when: u The alteration or addition to a permitted Facility may meet one of the criteria for new sources at 40 CFR 12229(b);or b� The alteration or addition Could significantly change the nature or increase the quantity of pollutants discharged, This nmbficu|iunapplies topollutants subject neither k/effluent limitations iuthe permit, nor to notification roguircmcntounder 4OCFK\22.42(u)(l);ur c. The alteration oraddition results /nosignificant change iuthe Pemoince`nsludge use nrdisposal practices, and such alteration, addition orchange nuuyjoah[ythe application ofpermit conditions that are different from or absent in the existing perrnit, 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. Andcipu(od��muconq�\ioocc The 9cnoittccshall give advance notice tnthe Director o[any planned changes iothe pcnnittodfacility nrother activities that might result innoncompliance with the pcnnd[4OCPR 122.41(|)(2)]. 4. Tramfcm This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 4OCFi{l22.6|.]hcD(rcc¢vmay condition approval inaccordance with NCGSl43'2)5.l,in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and rciSSUance of the permit, or uminor modification, to identify the new pccnod|co and incorporate such o<bmrn:quincnucnio as may be necessary Version 1110912011,1 NPDES Permit Standard Conditions Page 11. of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(44 a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 1.11/2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Pennittce monitors any pollutant more frequently than required. by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall' be included in the calculation and reporting of the data submitted on the 1)M R. 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 he provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -ease 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 (9'19) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of non.cornpliance not reported under Part 11.E,5 and 6. ofthis pennit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11.E.6. of this permit [40 CFR 1.22.41(1)(7)]. 8. Other Information Where the Pennittce 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 [4O CFR 122.41(1)(8)]. 9. Noncompliance Notification The Pennittce shall report by telephone to either the central office or th.e appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a, Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a 'by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for enunicipalities in Part IV.C.2.c. of this permit, 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terns shall he 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- 21.5.1(b)('2) or in Section 309 of the Federal Act. Version 11/09/2011.1 NPDES Permit Standard Conditions` Page 12 of 18 1 l ..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 ]. 1.2. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served. by the Peimittce (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal. year, depending upon which annual period is used for evaluation, The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permg Sect ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699 1617 Version 11/09/2011.1 NPDES Permit Standard Conditions Page 13 of 1.8 PART 111 OTHER REQUIREMENTS Section A. Construction a, The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity,, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is ex.ernpted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 1.43-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. e. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Perm:ittee 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 Permitter 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 ag/L); (2) Two hundred micrograms per liter (200 ag/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ag/L) for 2,4-dinitropheno'l and for 2-methy1-4,6-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 pennit, 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 (I mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in tl e permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by' this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This penult cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011.1 NPDES Permit Standard Conditions' Page 1.4 of.18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the .following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA.. [40 CFR 403.3 (i) and (j) and 15A. NCAC 02H .0903(b)(1 1)] Interference inhibition or disruption of the POTW .treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement, of the Pennittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and .Federal statutes, regulations, or permits. [15A NCAC 021-1. .0903(b)(14)] Pass Through A discharge which exits the POTW into waters ofthc State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collectionsystem, or non -discharge permit. [15A. NCAC 02H .0903(b)(23)1 Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 ofthe CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal. sewage or industrial wastes of a liquid nature. It also includes th.e collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of .the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "S11.1" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02.H .0903(b)(33)]: 1. ,Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler hlowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more ofthe NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD. TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403,6 and 40 CFR Parts 405-471.; or 4. Is designated as such by the .Pen-nittee on the basis that the industrial User has a .reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial. User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant industrial User (Si.)); or 6. Subject to approval under 15.A. NCAC 0211 .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial. User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/20111 NPDES Permit Standard Conditions Page 15 of 1. All POTWs must provide adequate notice to the Director of the following{40 CFR 122.42(b)]: I. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly 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 paragrap.h, 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. M.unicipal Control of Pollutants from Industrial Users. I. Effluent limitations are listed in Part .1. of this permit. Other pollutants attributable to inputs from industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction ofpollutants or discharges into the waste treatmentsystem or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 0211 .0900 and 40 CFR 403. [40 CFR 403.5(a)(1 )] b. The Permittee shall develop and enforce their .Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 1.40 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.2.1.; (2) .Pollutants which cause corrosive structural damage to the POTW, but in no ease 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 a.nd/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; .Pollutants which result in the presence oftoxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or Any trucked or hauled pollutants, except at discharge points designated by the POTW. (3) (7) (8) (5) 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 disch.arge, the investigationinto possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent -reoccurrence of the noncompliance, Version 11/09/2011.1 NPDES Permit Standard Conditions.'" Page 16 of 1.8 3. 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 Pennittee with all applicable effluent limitations. Such actions by the Pen-nittee may he necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittec shall require any Industrial User (.1U) discharging to th.c POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (S.I.U), the Pe.miittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program., for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.44(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(1.4) and implementing regulations I.5A NCAC 0211 .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.44()(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, I5A NCAC 0211 .0900, and the legal authorities, policies, procedures, and financial provisions contained in. its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 1.5A NCAC 02H...0903 and 40 CFR 403.3. I. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. LISA NCAC 02.H..0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(1)(1) and 403.9(b)(1) and (2)] 2..Industrial Waste Survey (IWS) The Permittee shall implement. an IWS consisting of the survey of users ofthe POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 0211 .0905 [also 40 CFR 1.22.44(j)(I.)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the .POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Pennittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Pennittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The 1WS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A. NCAC 0211 .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(0(2) and 403.9] 3. Monitoring Plan The Pennittee shall implement a Division -approved Monitoring Plan for the collectionof facility specific data to he used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts .1.I.D and 1.1..E.5.). [15.A. NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The .Pennittee 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 IIWA or documentation of why one is not needed) [40 CFR 122.44]. The 'Pennittee shall develop, in accordance with 40 CFR 403.5(c) and 1.5A NCA.0 0211 .0909, specific Local Limits to implement the prohibitions listed in 40 C.FR. 403.5(a) and (b) and I5A NCAC 02111.0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011,1 44 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 1, 2011 Chris M. Nelson, Environmental Specialist Magellan Midstream Partners, LP PO Box 22186, MD 27-3 Tulsa, OK 74121-2186 Subject: Dee Freeman Secretary RECEIVED DIVISION OF WATER DUALITY 1 sv�t� SECT"iON MOORESVILLE REGIONAL OFFICE Issuance of NPDES Permit NC0074705 — Grade I Magellan Terminals Holdings - Charlotte I Terminal 7145 Old. Mount Holly Road, Paw Creek Mecklenburg County Dear Mr. Nelson: The Division of Water Quality (the Division) hereby issues this final permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. The Division has made minimal changes to your previous permit, based on your application and our review of your monitoring data through the previous permitting cycle. At your request we have revised the permit Supplement to Cover Sheet to reflect facilities for ethanol, newly added. For consistency, we have edited this text to reflect similar facilities statewide. You may also find receiving -stream segment numbers and subbasin numbers likewise added to this page. 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 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 must be filed 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 modification, or revocation and re -issuance of this permit. Please notice 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 Mall 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 One NorthCarolina Naturally If you have questions, or if we can be of further service, please contact. Joe R. Corporon, LG at [joe.corporon cJncdenr.gov] or call (919) 807-6394. Respectfully, Coleen H. Sullins Enclosure: NPDES Permit NC00-74705 (FINAL) hc: Central Files ec: 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-d492\ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer N©rthCarolina Naturally Permit NC0074705 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 (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, Magellan Terminals Holdings, L.P. is hereby authorized to discharge wastewater from outfalls located at the Magellan Terminals Holdings, L.P. Charlotte I Terminal 7145 Old Mount Holy Road, Paw Creek Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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 March 1, 2011 This permit and authorization to discharge shall expire at midnight on June 30, 2015. Signed this day February 1, 2011 C"een H. Sullins, Direct() Division of Water Quality By Authority of the Environmental Management Commission Permit NC0074705 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Magellan Terminals Holdings, L.P. is hereby authorized: continue to operate a Surface -Water Pollution Prevention System for stoiinwater/city water in proximity to above -ground storage tanks (ASTs), surface bulk -storage in excess of one million gallons of petroleum hydrocarbon fuels and ethanol, and fuel -truck loading racks, utilizing +� oil/water separator (truck -loading rack) • carbon filter (truck -loading rack) * wastewater tank (truck -loading rack) • diked areas (secondary containment for ASTs) with discharge valves (hand -operated, normally closed) discharging stormwater/city water used for washing and/or hydrostatic testing] + ethanol offloading facilities with automated drainage -containment system located at the Charlotte I Terminal, 7145 Old Mount Holy Road, Paw Creek, Mecklenburg County, and 2. to discharge from said treatment facility through ©utfall 001 at a specified location (see attached map) into an unnamed tributary to Paw Creek [stream segment 11-124], currently classified C waters within subbasin 03-08-34, in the Catawba River Basin. Charlotte I Terminal Outfall 001 (Flows south) Magellan Terminals Holdings, L.P. Charlotte I Terminal State Grid/©uad: F15SW / Mt. Island Lake, NC Latitude: 35° 16' 45" N Longitude: 80° 55' 30" W Receiving Stream: UT to Paw Creek [1 1-124] Stream Class: C Drainage Basin: Catawba River Basin Sub -Basin: 03-08-34 Facility Location (not to scale) NPDES Permit NC0074705 Mecklenburg County Permit NC0074705 A. (I.) 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 treated stormwater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes] [50050] Flow [00530] Total Suspended Solids [00556] Oil and Grease2 [00076] Turbidity [34030] Benzene [3401 Toluene [34371] Ethyl Benzene [81551 [34696 Xylene Naphthalene [TAE6C] Acute Toxicity4 Monthly Average Daily Maximum 45.0 mg/L 50 NTU M©NIT© Measurement Frequency Episodic Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Annually NG REQUIRE Sample Type Grab Grab Grab Grab Grab Grab Grab Grab Grab ENTS Sample Location 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 must be monitored with each discharge using one of the following four methods [see Flow Measurement Rationale, Section A. (3.)]: 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 & 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 (Fathead Minnow, 24-hour), Annual [see Section A. (2.)]. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. Following hydrostatic tank or pipe testing, the Permittee shall discharge no wastes containing benzene concentrations greater than 74.1 µg/L, or toluene concentrations greater than 11 µg/L. Permit NC0074705 A. (2.) ACUTE TOXICITY M©NIT©RING (ANNUAL) The Perm tee 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 Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should 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. PermitNC0074705 A. (3. FLOW MEASUREMENT RATIONALE The Rational Equation: Q=KuCIA, 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 ). 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. NPDES Permit Standard Conditions Pagel. of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1.251, 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 sn 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 d.eterrnined 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/consstant 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 1.5 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 levell") 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 (concen.tration limitl 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 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or 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)J 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)1 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)1 f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North. Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such. sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)1 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 likeli.h.00d 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 143-21.5.3, 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 dam.ages, 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 1.50B-23]. Version 10/29/2010 NPDES Permit Standard Conditions Page 5 °flit; 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 lIssuing Authority upon request, copies of records required by this permit [40 CFR 122.41. (h)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)]. 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 he signed and certified [40 CFR 122.41 (k)1. a. All permit applications s.hallbe 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 bee.nassigned 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 122.22] Version 10/29/2010 NPDES Permit Standard Conditions Page 6of:18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: ".I certify, under penalty of law, that Hats 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 infer -ration, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties fen° 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 reissua.nce, 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 214.0100; 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, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC Y 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 Perrnittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)J: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 II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)j: 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 inea.ns 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 .1 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://portaLncdenr.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 121411 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 122.411. 6, Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall. retain records of all monitoring information, including: • all calibration and maintenance records • all original strip chart recordings for continuous monitoring instrumentation • copies of all reports required by this permit • copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, rnea.su.rem.ent, 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 1.22.41 (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 anyplanned 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)]. 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 times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence, 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): 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 lig/ L); (2) Two hundred micrograms per liter (200 pg/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 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 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 10/29/2010 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the 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)] 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 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the 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 Permit Standard Conditions Page 1.5 of 18 .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 1.40 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; 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, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial User discharging to the POTW to meet Federal Pretreatment Stand.ard.s developed under Section 307(b) of the Act as amended (which includes categorical standards and 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Perm.ittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or 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 21-1.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (1) (3) (5) (7) 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 2H.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 pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 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 2H.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 H1NA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 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 Perrnittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 10/29/2010 SOC PRIORITY PROJECT: Yes No X To: Western NPDES Program Unit Surface Water Protection Section Attention: Dina Sprinkle Date: January- 29, 2010 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0074705 PART I - GENERAL INFORMATION Facility and address: Magellan Terminals Holdings, LP -Charlotte Formerly Williams Energy Ventures 7145 Old Mount Holly Road Charlotte, North Carolina 28130 2. Date of investigation: January 21-2010 Report prepared by: Samar Bou-Ghazale, Env. Engineer II 4. Persons contacted and telephone number: Mr. Mike Harris, Lead Operator; (704) 399-8457. 5. Directions to Site: From the junction of I-85 and Highway 27 in Charlotte, travel west on Highway 27 (Freedom Drive) approximately three (3) miles to Old Mt. Holly Road. Turn right onto Old Mt. Holly Road and travel approximately 0.75 mile to facility located on the right (south) side of the road. 6, Discharge Point(s). List for all discharge points: Latitude: 35° 16' 42" Longitude: 80° 55' 30" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point 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): Sloping south toward an unnamed tributary to Paw Creek at the rate of 3 to 5%, The site is not located in a flood plain. 9. Location of nearest dwelling: None within 1000 feet of the discharge point. 10. Receiving stream or affected surface waters: Unnamed tributary to Paw Creek. a. Classification: C b. River Basin and Subbasin No.: Catawba River Basin; 030834 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a narrow and. shallow drainage ditch. General C classification uses downstream. PART II - DESCRIPTION OF DISC Type of wastewater to be per ARGE AND TREATMENT WORKS ted: 0% Domestic 100% Industrial a. Volume of Wastewater: The wastewater is generated from storm water that falls on the entire site. What is the current permitted capacity of the wastewater treatment facility? N/A. e. 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 Please provide a description of existing or substantially constructed wastewater treatment facilities: Wastewater from the loading rack is directed to an oil water separator, a carbon filter and a holding tank. Storm water run-off from the tank area discharges to a containment area located on the south side of the property. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: Due to nature of the wastewater there could be some toxicity concern. h. Pretreatment Program (POTWs only): N/A. NPDES Permit Staff Report fi Residuals handling and utilization/disposal scheme: Sludge accumulates in the oil/water separator at a rate such that cleaning only needs to be done every five to ten years. When cleaning is done the company contracts FCC Environmental, Tel# 1-800-535-9694, a licensed waste disposal facility for removal and disposal. Treatment plant classification (attach completed rating sheet): Class I 4. SIC Code(s): 5171 Primary: 39 Main Treatment Unit Code: 53000 PART HI - 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. 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 5. Air Quality and/or Groundwater concerns or hazardous material utilized at this facility that may impact water quality, air quality or groundwater? There are no groundwater concerns. The facility stores a variety of hazardous materials typically associated with bulk storage facilities. Air Quality Permit for this facility is not required by Mecklenburg County. PART IV - EVALUATION AND RECOMMENDATIONS Magellan Midstream Partners LP is requesting an NPDES Permit renewal for the discharge of treated wastewater. The wastewater is generated from an oil water separator and stormwater runoff. NPDES Permit Staff Report 1, No changes to the wastewater treatment were made since the last permit renewal. The only change is the addition of one ethanol tank. The facility has 7 tanks on this site, three gasoline tanks, three diesel tanks, and one ethanol tank. Pending review and approval by the Western NPDES Program Unit, It is recommended that the NPDES permit be renewed. Water Quality Regional Supervisor Date NPDES Permit Staff Report Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary December 29, 2009 CHRIS M NELSON ENVIRONMENTAL SPECIALIST MAGELLAN MIDSTREAM PARTNERS LP PO BOX 22186, MD 27-3 TULSA OK 74121-2186 Subject: Receipt of permit renewal application NPDES Permit NC0074705 Charlotte/Southern Facilities Terminal Mecklenburg County Dear Mr. Nelson: The NPDES Unit received your permit renewal application on December 29, 2009. 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 per at (919) 807-6394. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-161'7 Location: 512 N. Salisbury St Raleigh, North Carolina 2'7604 Phone: 919.807-6300 ! FAX: 919.807-6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An k quaa Opportunity `4Aff'irmative Aci plcyer please contact Joe Corporon One NorthCarol ina Nature!! December 22, 2009 Mrs, Dina Sprinkle NC DENR DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 MAGELLAN" MIDSTREAM PARTNERS, L.P. Environmental Department One Williams Center P.O. Box 22186. MD 27-3 Tulsa, OK 74121-2186 RE: NPDES Permit Renewal Magellan Terminals Holdings, LP. — Charlotte I Terminal Permit No. NC0074705 Dear Ms. Sprinkle: Enclosed please find one signed original and two copies of the application to renew the NPDES permit for the Magellan Terminals Holdings (MTH) Charlotte- :I Terminal facility. MTH is requesting renewal of the pen -nit. There has been one change at the facility since issuance of the last pennit that could potentially affect storm water discharge. MTH added an ethanol offloading skid and began storing ethanol in 2009. Should you have questions, or need additional information related to the application, please feel free to contact me at (918) 574-7380. Chris M. Nelson Environmental Specialist Enclosures cc: Charlotte I Water Quality Files — Tulsa 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 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address NC0074705 Please print or type. Magellan. Midstream Partners, L.P. Magellan Terminals Holdings, L.P. - Charlotte I Terminal One Williams Center, MD 27-3 Tulsa OK 74172 918-574-7380 918-574-7247 chris.nelson(u?magellanlp.com 2. Location of facility producing discharge: Check here if same as above 0 Street Address or State Road City State / Zip Code County 71.45 Old Mt, Holly Road Charlotte NC 28214 Mecklenburg 3. Operator Information: Name of the firm, consultant or other entity that operates the fac Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number Magellan Terminals Holdings, L.P One Williams Center, MD 27-3 y. (Note that this is not referring to the Tulsa OK 74172 918-574-7380 918-574-7247 DENR - WA ER 1 ALITY POINT SOURCE BRANCH Page 1 of 5 C-M 110/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ 5. Standard Industrial Classification (SIC) code(s): 4226 6. Number of employees: 5 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 attacha separate sheet of paper with the system, description. All wastewater discharge is storm water. The facility has no wastewater treatment system. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: None Principal raw materials) consumed: None Briefly describe the manufacturing process(es):_No products are manufactured at this facility. The facility is a fuel terminal, receiving and loading bulk fuels such as gasoline and distillate fuels. 10. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units of production over the last three year Product Produced or Raw Material Consumed (AVERAGE) Product Produced or Raw Material Consumed (PEAK) per Day per Month per Year 11. Frequency of discharge: Continuous © Intermittent ❑ If intermittent: Days per week discharge occurs: All Duration: Variable Page 2 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 12. Types of wastewater discharged to surface waters only Discharge Sanitary - monthly average Utility water, etc. - monthly average Process water - monthly average Storm water - monthly average Other - monthly average Explain: Monthly Average total discharge (all types) Flow (GALLONS PER DAY) 500,000 gallon 500,000 gallons%month 13. Number of separate discharge points: 1 Outfall Identification number(s) Outfall 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Unnamed tributary to Paw Creek in the Catawba River Basin Page 3 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all otherpara.meters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the past 3 years of effluent data. Parameter Biochemical Oxygen Demand (BOD5) Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids Ammonia as N a ure (Summer) Temperature pH e Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) Daily Maximum 14.000 Monthly Average Units of Measurement 3.939 mg/ L 16. 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 Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) Permit Number Air Permit 08-036-633 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Please refer to the attached table for a summary of all chemical analyses performed during the past three (3) years. Page 4 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes L No El 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Rick A. Olson Senior Vice President Operations & Technical Services Printed name of Person Signing Title /2. 2J- O Signature of Applicant Date North Carolina General Statute 143-21.5,6 (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. Man.agernent 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, (1.8 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 5 of 5 C-MI 10/08 Charlotte I Terminal - Summary of Storm Water Analyses 2006-2009 Analysis Results with Units Flow TSS Benzene Naphthalene Oil & Grease Xylenes Toluene Ethyl benzene Turbidity Sampling Date MGD mg/L pg/L mg/L mg/L pg/L pg/L pg/L NTU 10/17/2006 0,0090 <1.7 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 <1.0 10/18/2006 0.0030 10/27/2006 0.0140 10/30/2006 0,0030 11/7/2006 0.0030 11/8/2006 0.0040 11/15/2006 0.0050 11/16/2006 0,0090 11/22/2006 0.0130 4.300 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 7,800 12/8/2006 0,0040 1.700 < 5.0 < 5,0 < 5.0 < 5.0 < 5.0 < 5.0 2.700 12/22/2006 0.0110 12/27/2006 0.0090 1/2/2007 0.0070 1/8/2007 0.0130 1/18/2007 0.0070 1/26/2007 0.0120 2.700 < 5.0 < 5,0 < 5.0 < 5.0 < 5.0 < 5.0 8.800 2/14/2007 0.0070 8.000 < 5.0 < 5,0 < 5.0 < 5.0 < 5.0 < 5.0 20.000 2/23/2007 0.0040 2/28/2007 0.0070 3/2/2007 0.0170 3/30/2007 0,0080 3.700 < 5.0 < 5.0 < 5,0 < 5.0 < 5.0 < 5.0 1.200 4/13/2007 0.0170 5.800 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 7.500 4/16/2007 0,0120 4/23/2007 0.0050 4/27/2007 0.0100 6/14/2007 0.0070 6/27/2007 0.0070 5,500 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5,0 3.700 8/27/2007 0.0270 8/31/2007 0,0080 4.200 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 6.600 10/26/2007 0,0040 10/31/2007 0.0050 1,400 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5,0 1.000 1/4/2008 0.0050 1/11/2008 0.0040 1/25/2008 0.0090 <3.3 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 11.000 2/19/2008 0.0070 <1.7 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 4.700 2/26/2008 0.0070 3/6/2008 0.0040 3/7/2008 0.0080 3/13/2008 0,0050 3.600 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 12.000 3/17/2008 0.0050 4/7/2008 0.0100 4/18/2008 0.0170 <1.0 <5.0 < 5.0 <5.0 <5.0 <5.0 <5.0 1.900 4/28/2008 0.0070 5/21/2008 0.0070 1.100 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 1.500 5/28/2008 0.0120 7/7/2008 0,0140 7/8/2008 0.0020 7/9/2008 0.0100 7/18/2008 0,0050 1,100 < 5.0 < 5,0 < 5.0 < 5.0 < 5.0 < 5.0 <1.0 7/31/2008 0.0070 8/26/2008 0.0220 <3.3 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 1.700 8/27/2008 0.0300 9/5/2008 0.0050 Charlotte I Terminal - Summary of Storm Water Analyses 2006-2009 Analysis Results with Units Flow TSS Benzene Naphthalene Oil & Grease Xylenes Toluene Ethyl benzene Turbidity Sampling Date MGD mg/L pg/L mg/L mg/L pg/L pg/L pg/L NTU 9/10/2008 0.0050 9/11/2008 0.0030 9/30/2008 0.0100 1.700 <5.0 <5.0 <5.0 <5.0 <5.0 <5.0 9.000 10/9/2008 0.0080 10/28/2008 0.0070 <1.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 2.200 11/21/2008 0.0070 2.200 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 5.000 12/30/2008 0.0100 2.500 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 9.000 3/31/2009 0,0100 3.800 < 5.0 < 5.0 < 5.0 < 5,0 < 5,0 < 5,0 3.900 6/2/2009 0.0070 6/28/2009 0.0120 14.000 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 22.000 7/17/2009 0.0030 < 8.3 < 5,0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 1,700 8/17/2009 0.0170 8/25/2009 0.0040 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 2.200 9/22/2009 0,0100 3.600 < 5,0 < 5,0 < 5.0 < 5.0 < 5.0 < 5.0 4.800 10/22/2009 0.0040 < 2„5 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5,0 2.000 10/27/2009 0.0030 10/28/2009 0.0140 Daily Maximum 14.000 Average 3.939 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5.0 < 5,0 22.000 < 5.0 6,156 w 20 240 SCALE: 1°' = 12 Latitude 35° 16' 59" N Longitude 80° 56' 25" W N 562,800 SINGLE GATE DIKE CAPACITY 2,809,712 GAL MIGRATION POND FROM OIL/WATER SEPARATOR ACCESS POINT DIKE CAPACfl 3,051,705 GAL' DIKE CAPACITY 3,669,299 GAL B©L HOCISE TANK RED ``LOADING RACKS EOUIPNE RAILROAD OADING ETHANOL OFF-LOADING AREA - CONCRJIE CURBED WITH AUTOMATED DRAINAGE CONTAINMENT VALVE 10• COLONIAL LINES DYKE ti ATER SEPP Al N 563,800 w LEGEND: .ASPHALT ROAD . FENCE LINE . FIRE HYDRANT POWER POLE .......VALVE . ABOVE GROUND PIPING . BELOW GROUND PIPING .. FIRE EXTINGUISHER . ABOVE GROUND STORAGE TANK . BELOW GROUND STORAGE TANK 1.... SECONDARY CONTAINMENT DIKE D.S.,... •• ..............•DRUM STORAGE ■ ............. OIL FIIIFD TRANSFORMER ♦w • • • • • • • • • • • DRAINAGE FLOW DIRECTION NOTES: 1.) PIPING: 8' FROM PIPELINE (INLET), 6" OUT OF TANKS TO LOADING RACK (OUTLET)). TANKS 5 AND 9: 10" INLET, 8" OUTLET, TANK 4: 12" INLET, 8" OUTLET. 2.) VCU = VAPOR COMBUSTION UNIT. 3.) VRU = VAPOR RECOVERY UNIT, 4.) EMERGENCY SHUTOFF VALVES ARE LOCATED AT EACH TANK INLET AND OUTLET, EACH LOADING RACK, AND IN THE OFFICE. 5.) SECONDARY CONTAINMENT FOR STORAGE TANKS CONSISTS OF COMPACTED CLAY COVERED WITH GRAVEL ON AND WITHIN THE DIKES, 6.) COMMUNICATION EQUIPMENT IS LOCATED IN THE FACILITY OFFICE. FACILITY PERSONNEL CARRY MOBILE PHONES AND PAGERS. 7.) DIKE CAPACITIES WERE CALCULATED ASSUMING FAILURE OF THE LARGEST TANK. 8,) HAZARDOUS WASTE STORAGE N/A.. AGELLANW MIDSTREAM PARTNERS, L.P. MA©ELLAN TERMINALS HOLDINGS, L.P. Science Applications International Corporatio URE 1 & FIGURE 2 SPCC SITE MAP & DRAINAGE PLAN CHARLOTTE TERMINAL NO, 2 DRAWN rr.. R. BEEER R -1. NO,/BATE; 2 / 12/2COS CAD FTLL 4E5_TIGI k2—i CAME: 12,M /200E mom BY REIM MAGELLAN$" Am, MIDSTREAM PARTNERS, L.P. Environmental Department One Williams Center P.O. Box 22186, MD 27-3 Tulsa, OK 74121-2186 December 22, 2009 Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Sludge Management Magellan Terminals Holdings, LP. — Charlotte II Terminal Permit No. NC0005185 Dear Ms. Sprinkle: At the Charlotte II Terminal stormwater is not treated by any method before discharge and therefore solids are not generated by a wastewater treatment system. Stormwater collected in the storage tank. containment area and stormwater from the ethanol skid are the only waters that are discharged at this facility. Should you have questions, or need additional information related to the application, please feel free to contact me at (918) 574-7380. Chris M. Nelson Environmental Specialist Enclosures ce: Charlotte II Water Quality Files — Tulsa Michael F. Easley, Govemo 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 May 9, 2006 Mr. Jay Wiese, Vice President Terminal Services Magellan Terminals Holdings, LP One Williams Center, MD 27-3 Tulsa, Oklahoma 74172 Subject: NPDES Permit NC0074705 Charlotte 1 Terminal Mecklenburg County Dear Mr. Wiese: Our records indicate that NPDES Permit No. NC0022187 was issued on May 1, 2006 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 4 and 5. Pages 4 and 5 set 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 permits/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 infoitnation are also available at http://h2o.enr.state.nc.us/NPDES/documents.html. 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 will receive 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 No hCarolina aturally 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 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 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, 1-0-) ID. Rex Gleason, P.E. Surface Water Protection Regional Supervisor AANPDESLTR,WQ Michael F. Easley Governor D. E. Benton Chief Deputy Secretary orth Carolina Department of Environment and Natural Resources Alan W. K1ic .k, P.E., Director Divisioli3Y Water Quality May 1, 2006 Mr. Jay Wiese, Vice President Terminal Services Magellan Terminals Holdings, L.P. One Williams Center, MD 27-3 Tulsa, Oklahoma 74172 AT FIUU MAY 0 9 2OO Subject: Issuance of NPDES Permit NC0074705 7145 Old Mount Holly Road Charlotte I Terminal Mecklenburg County Dear Mr. Wiese: The Division of Water Quality (the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency (EPA) dated May 9, 1994, or as subsequently amended. RENEWAL SUMMARY The Division's renewal evaluation included a reasonable potential analysis (RPA), in accordance with EPA permitting guidance. The Division made the following changes to your previous permit based on data from your Discharge Monitoring Report (DMRs) submitted over the last permit cycle: • Turbidity — RP = Yes; add permit limit (50 NTU); increase monitoring from quarterly to Monthly. • MTBE — deleted from permit (required for WS waters only - not Class C). • Naphthalene — add monthly monitoring to address diesel. • EPA Methods 624/625 — delete monitoring from peiniit; parameters not detected. If any parts, monitoring 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. You must submit this request in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and file it with the office of Administrative Hearings, 6714 Mail. Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this peiniit shall be final and binding. e_n NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919-733-5083 Customer Service 1-800-623-7748 Issuance of NPDES Permit NC0074705 Magellan Teiniinal Holdings, LLC Charlotte I Terminal Page 2of 2 Please notice that this permit is not transferable except after notifying the Division of Water Quality. The Division of Water Quality may modify, or revoke and reissue this permit. This permit does not affect your legal requirements 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. If you have questions concerning this permit, please call Joe Corporon at (919) 733-5083, extension 597 or email ioe.corporon@ncmail.net. Sincerely, Alan W. Klimek, P.E. Attached: NPDES Peiiuit, NC0074705 cc: Central Files Aquatic Toxicology Unit Permit NC0074705 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 (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, Magellan Terminals Holdings, L.P. is hereby authorized to discharge wastewater from outfalls located at the Magellan Terminals Holdings, L.P. Charlotte I Terminal 7145 Old Mount Holy Road Paw Creek Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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 June 1, 2006. This permit and authorization to discharge shall expire at midnight on June 30, 2010. Signed this day May 1, 2006. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Peimuit NC0074705 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued pelinit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Magellan Terminals Holdings, L.P. is hereby authorized: to continue to operate the existing Water Pollution Control System consisting of oil/water separator and (servicing the truck -loading rack) carbon filter (servicing the truck -loading rack) wastewater tank (servicing the truck -loading rack) diked areas (secondary containment for surface storage tanks) with hand -operated discharge valves (for stormwater and city water used for washing and/or hydrostatic testing), located at the Charlotte I Terminal, 7145 Old Mount Holy Road, Paw Creek, Mecklenburg County, and 2. to discharge from said treatment facility through Outfall 001 at a specified location (see attached map) into an unnamed tributary to Paw Creek, a Class C waterbody located within the Catawba River Basin. Charlotte I Terminal Outfall 001 (Flows south) Magellan Terminals Holdings, L.P. Charlotte I Terminal State Grid/Quad: F15SW (Mt. Island Lake) Latitude: 35° 16' 45" N Longitude: 80° 55' 30" W Receiving Stream: UT to Paw Creek Drainage Basin: Catawba River Basin Stream Class: C Sub -Basin: 30834 Facility Location (not to scale) NPDES Permit No. NC074705 Mecklenburg County Peiinit NC0074705 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 treated stormwater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: 104000.401, Flow VVVVI, Episodic Ivt 4,, Effluent Total Suspended Solids Oil and Grease2 Turbidity Benzene Toluene Ethyl Benzene Xylene Naphthalene Acute Toxicity4 45.0 mg/I, 50 NTU Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Annually Grab Grab Grab Grab Grab Grab Grab Grab Grab 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 must be monitored with each discharge and 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. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(2.)]. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. Following hydrostatic tank or pipe testing, the Permittee shall discharge no wastes containing benzene concentrations greater than 74.1 11. I g/L , or toluene concentrations greater than 11 Ftg/L. Permit NC0074705 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (2.) 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 Fouii (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 perfoiiiied 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 Pet %t 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 'mown 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 conform, 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 P y The period from midnight of one day until midnight of the next day. However, for purposes of this p 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 October through December. J y July through September, and 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 tune/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 620/2003 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 pitted facility, or the cessation of all activities that require c under the NPDES. Completion of facility closure will allow this prrrnit to be rescinded. Goomettic 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 = L 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. 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)(I) 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 limi ) 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 4O2(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 neeligent/y' 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 4O2(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)] NPDES Permit Requirements P2ge 4 of 16 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [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] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Mrninistrative 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 rnlnirn ve or prevent any discharge or s1u+ violation of this permit which has a reasonable likelihood of adversely affecting human heal [40 CFR 122.41 (d)]. use or disposal in or the environment 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 prelude 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 prrrnit 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. NPDES Permit Requirements Page 5 of 16 Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 150B-23]. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge bey©nd the expiration date, the Permittee shall submit such information, fortes, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall. be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of malting 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 12222]. 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] NPDES Permit Requirements Page 6of16 e. �es 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]: '1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility 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 Tertnination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revolting and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Tide 40, Code of Federal Regulations, Parts 122 and 123; Title iSA 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 Perrnittee must pay the annual administering and compliance monitoring fee within thirty billed by the Division. Failure to pay the fee in a timely manner in accordance with 15 A NCAC may cause this Division to initiate action to revoke the permit. Section C. Operation and M ce of Pollution Controls after being 0105 (b) (4) 1. Certified Operator Upon classification of the permitted fanny 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 currendy 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 Co operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system ion designating the Version 6/2012003 NPDES Permit Requirements Page7of16 b. Within 120 calendar days of: ➢ Receiving notification of a change new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. e classification of the system requiring the designation of a 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 tunes properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m)' (3)] (1) Anticipated bypass. If the Permittee notice, if possible at least ten days anticipated quality and effect of the byp (2) Unanticipated bypass. The Permittee II. E. 6. (24-hour notice). knows in advance of the need for a bypass, it shall submit prior before the date of the bypass; including an evaluation of the ass. shall submit notice of an unanticipated bypass as required in Part c. Prohibition of Bypass (I) 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 Permitted 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. (I) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that NPDES Permit Requir Page 8of16• 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 mains fining adequate safeguards (as required by 15A NCAC 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. D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (1)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summari?ed for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, LI, 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 ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6P202003 NPDES Permit Requirements Page 9of16 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 Pittee'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 Prrmittee 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 requiremen 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; of this permit, the Permittee shall record NPDES Permit Requirements Page 10of16. 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 (mcluding monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements L Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this p of any pollutant identified in this permit more frequently than or at a level in excess of constitute a violation of the permit. e discharge prized shall 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 cxiteri for new sources at 40 CFR 12229 (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 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 12241 (1) (2)]. 4. Transfer;; This permit is not tr nsferrable 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. Version 6/2a2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported•under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to sub rt it 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)]. 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 direr tly 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 pnniched by a fine of V+ 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 Perrnittees 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 143-215.1 C). 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 Perrnittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound altramtive of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Version 6/2O,2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit continue at the permitted facility. be rescinded while any a ies requiring this permit 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. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2 Under no c rcuxrtstances 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 dosed 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, induding 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; £ 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 Prrrnittee 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 NPDES Permit Requirements. Page 14oflb Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 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)(S) of the Clean Water Act and implementing re�dons 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 jndustrial Waste Survey (IWS). The Permittee shall update its Industrial Waste Surveil' (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 E5.). 4. Headworks Analysis (1-IWA) and Local The Perrnittee 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 Perrnittee 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 Perrnittee'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. Altl The, sodu5 soA con to Consult A tea *ittee fa 11 et su that au Author ation to constn usetss fc r the craosu ctioo or s xc tcati t of any Pz rye proposed pretrreatmeot fact a adtreatment pr n tls Indust User Pretreatment Penni and tr for all pit aid once chat the e � � tts rs boo ott i rovtth the apple monitor ng and rt p r n outlined i x the ion p row l prat i at�+atl� the itcdt tr s pretreatment phi or 1A NCAC (9#. e Pd o discbat 7 axed ze es for xotat z s of au p: l Wats r Act 40 C 4 iA NCAC 2H .0909 and qx fa ceweot Response P n acc ce with 15 :NCAC 2fi .0908. In lieu of ul Prca ratxu, txo 15A NCAC 2H�� {b a� to d scu set f+atc srse�at of retreatsaaent r+ oche r acthr � trxseot p ro s, tie Pest NC DEN. DWC 1617 Mail Service Center Raleigh, NC 279 -161 ' Narrative: Abrief discussionore sons for, Users (MS) Non + b.) Premaratment Proms � 'p A pretrearnumt pxognunsummaxy c. giant Non -Compliance gem The nature of the violations and speeific forte armed hT ttae l: } odustrial Data Stum azy )Porms r 'nit pub'h annually a list of fi s t In ustt t Use defined in the Pet nittee s Division ap is and standards during the previous of the appli a le trawve-month pen SOC PRIORITY PROJECT: To: Permits and Engineering Water Quality Section Attention: Carolyn Bryant Date: January 5, 2005 sN NPDES STAFF REPORT AND RECOMMENDATION County: iviecklenburg MR0 No.: 04-139 Permit No. NC0074705 PART 1 - GENERAL INFORMATION -CiaricAte1. acty nrus , Formerly Williams Energy Ventures 7145 Old IvIolint Lolly Road Charlotte, North Carolina 28130 2. Date of investigation: 12-14-04 3 Report prepared by: Samar Bou-Ghazale, Env. Engineer I 4. Persons contacted and telephone number: Mr. Mike Harris, Lead Operator, (704)399-8457. 5. Directions to Site: From the junction of 1-85 and Highway 27 in Chnrlotte, travel west on Highway 27 (Freedom Drive) approximately three (3) miles to Old Mt. Holly Road. Turn right onto Old Mt. Holly Road and travel approximately 0.75 mile to facility located on the right (south) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 16' 42" Longitude: 80° 55' 30" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point 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: 8. Topography (relationship to flood plain included): Sloping south toward an unnamed trilutary to Paw Creek at the rate of 3 to 5%. The site is not located in a flood plain. 9. Location of nearest dwelling: None within 1000 feet of the discharge point. 10. Receiving stream or affected surface waters: Unnamed tributary to Paw Creek. a. Classification: C b. River Basin and Subbasin No.: Catawba River Basin; 030834 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a narrow and shallow drainage ditch. General C classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS T 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 ofexisting or substantially constructed wastewater treatment facilities: Wastewater from the loading rack is directed to an oil water separator, a carbon filter and a holding tank. Storm water run-off from the tank area discharges to a containment area located on the south side of the property. 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. h. Pretreatment Program (POTWs only): N/A. NPDES Permit Staff Report Page 2 �L f k 2. Residuals handling and utilization/disposal scheme: Sludge accumulates in the oil/water separator at a rate such that cleaning only needs to be done every five to ten years. When cleaning is done the company contracts a licensed waste disposal facility for removal and disposal. 3. Treatment plant classification (attach completed rating sheet): Class I ei/6„ 4. SIC Code(s): 5171 Primary: 39 Main Treatment Unit Code: 53000 PART Ili - OTHER PERTINENT INFORMATION nt ¢l/z.(1 60e �'i ?''kl 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 utilized at this facility that may impact water quality, air quality or groundwater? There are no groundwater concerns. The facility stores a variety of hazardous materials typically associated with bulk storage facilities. Air Quality Permit for this facility is not required by Mecklenburg County. PART IV - EVALUATION AND RECOMMENDATIONS Magellan Terminals Holdings is requesting an NPDES Permit renewal for the discharge of treated wastewater. The wastewater is generated from an oil water separator and stormwater runoff NPDES Pe Staff Report Page 3 T A review of the past year's self - violations. Signature Water Date ring data♦, from 11 /2003 through 10/20 ecortended that the NPDES Peanut be renewed as requested. egional Supervisor NPDES Permit Staff Report Page 4 no L.adoude:3596'42" N � i1 Lon2iwude:80'55'30" ` Quad # F15SW/Mou:,u?in island Lake Re�eiring Steam: Us [a Paw it=k S:r:am Gass: C I a Ilan Chariot Suo©asin:30E34 ,7C)I i' Road 7 4_5 Old 1t_ 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 November 18, 2004 Jay Wiese Magellan Terminals Holdings, L.P. One Williams Center, MD 27-3 Tulsa, OK. 74172 Subject Receipt of permit renewal application NPDES Permit NC0074705 Magellan Terminals Holdings, LP — Charlotte I Mecklenburg County Dear /VIr. Wiese: The NPDES Unit received your permit renewal application on November 18, 2004; 2004. 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. The requirements in your existing permit win remain' in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. cc: = NPDES Unit Sincerely, tuttL, Ltk Carolyn Bryant Point Source Branch NOv North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o,enr.statancus 512 N. Salisbury Si. Raleigh, NC 27604 FAX (919) 733-24% 1-877-623-6748 MAGELLAN" MIDSTREAM PARTNERS, L.P. November 11, 2004 Mr. Charles H. Weaver, Jr. NC➢ENR/Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re; NPDES Permit Renewal Applications Magellan s Charlotte II Terminal #NC0005185 Dear Charles: ONE WILLIAMS CENTER PO BOX 22186 TULSA, OK 74121-2186 (918) 574-7000 Please find attached the NPDES permit applications for the renewal of the above referenced permits. There have been no changes in the source, treatment or discharge of wastewater at these refined product storage terminals since the last permits were issued. The wastewater discharges consist of non -contact storm waters from diked storage tank areas; storm water and wash water from loading rack areas treated with oil/water separators and hydrostatic waters from testing tanks and/or associated pipelines. There are virtually no solids generated from treatment of the wastewaters at either of these terminals. Every few years any sediments are removed from the oil water separators and the floor drain mud boxes in the loading racks. These sediments are disposed of off -site as a product contact waste. Please let me know if you have any questions or need any additional information. Please also continue to direct any correspondence to my attention as well. Sincerely, Paul Potts Sr. Environmental Specialist Magellan Midstream Partners One Williams Center, MD 27-3 Tulsa, OK 74172 (918) 574-7725 (918) 574-7247 fax paul.potts(ajnagellanlp.com attach. 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 Please print or type 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 NC0074705 Magellan Terminals Holdings, LP - Charlotte I Magellan Terminals Holdings, L.P. One Williams Center, MD 27-3 Tulsa OK / 74172 (918) 574-7725 (918) 574-7247 paul,potts@magellanlp.com Magellan Terminals Holdings, L.P. 7145 Old Mount Holly Road Paw Creek NC / 28130 Mecklenburg (704) 399-8457 2. Location of facility producing discharge: Check here if same as above : X Facility Name (If different from above) Magellan Terminals Holdings, LP - Charlotte I Street Address or State Road City State / Zip Code County 3. Ownership Status: Federal 7145 Old Mount Holly Road Paw Creek NC / 28130 Mecklenburg State Private X PublicEl 4. Standard Industrial Classification (SIC) code(s): 4226 5. Number of employees: 2 6. Principal product(s) produced: N/A Principal raw material(s) consumed: N/A 7. Principal process(es): Refined product (gasoline, distillate) storage and truck loading. Page 1 of 3 Version -08/03 NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing For manufacturing or commercial facilities with a discharge <1 MGD 8. 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 Product Produced or Raw Material Consumed Consumed (AVERAGE) (PEAK) 519,000 gallons loaded -336,000 gallons loaded per Month --10,080,000 gallons loaded 15,570,000 gallons loaded per Year - 120,960,000 gallons loaded 186,840,000 gallons loaded 9. Check here if discharge occurs all year: X, or circle the month(s) in which discharge occurs: January February March April May June July August September October .November December Days per week discharge occurs: All 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 Sanitary - monthly average Flow (GALLONS PER OPERATING MONTH) Utility water, etc. - monthly average Process water - monthly average (Only stormwater from loading rack areas treated via oil/water separators, stormwater from diked storage tank areas and city water used for washing or hydrostatic testing of tanks or lines at the Charlotte I terminal). Monthly Average total discharge (all types) Stormwater Only: 500,000 gallons 500,000 gallons 11. List all permits, construction approvals and/or applications (check all that apply and provide permi nu»tbers or check none if not applicable): Type Permit Number None UIC NPDES Type Permit Number Non -Attainment Ocean Dumping Dredge/Fill Permits Page 2 of 3 Version -08/03 I 1 1 NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing For manufacturing or commercial facilities with a discharge <1 MGD PSD 1 1 RCRA NESHAPS 1 1 OtherAir Permit #03-156-633 12. Number of separate discharge points: 1 - Outfall 001 13. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Unnamed tributary to Paw Creek 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: 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. Jay Wiese Vice President, Terminal Services Printed name of Person Signing Title Signature niA can 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 $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 DENRJDWQ FACT SHEET NPDES PERMIT DEVELOPMENT NPDES Permit NC0074705 Applic Applie Facili tt Ad Address: 'errnitted Flo e of Waste: FacilitPenxii Receiving Strea Stream Classi !emeit 303(d)Listed?. Subbas' tna e ea Name: ation tawnier 7Q 1 0 (cfs) Winter 7Q 10 Average Flow BACKGROUND Facility Information Magellan Terminals Holding, L.P. - Charlotte I Terminal Mr. Jay Wiese, Vice President Terminal services 7145 Old Mount Holly Road (NC Hwy 27), Paw Creek, NC 28130 Not limited Diked area stormwater, truck -loading rack wastewater Active / Renewal Mecklenburg UT to Paw Creek C / [11-120-(2.5)] No 03-08-34 0.1 0.0 0.0 0.0 0.0 100% Miscellaneous Re ona Office: State Grid / USGS Qua Date. rrter. Mooresville F15SW/ Mountain Island Lake Joe Corporon 13Mar06 Lat. 35° 16' 45" N Long. 80° 55' 30" W Waste Load Allocation (WLA) and Bulk -Storage SOP. A Waste Load Allocation was last conducted in March 1993, for discharge to receiving stream, Paw Creek [segment 11-120-(2.5)], classified C waters of the state. The 1993 WLA recommended monitoring for benzene, toluene, ethylbenzene, xylene (BTEX), TSS, Turbidity, oil & grease, pH, and Lead. The Division established new effluent limits and monitoring requirements for the previous permit following Requirements for Discharges from Oil and Petroleum Storage Facilities (SOP 2001, version 30Ju101). This permit required monitoring for benzene, toluene, ethylbenzene, xylene (BTEX), Total Suspended Solids (TSS), Turbidity, Oil & Grease, MTBE, EPA Methods 624/625 (for volatile and semi - volatile organic compounds), and Acute Toxicity appropriate for episodic discharges. In September 2003, Magellan Terminals Holdings, L.P. acquired this facility from previous owner/operator Williams Energy Ventures and registered a name -change with the Division. Stormwater collected from the truck -loading racks area is treated by an oil/water separator and combined with stormwater collected behind diked areas. This combined treated wastewater discharges at Outfall 001. Fact Sheet NPDES NC0074705 Renewal Page 1 PERMITTING STRATEGY New SOP for Oil Terminals. The Division established renewal criteria for this permit according to the NPDES Permitting Requirements for Petroleum Bulk -Storage 2005 Permitting Strategy, version September 9, 2005 (2005 SOP). This document recommends 12 criteria for renewal including reasonable potential analyses (see Renewal Summary). Reasonable Potential Analysis (RPA): The Division conducted a reasonable potential analysis (according to EPA guidelines) in order to establish numerical potential for a given parameter to exceed its water quality stream standard. The Division established a list of parameters of concern (POCs) based on the previous permit. However, most permit parameters were not detected during this permit cycle, therefore no RPA was warranted. One exception, Turbidity (with a standard of 50 NTU), indicated reasonable potential with a maximum predicted of 88.2 NTU at the highest reported monthly -average flow of 0.019 MGD. Therefore, a permit limit of 50 NTU (the standard) was added to the permit. Whole Effluent Toxicity (WET) Testing. This facility has "passed" annual toxicity testing for the last five years ("Pass" or LC-50 >100). No changes to the permit recommended. Review of EPA Methods 624/625. The Division reviewed_annual analytical data (for the years 2003 through 2005) reported from EPA test methods 624/625 (volatile and semi -volatile hydrocarbon compounds). These test methods did not detect any of the listed parameters at the method levels of detection. RENEWAL SUMMARY Turbidity — RP = Yes; max predicted 88.2 NTU (n = 10 / 10 hits); add permit limit of 50 NTU; increase monitoring from quarterly to Monthly. MTBE — delete from permit (monitoring for WS water only .. not Class C). Naphthalene — add monthly monitoring to address diesel, per 2005 SOP. EPA Methods 624/625 — delete monitoring from permit; parameters not detected. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Permit Scheduled to Issue: March 15, 2006 May 8, 2006 NPDES DIVISION CONTACT If you have questions regarding any o above information or on the attached permit, please contact Joe Corporon, NPDE . • am, E at ! 19) 733-5083 ext. 597. NAME: .c+�.��r/ . DATE: Fact Sheet NPDES NC0074705 Renewal. • Page 2 j GIONAL OFFICE COMMENTS NAME: SUPERVISOR: NPDES SUPERVISOR: Fact Sheet NPDES NCOt)74705 Renewal Page 3 DATE« DATE: DATE: Table 1. Project Information Table 2. Parameters of Concern Facility Name WWTP Grade NPDES Permit Outfall Flow, Qw (MGD) Receiving Stream Stream Class 7Q10s (cfs) 7010w (cfs) 3002 (cfs) QA (cfs) Time Period Data Source(s) age an T finals Holdings, L.P.; harlotte Terminal I Class 1 NC0074705 6 0.019 UT of Paw Creek V 0.0 0.0 0.0 0.0 an 2002 - Dec 2005 DMRs. Par01 Par02 Par03 Par04 Par05 Par06 Par07 Par08 Par09 Par10 Part Par12 Par13 Par14 Par15 Name Type Chronic Modifier Acute PQL Units 74705 Magellan I - RPA, input 3/13/2006 REASONABLE POTENTIAL ANALYSIS Magellan Terminals Holdings, L.P., Charlotte Terminal I NC0074705 Time Period Jan 2002 - Dec 2005 Qw (MGD) 0.019 7Q 10S (cfs) 0 7Q 10W (cfs) 0 3002 (ds) 0 Avg. Stream Flow, QA (cfs) 0 Rec'ving Stream UT of Paw Creek PARAMETER Benzene Toluene Turbidity NC 1.2 50 WWTP Class Class 1 /WC (%) CP 7Q 10S 100 ®7Q10W 100 3002 100 ® QA 100 Stream Class WS-JV N/A N/A WA 88.2 u Chronic; A A . No Ihiy m©nito Outfall 6 Qw = 0.019 MGD RECOMMENDED ACTION rd u WA to A hroni0: #NACU 26.7 Acute: N/A #VALUE! N/A A i7 WA h A T ut WA A T N/A u#e: N/A m0ntc: Freon 0 T WA u16: N/A T A WA ot0T WA WA ute: N/A hron/C: ?rror ®Type • Legend: C = Carcinogenic NC = Non -carcinogen A = Aesthetic N/A Acu#c: N/A hr0n/C: 5r0r T "Freshwater Discharge 74705 Magellan I - RPA, rpe 3/ 132006 REASONABLE POTENTIAL ANALYSIS Date 1 Jan-02 2 Feb-02 3 Mar-02 4 Apr-02 5 May-02 6 Jun-02 7 Jul-02 8 Aug-02 9 Sep-02 10 Oct-02 11 Nov-02 12 Dec-02 13 Jan-03 14 Feb-03 15 Mar-03 16 Apr-03 17 May-03 18 Jun-03 19 Jul-03 20 Aug-03 21 Sep-03 22 Oct-03 23 Nov-03 24 Dec-03 25 Jan-04 26 Feb-04 27 Mar-04 28 Apr-04 29 May-04 30 Jun-04 31 Jul-04 32 Aug-04 33 Sep-04 34 Oct-04 35 Nov-04 36 Dec-04 37 Jan-05 38 Feb-05 39 Mar-05 40 Apr-05 41 May-05 42 Jun-05 43 Jul-05 44 Aug-05 45 Sep-05 46 Oct-05 47 Nov-05 48 Dec-05 49 50 51 52 53 54 55 56 57 58 59 60 199 200 Data Turbidity BDL=1/2DL Results Std Dev. 6,1627 Mean 7.1500 C.V. 0.8619 n 10 2.8 2.8 12 12.0 2 2.0 5,5 5.5 14 14.0 3.0 5.5 20.0 5.5 5.5 Mult Factor = 4.4100 Max. Value 20.0 ug/l Max. Pred Cw 882 ug/1 74705 Magellan! - RPA, data 2 - 3/13/2006 SOC PRIORITY PROJECT: Yes No X To: Permits and Engineering Unit Water Quality Section Attention: Valery Stephens Date: April 17, 2001 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg MR0 No.: 01-38 Permit No. NC0074705 PART I - GENERAL INFORMATION Facility and Address: Williams Energy Ventures 7145 Old Mount Holly Road Charlotte, North Carolina 28130 Date of Investigation: 04-03-96 3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer I 4. Persons Contacted and Telephone Number: Mr. Mike Harris, Lead Operator; (704) 399- 8457. Directions to Site: From the junction of I-85 and Highway 27 in Charlotte, travel west on Highway 27 (Freedom Drive) approximately three (3) miles to Old Mt. Holly Road. Turn right onto Old Mt. Holly Road and travel approximately 0.75 mile to facility located on the right (south) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 16' 42" Longitude: 80° 55' 30" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: F 15 SW USGS Quad Name: Mountain Is and Lake 7. Site size and expansion are consistent with application? Yes X No If No, explain: Topography (relationship to flood plain included): Sloping south toward an unnamed tributary to Paw Creek at the rate of 3 to 5%. The site is not located in a flood plain. 9. Location of nearest dwelling: None within 1000 feet of the discharge point. 10. Receiving stream or affected surface waters: Unnamed tributary to Paw Creek. a. Classification: C b. River Basin and Subbasin No.: Catawba River Basin; 030834 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a narrow and shallow drainage ditch. 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 an oil water separator, a carbon filter and a holding tank. Storm water run-off from the tank area discharges to a containment area located on the south side of the property. f 5A-pip(V ?)4.6ir ,704, D Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: Due to nature of the wastewater there could be some toxicity concern. h. Pretreatment Program (POTWs only): N/A. NPIDES Permit Staff Report Page 2 Residuals handling and utilization/disposal scheme: Sludge accumulates in the oil/water separator at a rate such that cleaning only needs to be done every five to ten years. When cleaning is done the company contracts a licensed waste disposal facility for removal and disposal. The tank bottom water is handled by Shamrock Environmental, Tel# 1800-881- 1098. 3. Treatment plant cl, 4_ SIC Code(s): 5171 I. 7`�`._°` I;` by sification (attach completed rating sheet): Class I Primary: 39 Main Treatment Unit Code: 53000 PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A. Special monitoring or limitations (including toxicity) requests: N/A. 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A. 4. Altemative 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 5. Air Quality and/or Groundwater concerns or hazardous material utilized at this facility that may impact water quality, air quality or groundwater? Contaminated groundwater already exists at the site. Air Quality Permit for this facility is not required by Mecklenburg County. 6. Other Special Items: A question was raised by Richard Bridgmen of this Office during the review of the Draft Permit regarding the existence of a retention pond on this site. During the investigation it was noted that a containment area is provided at the lower end of this site and not a retention pond. NPDES Permit Staff Report Page PART IV - EVALUATION AND RECOMMENDATIONS Williams Energy is requesting an NPDES Permit renewal for the discharge of treated wastewater. The wastewater is generated from an oil water separator and stormwater runoff. It is recommended that the NPDES Permit be renewed. Signature of ' e.ao Preparer Date Water Quality Regional Supervisor Date N?DES Permit Staff Report Page 4 - lY nod' •V1T " itch (CHARLOTTE WEST) 4854 //I N.W SCALE 1:24 ©©© CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 41 omestead o�rhETER Feiio ead t\i — - 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 NC DEPT. OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE PEGIONAL OFFICE WATE Mr. Steve Monn Williams Energy Ventures — Paw Creek One Williams Center Tulsa, Oklahoma 74172 Dear Mr. Monn: Przr ,""1„,(7,711 MAR 0 2 2001 Subject: " NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NPDES Permit Renewal Application Permit NC0074705 Williams Energy Ventures — Paw Creek Mecklenburg County The NPDES Unit received your permit renewal application on February 23, 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. If this staff shortage delays reissuance of NC0074705 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. nal Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Sincerely, Valery Stephens Point Source Unit 919 733-5083, extension 520 (tax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr,state.nc,us/NPDES Valery.Stephens@ncmail.net February 21, 2001 Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re; NPDES Permit NC0074705 Renewal Application Williams Terminals Holdings, L.P. Charlotte Southern F Mecklenburg County '`' . (NC DENR's Paw Creek terminal) f Dear Mr. Weaver: s Terminal ENERGY SERVICES 1717 South Boulder Avenue P.O. Box 21628 Tulsa, Oklahoma 74121-1628 This transmittal represents formal submittal for renewal of subject NPDES pemut, since it is currently due to expire on August 31, 2001. This submittal is being made prior to the 180-day pre -expiration submittal requirement. To this end, attached please find a completed original application (Short Form C), and two complete copies of this cover letter and the application form. Furthermore, enclosed please find copies of my authorization to prepare and submit the application for renewal. Please note (at the subject listing above) that since our last correspondence, Williams Energy Ventures, Inc. converted itself from a corporation to a partnership named Williams Terminals Holdings, L.P. A complete notice per NC DENR requirement will follow in the very near future. However, since formation of the partnership occurred on February 9, 2001, this letter and the enclosed Short Form C list the applicant as Williams Terminals Holdings, L.P. There have been no changes at the terminal that would affect operation under the NPDES permit since issuance of the last NPDES permit. Furthermore, the terminal generates no sludge as a result of wastewater treatment, so there is no NPDES sludge management plan for the terminal. Please note that the enclosed Short Form C, at #10, lists the discharge point as "outfall 001". On the "Effluent Limitations and Monitoring Requirements" page of the current NPDES permit, the outfall is listed as "serial number 001" whereas on the "Supplement to Pemut Cover Sheet", the outfall is listed as "serial number 002". With regard to this permit, there is only one discharge point. If there are any questions with regard to this submittal, I can be contacted at 918/574-8420. Sincerely, Steve W. Monn - REM, CHMM Sr. Environmental Specialist // c1022101 c: Mark Bowen, Charlotte SOFAC Terminal Charlotte SOFAC Water Mgmt File - Tulsa 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 Applicant and facility producing discharge NC00 74705 A. Name Williams Terminals Holdings, L. P. - Charlotte Southern Facilities Terminal B. Mailing address of applicant: Steve W. Monn, Williams Energy Services Street address: One Williams Center CityTulsa County Tulsa State OK Zip Code 74172 Telephone Number (918)574-8420 Fax Number (918)574-8722 e-mail address Steve.Monn(a Williams.com C. Location of facility: Street 7145 Old Mount Holly Road City Charlotte State NC Telephone Number (704)399-8457 County Mecklenburg Zip Code 28130 2, Standard Industrial Classification (SIC) code(s): 4226 3. Number of employees: 2 4. Principal product(s) produced: Refined petroleum products are managed (but not produced) Principal raw material(s) consumed: Refined petroleum products are managed (but not consumed) 5. Principal process(es):Storage and distribution of bulk petroleum products 6. Amount of principal product produced or raw material consumed per Day per Month per Year List specific amounts consumed and/or units of production Product Produced or Raw Material Consumed (AVERAGE) 4824 barrels 146,745 barrels 1,760,934 barrels 7. Check here if discharge occurs all year X , or Circle the month(s) in which discharge occurs: Product Produced or Raw Material Consumed (PEAK) 6120 barrels 186,154 barrels 2,233,848 barrels January February March April May June July August September October November December Days per week discharge occurs: 1 on average, but potentially 2-3 times during rainy weeks NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. - N/A, facility only has one outfall and process. Page 1 of 2 Version -6-99 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) 8. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Sanitary - daily average Cooling water, etc. - daily average Process water - daily average Maximum per operating day for total discharge (all types) Flow (GALLONS PER OPERATING DAY) 0 5,000 (on days when discharge occurs) 11,000 (on days when discharge occurs) Volume treated before discharging (PERCENT) 0 Estimated < 10% Estimated < 10©/©* * only the amount crossing the loading rack is treated via the oily water separator 9. 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 0 gpd B. Underground well 0 gpd C. Septic tank 0 gpd D. Evaporation lagoon or pond 0 gpd E. Other, specify 0 gpd 10. Number of separate discharge points: 1 (outfall 001) 11. Name of receiving stream(s):Unnamed tributary to Paw Creek 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 copper None of the above * Note: Residual chlorine is only possible if chlorinated water supply is used for hydrostatic testing, and should therefore not be included in routine monitoring for stormwater discharge. 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. Rob Hawksworth Director — Safety, Environmental and Training Services Printed name of Person Signing Title Signature of Applicant 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 $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 2 of 2 Version —6-99 February 22, 1999 Williams. Energy Services One Williams Center P ©, Box 3448 Tulsa, Oklahoma 74'O1 918/588.20G0 To Whom It May Concern: I hereby delegate authority to Steve Monn, Senior Environmental Specialist, to be an authorized representative of Williams Energy Ventures, Inc. for the purpose of environmental compliance reporting and related environmental issues at terminals owned and operated by Williams Energy Ventures, Inc. This delegation shall be effective as of the date shown below and shall continue until notification of cancellation. Effective date: February 22, 1999. Steve Ball Senior Vice President & General Manager Operations & Technical Services NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor DIVISION OF WATER QUALITY August 10, 2001 Mr. Steve Monn Williams Terminals Holdings, L.P. One Williams Center Tulsa, Oklahoma 74172 Subject: NPDES Permit No, NC007470.5 Charlotte/Southern Facilities Terminal Mecklenburg County, NC William G. Ross Jr., Secretary Dear Mr. Morin: Our records indicate that NPDES Permit No. NC0074705 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 4 and 5, Pages 4 and 5 set 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. 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 all 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: 704-663-16991 FAX: 704-663-60401 Internet: www.enr,state.nc,us/ENR/ An Equal Opportunity / Affirmative Action Employer - 50 % Recycled / 10 % Post Consumer Paper Mr. Steve Monn 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 S25,000 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 AAA NCDENR Mr. Steve Morin Williams Terminals Holdings, L.P. One Williams Center Tulsa, Oklahoma 74172 Michael F. Easley Governor m G. Ross, Jr., Secretary North Carol' nt and Natural Resources Kerr T. Stevens, Director Division of Water Quality July 30, 2001 A U G 0 9 2001 TER ILITY SECTION Subject•. Issuance of NPDES Permit NC0074705 Charlotte/Southem Facilities Terminal Mecklenburg County Dear Mr. Monn: 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 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 are detected, you may submit a request to the Division that this sampling requirement be eliminated. • The phenol monitoring requirement was removed from your permit. This is a requirement for facilities discharging to water supply waters and was incorrectly applied to this permit. • 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. The Division believes that monthly monitoring of benzene, toluene, ethylbenzene and xylene (BTEX) is not excessive. Semi- annual monitoring through EPA Methods 624/625 does not provide the Division with sufficient data to assess the risk of effluent from your facility exceeding the water quality criteria. Should the effluent samples at your facility continue to indicate non -detects for BTEX compounds, you may submit a formal request to the Divison for a modification to the permit reducing the monitoring frequency for these compounds. Additionally, all NPDES permits for oil terminals from this point onward will carry a monitoring requirement for MTBE. Very little data are available on this contaminant; given that it is a potential public health concern, the Division would like to monitor the concentrations of MTBE in all such discharges. 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 15013 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. Since cc NPDES Central Files Point Source Branch Compliance and Enforcement Unit Mecklenburg County Department of Environmental Protection 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 NC00074705 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 (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, Williams Terminals Holdings, L.P. is hereby authorized to discharge wastewater from outfalls located at the Charlotte Southern Facilities Terminal 7145 Old Mount Holly Road north of Charlotte Mecklenburg County to receiving waters designated as unnamed tributary to Paw Creek 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 S erector Divisi of Wa r Quality By Authority the Environmental Management Commission Permit NC00074705 SUPPLEMENT TO PERMIT COVER S LE,ET Williams Terminals Holdings, L.P. is hereby authorized to: 1. continue to operate a water pollution control system consisting of an oil/water separator a carbon filter a holding tank located at the Charlotte Southern Facilities Terminal, 7145 Old Mount Holly Road, north of Charlotte, Mecklenburg County, and 2. discharge from said treatment facility through Outfall 001 at a specified location (see attached map) into an unnamed tributary to Paw Creek, a waterbody classified as C waters within the Catawba River Basin. Latitude:35°16'42" N Longitude: 80'55'30" W Quad # F15SW/Mountain Island Lake Receiving Stream: UT to Paw Creek N 0074705 StreamClass:C Williams Terminals Holdings, Subbasin: 30834 L.P. NOT TO SCALE Permit NC00074705 A. (1.} EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and Iasting until expiration, the Permittee is authorized to w. discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Month x.A era Flown TotaFSuspended Solids Oil and Grease2 Turbidity3 Benzene 1 aluene Ethyl Benzene Xyfene MTBE EPA Methods 6241625 Acute Toxicity4 45.0 mg/L 45.0 mg/L :KK NI O ING. QU -"Episodic Monthly Monthly Quarterly Monthly Monthly Monthly Monthly Monthly Semi-annually Annually Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Eft uent 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 should be monitored with 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, Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A.(2.)]. 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 71.4 µg/1 and toluene concentration is less than 11 µg/l. Permit NC00074705 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (2.) ACUTE TOXICITY M©NIT©RING (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. PART I (continued) 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. 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 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" Means the Division of Water Quality, Department of Environment and Natural Resources. . 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. 5. Mass/Day Measurements 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. 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 1 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. g. 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. 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 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 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 age 3 of 11 S. 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 he 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 he 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) ofthe 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)] 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. Penalties for Class 11 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 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. 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. Part II Page, 5of11 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. 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 6of11 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; Tide 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. 7of11 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 Per for bypass, unless: ssuing Authority may take enforcement action against a permittee (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 2II, .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 he 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: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements 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 I 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 usc 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. 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 pertnit; 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 II Page 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this perrnit. 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. 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 H, 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 41 of 11 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. 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 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. of wastewater:treatment fad:hoes, „or 't Qf process Utilized at the 'tr a m.er ntPin aril Sic t o t the 'Divis ©n of 'Wort r Quality' aid w itt r a t 1u .it t0 Cons het ber N BC 2H sch farm (60) d ys 0 ng,Auth ri stewat d sp altern ' ot. gverr ted by the Divis atlo ythe 1 ision, PART TV NG AND CGM. REQUIREMENTS ust Pay twat adnu d by the Division. Failure to pa (b)(4) May case thist*Division to i N TOWN State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 22, 1999 Ms. Courtney Baugher William Energy Ventures, Inc. Post Office Box 70 Tulsa, Oklahoma 28603 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MQ� 999 Subject: Letter to Require Effluent Turbidity Monitoring Permit No. NC0074705 Charlotte Products Terminal Mecklenburg County Dear Ms. Baugher: As you are aware, the turbidity monitoring requirement was eliminated from your permit upon renewal in August 1996. Although turbidity monitoring was eliminated, total suspended solids (TSS) monitoring with a limit remains in the peiinit. It was the Division's contention that should monitoring data indicate TSS problems, the state has the option of enforcing the instream standard for turbidity. However, the EPA is still concerned with the removal of the turbidity monitoring requirement from several oil terminal discharge permits. The following paragraphs address that concern. During the research phase required for permit development, it was noted that the 14 permits in the Paw Creek area had vastly different requirements for solids measurements. Peiiiiits contained any combination of total suspended solids (TSS), turbidity, and settleable solids monitoring and/or limits. In an effort to provide consistency, TSS, turbidity, and settleable solids results from six oil terminals in the Paw Creek area were examined from July 1994 through September 1995. Results showed that TSS and turbidity exhibited similar trends. Both pollutants appeared to increase and decrease at the same time. In addition, for the period examined, there were no turbidity violations, although there were a few TSS violations. These data resulted in the Division questioning whether monitoring was necessary for both solids parameters. Was there an added benefit to requiring turbidity monitoring in addition to TSS monitoring? The Division concluded that turbidity was correlated with TSS results, and thus, only TSS monitoring with a limit was required. In addition, North Carolina has a water quality standard for turbidity. Therefore, although turbidity monitoring is not required in the discharge permits, the State still has the authority to enforce the instream turbidity standard. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Ms. Baugher February 22, 1999 Page 2 Based on concerns regarding anti -backsliding, the EPA requested the Division re- examine the basis for the elimination of turbidity monitoring for 12 of the 14 Paw Creek oil terminals that were required to monitor for turbidity prior to the most recent permit renewal. This second examination of the data showed that there were turbidity standard violations since the last analysis at several of the oil terminals. The Division will investigate the causes of these violations to determine what steps may be necessary to control solids levels at these sites. Therefore, the Division acknowledges that its second evaluation resulted in a different outcome from the initial investigation and agrees that turbidity monitoring should be added to the discharge permits for several of the oil terminals. This letter serves as the official notice that quarterly turbidity monitoring will be required at the facility effective March 1, 1999. If monitoring data show a reasonable potential to violate water quality standards, then limits will be imposed upon renewal. If you have any questions concerning this change, please contact Bethany Bolt at (919) 733-5083, extension 551. cc: Central Files U Sincerely, Preston Howard, Jr,, P.E. ater Quality Section Point Source Compliance Enforcement Unit SOC PRIORITY PROJECT: Yes No X To: Permits and Engineering Unit Water Quality Section Attention: Mark D. McIntire Date: March 21, 1996 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0074705 MRO No. 96-064 PART I - GENERAL INFORMATION 1. Facility and Address: Conoco -Charlotte Products Terminal Gulf Coast Business Unit Conoco, Inc. One Lakeshore Drive, Suit 1000 Lake Charles, Louisiana 70629 2. Date of Investigation: 03-21-96 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: Mr. Mark Bowen, Terminal Manager, (704) 399-8457 Directions to Site: From the junction of r'reedom Drive (Highway 27) and Old Mount Holly Road (SR 1619) in northwest Charlotte, Mecklenburg County, travel east on SR 1619 about 0.75 mile. Conoco -Charlotte Products Terminal is located on the right (south) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 16' 42" Longitude: 80° 55' 30" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: F 15 SW USGS Quad Name: Mtn Island Lake 7. Site size and expansion are consistent with application? Yes. 8. Topography (relationship to flood plain included): Sloping south toward an unnamed tributary to Paw Creek at the rate of 3 to 5%. The site is not in a flood plain. 9. Location of nearest dwelling: No dwellings within 1,000 feet of the site. 10. Receiving stream or affected surface waters: Unnamed tributary to Paw Creek a. Classification: C b. River Basin and Subbasin No.: 03-08-34 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a narrow and shallow drainage ditch. Some flow was noted during the inspection. Downstream users are not known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: Intermittent Discharge (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? Intermittent Discharge. c. Actual treatment capacity of the current facility (current design capacity)? Intermittent Discharge. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Existing facilities consist of containment dykes, an oilP7ater separator, a carbon filter, and a wastewater storage tank. Please provide a description of proposed wastewater treatment facilities: N/A. g. Possible toxic impacts to surface waters: Those typically associated with bulk storage facilities. h. Pretreatment Program (POTWs only): N/A. 2. Residuals handling and utilization/disposal scheme: No solid waste generated from this facility. a. If residuals are being land applied, please specify DEM Permit No.: N/A. Residuals Contractor: N/A. NPDES Permit Staff Report Version 10/92 Page 2 Telephone No.: N/A. b. Residuals Stabilization: PSRP: N/A. RFRP: N/A. Other: N/A. c. Landfill: N/A. d. Other disposal/utilization scheme (specify): N/A. 3. Treatment plant classification (attach completed rating sheet): Class I, see attached rating sheet. 4. 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 Grant Funds or are any public monies involved (municipals only)? N/A. 2. Special monitoring or limitations (including toxicity) requests: None. 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. Subsurface: N/A. Other Disposal Options: N/A. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? There are no known air quality and/or groundwater concerns. The facility stores a variety of fuel oil typically associated with bulk storage facilities. NPDES Permit Staff Report Version 10/92 Page 3 6. Other Special Items: None. PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the subject Permit be renewed as requested. Signature of Report Preparer Water Qua lityRegi+nal Supervisor z /q Date NPDES Permit Staff Report Version 10/92 Page 4 (7) (8) (1) Post Aeration • cascade....._._..............._...».._...».._...................................0 Cliffused or mshrdcsl.ca............ .............»......................._.......................•.........................• .2 (m) Reverse Osmosis. ............._................».......»........»............_.................................................5 ............ ..... . (n) Sand or Mlsed-Media Fikars • tow rate.. »......».........»..._. »...» . ».»....»....»...»...._.................2 NOmot _...._—......»...._..............».....»»................5 (o) Treatment promos's for remoaaI of metal or cyanide . are..».----.................-................1.....»5 (p) treatmsra processes tor removal of toxic materials ,her'tinstal or cyanide_.»».__.—.__.__.__.__.. ._.15 Sir'T ETREATMENT (a) Sludge Digestion Tank - Heated (artaeroblc)..» . .,. _._....... ._........._».__._...._....10 Aerobic ...-__-_..._...»....»»...._.—....»,_....»...._._...».»._.»...._»..»_..........».....................5 wUnheated (arrobie)� . ...»....».»_.....,._........._.__......._..»............ _.._._..._••••••.......3 Sludge Stabfuxatbn (chemical or there al)..._.»».__...._.»._......._....»_....».._»..._.............»....»........._.......5 Sludge Drying Beds • Gravity._....__»____.»_._...»».....»».__._»...—.»._»—......».»_._._.........2 Vacuum Assisted........__.»_..................».»...».....»........._.........»._............_.»»......._».__.............••••••..5 Sludge Elndation... ». ..».».........._.»..................»_.......».-.......»_._._ ...».»»....._...5 Sludge Conditioner (chemical or thettnat)...»,.,» ,...».»._.».»... »..»_ »» »... .......5 Sludge Thickener (gravity).- ... .... ........_...........»»»..._-....«»•«»... »...>..6 Dissolved Air Flotation Unit (not applicable to —a urr� ritad as(3HO)....•-.....--.».•-.»-»•--••..--•.•_••»»••.•-•...•e Mudge Das Utilization (including gas storage)... Sludge Holding Tank hinted ..»». ...». .... ...5 Nbnarrated ........ .. ».. ».......... ...»....»_.....»........_..................._»._._._.2 O) Sludge hdrerator (not hduding acivvat d carbon regeneration)....... »...-.............-..............-1.»__0 (k) Vacuum Fitter. Centrifuge. or Filer Press or other similar dewauring devices•.______.._________...____.10 RESIDUALS UTLIZATCNfDISPOSAL (hdudng Incinerated ash) (a) Lagoon. ....... .. ........... ........................»................................2 (b) Lard Application (suwaoe and subsuriac e) (gee dsllnhion 22a) by contracting to a land appeu4bn operator or landfill operator who holds the land application permit wlandil pemitt. ...... ». ...... .. ......................__....................2 c) Dedicated LaindWU(burial) by the p.mtttee d the wastewater treatment taelgty..._..-_»__.._._.._._.........3 (a) Chbrinetbn»...—._»._—»..»..._.»»»...»__.»».»..»..._._».»»......._»._».»»..»—..._._._._......».»..........5 (b) DechbrVution..»..-..-.».._....»....»..».»_»...»....»._....»..»»...—...__....»..»....................._.»......»............5 (c) Ozone..---------.».....».»._.__»»...........»».....».»....._.».».._.»......»........».....».....3 (d) Radiation. »• .. _ ».».».»5 CHEMICAL ADDITtf3hl SYSTE1vt(S) (sae def n iton f+b. 9) (rot appticrds to drrt+ical amfdkbrw trued as item (310f. (6)(a)(xl). (6)(a). (el(b), (7)(b). (7)(o). (oaf. (o)(b) or (9)(c) 6 points each: Ust.»..».»...»...__.......»__»................»»..»»....»_..»_.»»._».»—...—.».»».—_.».......-.».3 »»»»»».......»»»»_...»»»»..»...»»»_»».......»..»..».»__»»».._•..»..»».......»......_».......»..3 ....»_»»...»»»»»»owe ___»_»»....._..»..sow. _»_-._»».-.»»»»»»...»»»....»__...»_»» _....._.... S ..5 IAISCELLANEOUS (a) Hosing Po operation ib► domestic wsatews Effluent Flow Eot►altu kin Stags Dledurge (not applicable Starxi By Power Thermal Pollution Control Device... »_».�.»» .»..._» ............».�....».» »_» .... =...5 TOTAL P09 TS .» »» . »... . . ./ 7—, QASSFCATrt 7V FacAitis* having treatment processes for the removal of metal or cyanide will be assigned a minimum daas8katian of Claes IL FactrKiss MAng'reamer* protegees for the bbbt jcal remorsl d phoeplwns wS be aaelpred a niNnvm deaYioatbn of Class ni. y (2) A adopters' (3) Aeration. A Aeration. An actives umanaged (5) AS Stripping. A process sphere by physical means; or other similar processes which remove (I) Carbon Riormeration. The regeneration of exhausted carbon by the meabsorbed ',novelise; of a lumairCtes to provide etttrerrtety Mph (7) Carbonaceous Slags. A stage of washwats treatment designed Si achieve lecondaryr effluent knits; (I) Centrifuge. A nedanbal owls In which centrifuge/ torte is mad b repasts sonde from liquids or to separate liquids of Mewl denst..es; (9) Chemical Addition Systeme- The addition d chemical(s) to wastewater at an atppacauon point for purposes d Improving colds removal, pH ad)u'smsnt, alkalhtty oort►ol, etc.; tie capability to experiment with efferent eternlcais and different application points to achieve a specific result wl9 be considered one system; the capability to add chemical(*) to dual units evil be rated as one system, capability to add a chemical at a dlfforwl application points for different ©poses In the wit/meWino rated as separate Brio -tarn:( Sludge Condi dor ng. The add*bn 01 a chemical compound suit ae lime, ferric chloride, or a polymer to wet sledge to coalesce the refs prior b as application b a dswatarMo device; (11) Closed Cyeis Systems Use of holding pones or hairy tank* for corsalmerit of wastewater containing Inorganic. non -took materials from sod. gravel. crushed store o other simltar operations Such spawns shah carry a maximum of rim points regardless d pumping facilities or any other appunernnoes; (12) Combined Removal of Carbonaceous BOO and Nttrogsnous Removal by Mtr9kalbn- A single stage system required to achieve permit enrol Imits on BOO and ammonia nitrogen within the earns biological reactor, (13) Dechbrintbn The partial or corrplets rsductlon of residual chlorine in a liquid by wry chemise, or physical prows: (14) Den9rllcatlon Process. Tho conversion of mire.-Nrrgen to nitrogen gas; IDO 1 MILE 4000 5000 6000 7000 FEET T KILOMETER . 10 FEET . DATUM OF 1929 QUADRANGLE L +LAP ACCURACY STANDARDS rLO AIX1 80226, OR RESTON. VIRGINIA 22082 SYMBOLS IS AVAILABLE ON REQUEST TION ROAD CLASSIFICATION Primary highway, Light -duty road, hard or hard surface ............... improved surface - Secondary highway, hard surface _. ,.....,... Unimproved road............ 0 Interstate Route U. S. Route O State Route MOUNTAIN ISLAND LAKE, N.C. 35080-C8-TF-024 1969 PHOTOINSPECTED 1983 DMA 4854 IV SW -SERIES V842 t JV PII p l9 ttl++► '>+9ut1 L '9 u010tulgP 'uotdioips UN= 'dulC*js•Jle 'sdwnd `sVolvedss p puo e+nlslsuo0 su+ilsAS1 UCIPIPswed Ji1sMPuma%) 9 :swims @WNW 63oi1)04010 `t :.QJsyostp Ps* Pus 'plum ;Amu Jo seep .ot its•u4IMJI Isgwsyo /Assl©lu 'uO P UIIIP '«lurid 'suootlq llulwRsq IInnAu+ea+d p (uo eupsjsuoo sums.lg uoo! rl :baRpsiP pomp put 'slum mdsi p iquo Iia+tisfsucc swslIAS AIM PuoSoluvl o1dr9 uoipsJsdls Ivisid p puo 6ulptsuoo *w. A Jo3LideS »1LNi10 `t esp-Aqasso s uo uotssiwwoo IJA Aq uoi sJsptsuao Llnba o$ 'xgdwao TJM .u0901019.111P I'go i PeU1s sq IRIP swept' e+I+wopoi NOU.VO dISSVO Janata /d itEruriu gl31VM3LSVM •e11s PigsuSliip s uo qOs IispnJtuJetJJoo JO slenPI J '1p pOSo!4 p uc1909dcle Purl 't GsP104 Mw id 01 Alua alddV) Nouraussrio s i ccs / NC3LLV31lddY ONVI •uol*szuilJia pump lgsiJdoidds us y1Us Jo3.Jido us •Jinbsi ma pus wiwsis Quiiu sutod IIsus ilueuodwoa illy' j0 sum III Je3:Mi'ssJs j0 'Yiwie ns14 'luonl3ulsset0 iAOQs AtussIssm p MOP! Aside I0.I1uso si ili ustnn1 ia1u+010 u0I3Oliulsip s.op.edei lepa IO JosdeOJeiuydtJ3 es,o 6 smug pules sckund quirt dwnd mluel o13t1is suootiq I Qt '9 9 9 g ( EC uWwiNP) lu•wl1SJ4 AJiWuINJ4 't VONisVi Win p WINO IsCLLNOU.V00 AVlJdB sip Qutsn pegs, es (Ia ©S uOJUUPPs ut :Rsob1P pus guicumeo i seJsynsgns smssi d :Issodst) pus 3uew3„J1 sosvnsgns A1tAIJ8 L u otendei JliilM/Ilo 9 Joichnooluvctiq emu. 9 Lew puss 't suuprts emsop-dlrld JO uoydts `c quit duwnd sliuq *tides L (AID oRn shun Ns 1p•413) NCILVOL4EISY1033VMiS91,91 NULLVUGISSYTU rsok i icireDG atilt S3NriNciurviatiuN A.uPittoC]Fi1j SNVl OU.d3S AO ATb SVB1SAS )NVL OUZ1S OSW NOU.Y3ldiSSY10 dC7 3SC'9d1if1d 3 U.1 IMIWlY3di 3LSVM C1311309N0" jd iC Nm I tY)-b NaLaraxid iVEEusric t1 d[3 .L. d ITO sisV ICIHMINEAPicir103 MollC13.LVB i QNY 9ssaJ1Andti ..........................., ......-.........-6..........,.................1.......,....... �..w... ...»........ ......w.«•.......�. ,.........,•.•......... Z1 :slulod le%ol uolleorlddy pUfl :euoydelel JU III II uo11e6IJJI Acids :epee eol)J© Ie�luFv3 (sup ej ii ) :uopenssisto JelEMelseM nsgnS :(s)uolleoljlssel3 xoey3 :0d© 93440 leuo16ed ide© 141111011 j :euoydelel 'oN Jed`Ide 41IEeH bM'oN '1Ad . :euoydelel :euoydelel :euoydelel e© 64 9/- f AI imu 6u!is pc3 A4!1199 j me :euoydelel PuON #TAW :Aq poMe!Aed :Aq paled 000N 'oN 'Jed S3©dN :uolleol;keel' IuesOJd :Jtlunoo :sseJppr BuIIIe d :uosJed laeluo3 JO JeuM° JCr7l(F�1 :41p1!j jo OWE SW31SAS 10d1NO3 N©L.LA l©d H31YM AO N©ILYOI4ISSY13 Id04 31d3S ONIldd The following scale is used for rating wastewater treatment facilities: (circle appropriate points 11) (2) (3) (4) ..2 b) bona! Tank .�.._..............__......._......_.._........._._%•I*._.45 Tank. (e) Prknaty cl+rti.ne . ........_. _. .. _..._.. .. ._ _ _.hands..."--rig .........sees. sees.. _...._..._.._»...3 (d) Sorting Ponds r Settling T.nb for Inorganic Nontask Materiab (sludge hand0 ng facuklss for water purification plants, sand, gravel, bons, and other minim operations except recrsational'ctivilse such as gem (5)or gold SE{X3tE1V1FtYTFf�TbB mining)... (a) Cjrbortacn.ous �Ae (Iration-Nigh Purity Oxygen Synem.. —...............2 0 Mechanical Air Swim (Axed. fbaing or rotor)_.___ �...._, -2 S.p.rato Sludge Rea.Tallcm._..»__...»____.... ......................... ._ .....,............»....»...». High.._....._. •••••••*/......_.........._._. .....••14••..._..._...... StandardRai._....._.. ....__.._..........».. ._._..._.»._... ......._._..._._a PackedTower ._ ..._....._.._........ _..........._ ................5 S bbgkal Aerated Fier or Aerated Biological Filer .__.10 United La90p0ne.. •••••• .._.................� ._._......•._._......_......._.10 Aotalal C rIs on biological.- _..._.»._..._._......_•....._.».._.«_.«.....»_- ..._ •µ••• 10 • d ars ent Recirculating biological. — Stabilization Lagoons ___..__..•__._.-- __••._---•••_•••_•__ __......3 Single stage system for aoeblned carbon.0eons removal d S©0 end nitrogenous removal by nluttkat on (s.• d.fhtion No. 1m(Poiras for des awn Mn to pe et addition to Isms (5)(a)(1) through (5)(a)(vlll). trtibtng the emended aeration process (see d.fardon No.aa) ........-....- milking other than the ezt•rd.d ..ration process.,. (x) bottlers addlicxts to whence BOE removal. (xiMvoperous StapeBbbpkal Culture (Super doge)a dMbn............__._»...._.»,._........._............_...._.3 (I) Aeration - Mph Puny Orygsn System- 90 Dibresd Air Syaum._.._._--- . __.. _ ._-_.......•__......._.._10 Mechanical Alr Sysl.m pad. iodine or rotor)_ •a l oparolo Sludge Reseration.__ .,»...,_M_—, Trkdtiing Fiter•High Rata.. ..._.......7 S tandard Rat....... .. »...•....». — . ......_..»..a Packed Tower.._.._.......».«.......•.,........w .. _.5 cal Masted FINK or Mrslsd Biological Fbtef.. .10 SNbutng Biologksi Contactors..._.__..._................_.._�._.._..._._..._._.__ 10 Sand Flier • inarmin.nl biological......_..._._..__...._......»...•._«^ &a....._ •••••2 Recirculating biological (vl)) Owner. — TERWIY OR ANANCEi'mown __SP___ ei (a) mdvaioi Caton without carbon tsgsneresbet.._.._..._ with carbon rspereration . ___. ... Powdered or Granular Agitated Carbon Fad Ithoul carbon r..nsrmtion—... WU carbon regsneradon.._.» Air shipping— --__... ITEM POINTS Industn1i Pr.Ir.atm.nt units or Industrial MetrNtm•rs Program (••e definition No. 33)._............................».................a (DESIGN FLOW OF PLANT IN grid (rot amicable b ron-aoraaminat d cooing asters, akrdge handing Iaeaiis for wafer purification plants. totaly dosed cycle spitin (as• dsfknklon No. 11), and IadWties consistirc only of tam (txd) or Mnt. (4)(d) and (11)(d)) 0 • 20.000 ....._..._....._..............__..»........._._...__....._.«.»»._ ..........._............•••••• 1•111 20.001 • 00.0127.__........_...».........................._......................_............»....._..»_.__.»_ ...... •0.001 • 100,000....._.._......_.•••••.•_._._...._...._.._...._ ._......_..._...._._._.........»....•••»......3 100,001 • 250,000................»..............._............—..._....._...._..............._..•._...._..._....................A 250,001 - Ii00,000......................................__.....»._.»....._.....,.........._..»_...., . _..............._......5 500,001 • 1.000.000...... __._._ .................._....»._. ._._. sans _._...•—_•••••••_.._..._•._...._.............. A 1.000,001 • 2.000,000 .............».........-._sees .........................__.._.......__.._._..._._...._ _..........10 2.000.001 (and up) Mil 1 palm ad lbnwd fr each 200.00 ggrid capacity up to a maslnw'n ef __._._»_..70 Design Flow (pd ) fi,%t'itiv`tt PRELbINARY LPIrTS/PfIrWJCESSES (a.. delnebn (a) Ow Screens.........._....._._._..._..._.....____..._.........................«..._•••••.........._••••••._•....__........._..1 Of (b) Mechanical Screens, Static screens or ConwNnutkng 049/10119_—.__._._....__......._..._._.».__._._....._._.2 (c) Gd Romani.........................................._._._............._............_......._.........»............-..................... or (d) Ibdnsnicsi or Aerated Get Removal...---.--......-------.----.-.----.--......-- ...... 2 (•) Flow Mb.rrrtnp Device..........................._._........»....»...._......___..._..............»_........._._.»............•••.4,.1 (I) oinstrumsrntsd Flow Moasursnrnt....._... .......»_.... - .................2 (0) Pn.aratlon..._............._..._........».__.__................_.--....—.__..........._.......sees.__._»_.._.........._.....2 (h) Influent Flow Squab:Wm.roe .• .._....,.......__• ._._.»»• »• _.. ...................................................................... ••22 (I) Grease or 011 Separators •Gravlty._.—.___...._ ............. . ._seer.._..._ ._..__..._..._...._ . becharticaLMr R Dlesolwsd tsrion _—__»_.—__....__.._....___-.__..._..._....,....._.........._........... (() Precl+brrnatbn _ . ._...»__._...... »___-•___• ...__._....»__ ._..». PRf�MIRYTREATIIR WfTSIPIi�CESSES (a) Septic 'Tank (se. deflnithon No. 4)... (b) (b) ) PI) Dentrillaatbn Process E1.cirodatyais sees. — Foam Mparalbrt . , bn Echange_»_ • Lard Appicaibnof Trailed Men (see and other sYnaw mining operations) by Phosphorous Re __ moval by B10bgkai Processes (See defknitbn No. a)_..»____..........-------• Polishing Ponds • without ae►ation..... -- 2 with aeration--- _ sees.. _...... ....a .5 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 Ms. Courtney Baugher William Energy Ventures, Inc. P.O. Box 70 Tulsa, Oklahoma 28603 February 3, 1997 t Subject: NPDES Permit Modification NPDES Permit No. NC0074705 Charlotte Products Terminal Mecklenburg County Dear Mr. Baugher: On October 30, 1996, the Division of Water Quality issued NPDES Permit No. NC0074705 to William Energy Ventures, Inc. A review of the permit file has indicated that an error was inadvertently made in the permit. Accordingly, we are forwarding herewith a modification to the subject permit to correct the error. This permit modification is to the cover sheet. The modification corrects the permit expiration date. Please find enclosed an amended cover sheet which should be inserted into your permit. The old page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. These permit modifications are 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 this permit modification is 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. If you have any questions concerning this permit modification, please contact Jennifer Wolfe at telephone number (919) 733-5083, extension 538. Sincerely yours, cc. Central F Permits and Engineering Unit Facility Assessment Unit Aquatic Survey & Toxicology Unit Steve Jahnke, Williams Pipe Line Co. P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Preston Howard, Jr., P.E. Telephone 919-733-7015 FAX 919-733-0719 50% recycled / 10% post -consumer paper Permit No. NC0074705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL, RESOURCES DIVISION OF WATER QUALITY " pv, NATUR TV., )1 PERMIT FEB 6 l'67 TO DISCHARGE WASTEWATER UNDER 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, William Energy Ventures, Inc. is hereby authorized to discharge wastewater from a facility located at Charlotte Products Terminal NCSR 1619 north of Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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. The permit shall become effective February 3, 1997 This permit and the authorization to discharge shall expire at midnight on August 31, 2001 Signed this day February 3, 1997 Original Signed By (*id A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 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 Ms. Courtney Baugher William Energy Ventures, Inc. P.O. Box 70 Tulsa, Oklahoma 28603 October 30, 1996 I-1 NVI RON M ENT, In A Utti,. NALEAARLE R.I.N.OZ„*(),(11LIGN OCT 31 1996 MISIDN C,F ERNMANNAGGENt NutAgo?. KNLRESINILE REGIONAL MU Subject: Permit Modification -Name Ownership Change William Energy Ventures, Inc. (formerly Conoco, Inc.) Charlotte Products Terminal NPDES No. NC0074705 Mecklenburg County Dear Ms. Baugher: In accordance with your request received September 19, 1996, the Division is forwarding the subject permit. The only change in this permit regards ownership. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification 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. 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 Mangement Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Ms. Jennifer Wolfe at telephone number (919)733-5083, extension 538. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. Section 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 Permit No. NC0074705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, 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, William Energy Ventures, Inc. is hereby authorized to discharge wastewater from a facility located at CharlotteProducts Terminal NCSR 1619 north of Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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. The permit shall become effective October 30, 1996 This permit and the authorization to discharge shall expire at midnight on May 31, 1998 Signed this day October 30, 1996 Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET William Energy Ventures, Inc. is hereby authorized to: Permit No. NC0074705 Continue to operate an oil/water separator, a carbon filter and a holding tank for treating water from the petroleum loading racks and continue to discharge stormwater and hydrostatic test water from the diked containment areas through outfall 002 at a facility located at Charlotte Products Terminal, NCSR 1619, north of 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 Paw Creek which is classified Class C waters in the Catawba River Basin. ROAD CLASSIFICATION PRIMARY HIGHWAY HARD SURFACE LIGHT -DUTY ROAD HARD OR IMPROVED SURFAGkE HARD SURFACE SECONDARY HIGHWAY UNIMPROVED ROAD 0111110140, MOWN Latitude 35°16'42" Longitude 80°55'30" Map # F15SW Sub -basin 03-08-34 Stream Class C Discharge Class 73 37 Receiving Stream UT to Paw Creek Design Q episodic Permit expires 8/31/01 William Energy Ventures, Inc. Charlotte Products Terminal NC0074705 Mecklenburg County 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 Ms. Cindy Mueller Senior Scientist, Environmental Gulf Coast Business Unit Conoco, Incorporated One Lakeshore Drive, Suite 1000 Lake Charles, Louisiana 70629 Subject: NPDES Permit Issuance Permit No. NC0074705 Paw Creek Terminal Mecklenburg County Dear Ms. Mueller: NC. DEPT. OF ENVIRONMENT, HEALTH,' & NATURAL RESOURCES AUG 7 1996 DIVISMN GI ENVIRONMENTAL :RATIASEAIW MONESVKLE RENON/IL OffiCE In accordance with the application for discharge permit received on March 4, 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. Xylene monitoring has been included in the permit and 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. 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. cc: Central Files Mr. Roosevelt Childress, EPA Permits and Engineering Unit Mecklenburg County Environmental Protection Facility Assessment Unit Aquatic Survey and Toxicology Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-0719 50% recycled/ 10% post -consumer paper Permit No, NC4074705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, 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, Conoco, Inc. is hereby authorized to discharge wastewater from a facility located at Charlotte Products Terminal NCSR 1619 north of Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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 i A. Preston Howard,. Jr A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0074705 SUPPLEMENT TO PERMIT COVER SHEET Conoco, Inc. is hereby authorized to: N.C. DEPT. OF ENVIRONM w,NT, HEALTH.; & NATURAL RESOURCES AUG 7 1996 DIVISION BE ENVENMENIAL MANAGEMENT NEARESELLE RL6SNAL URGE 1. Continue to operate an oil/water separator, a carbon filter and a holding tank for treating water from the petroleum loading racks and continue to discharge stormwater and hydrostatic test water from the diked containment areas through outfall 002 at a facility located at Charlotte Products Terminal, NCSR 1619, north of 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 Paw Creek which is classified Class C waters in the Catawba River Basin. ROAD CLASSIFICATION PRIMARY HIGHWAY HARD SURFACE SECONDARY HIGHWAY HARD SURFACE LIGHT -DUTY ROAD, HARD OR IMPROVED SURFACE UNIMPROVED ROAD Latitude 35°16'42" Longitude 80°55'30" Map # F15SW Sub -basin 03-08-34 Stream Class C Discharge Class Stormwater Receiving Stream UT to Paw Creek Design Q episodic Permit expires 8/31/01 Conoco, Inc. NC0074705 Mecklenburg County Terminal Tank Facility A. ( ). EFFLUENT LIMITATIONS AND M©NiT©RING REQUIREMENTS Permit No. NC0074705 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge tormwater and hydrostatic test water from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as pecified below: Effluent Characteristics Flow t Total Suspended Solids Oil and Grease2 EPA Methods 624/625 Xylene Acute Toxicity- Dischar&e Limitations Monthly Avg, Weekly Avg, Daily Max. 45.0 mg/I Monitoring Requirements Measurement Sample Frequency Type Monthly Monthly Monthly Semi-annually Semi-annually Annually Grab Grab Grab Grab Grab Sample Location Effluent Effluent Effluent Effluent Effluent. 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. 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, 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/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: 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. 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 COND1I1ONS FOR NPDES PERMITS SECTION A. DEFINMONS 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 Carolina Environmental Management Commission. 4. Actor "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 11 Page 2 of 14 g• 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 conform 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. 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 Mew 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 Div 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 12. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the .Clean Water Act. A toxic polio y utant listed as toxic under Secti a Act. SECTION B. GENERAL CONDITIONS 1. 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 Ha • ous 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. Severabilior 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 Infomtiort 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. 1©. 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 ll 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 If, 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 1SA, 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 ail 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 tt 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 b. (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. 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. 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 ing 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 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. 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. 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 wastestrcam, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Bowing 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 A"i mNTION: 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 ll Page llof14 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. 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. 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. ticipated Noncompliance The permittee shall give advance notice to the Director of any planned chang facility or activity which may result in noncompliance with permit requiremen 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 s;ified 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 of this permit at the time monitoring reports are submitted. information listed in Part IL E. 6. of this permit. under Part II. E. 5 and 6. ports shall contain the Part II Page 14 of 14 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. 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. 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/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 III Permit No. NC0074705 E. ACUTE 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 (Pi►nephales pr©melas) 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 REQ 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. NC0074705 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, Conoco, Inc. is hereby authorized to discharge wastewater from a facility located at Charlotte Products Terminal NCSR 1619 north of Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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, 001 Signed this day DRAFT A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0074705 SUPPLEMENT TO PERMIT COVER SHEET Conoco, Inc. is hereby authorized to: 1. Continue to operate an oillwater separator, a carbon filter and a holding tank for treating water from the petroleum loading racks and continue to discharge stormwater through the diked containment areas at a facility located at Charlotte Products Terminal, NCSR 1619, north of 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 Paw Creek which is classified Class C waters in the Catawba River Basin. ROAD CLASSIFICATION PRIMARY HIGHWAY HARD SURFACE r SECONDARY HIGHWAY HARD SURFACE LIGHT.DLJTY ROAD, HARD OR IMPROVED SURFACE UNIMPROVED ROAD Latitude 35°16'42" Longitude 80°55'30" Map # F15SW Sub -basin 03-08-34 Stream Class C Discharge Class Stormwater Receiving Stream UT to Paw Creek Design Q episodic Permit expires 8/31/01 Conoco, Inc. NC0074705 Mecklenburg County Terminal Tank Facility A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit. No. NC0074705 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 he limited and monitored by the Permittee as specified below: Effluent Character Flow1 Total Suspended Solids Oil and Grease2 EPA Methods 624/625 Acute Toxicity3 Discharge Limitations Monthly Avg. Weekly Avg. Daily Max. 45.0 mg/I Monitoring_ Requirements Measurement Sample Sample Frequency Type Monthly Monthly Monthly Semi-annually Annually Grab Grab Grab Grab Location Effluent. Effluent Eflluent. Effluent Effluent Footnotes: Where no measurable discharge occurs, "no discharge" should he 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 he skimmed from the surface of a quiescent (calm water) zone. 3 Acute Toxicity (Fathead Minnow, 24-hour) Monitoring, Episodic, See Part 111, 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 71.4 ug/I and toluene concentration is Tess than I 1 ug/l. Part III Permit No. NC0074705 E. ACUTE 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 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. AAM Fathead 24 Version 3/96 State 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 March 7, 1996 Ms. Cindy Mueller Staff Scientist, Environmental Gulf Coast Business Unit Conoco, Inc. One Lakeshore Drive, Suite 1000 Lake Charles, Louisiana 70629 I'.(., DEPT. Oft 1,1T, HE A HUH, & MAP 14. i996 allif3lUO EffIlitrAlfATAf kliVEECIT filiN%VtLif REEILIAL tURCE Subject: Receipt of NPDES Permit Application Permit No. NC0074705 Renewal Paw Creek Terminal Mecklenburg County Dear Ms. Mueller: The Division acknowledges receipt of your NPDES permit application for renewal and $200 check (#3696250) received March 4, 1996. I am, by copy of this letter, requesting that the Mooresville Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. This application has been assigned to ,rne for review. If you have any questions regarding this application, I can be contacted at (919) 733-5083, extension 553. Mark D. McIntire, E.I.T. Environmental Engineer NPDES Group P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083/FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10°/0 post -consumer paper (corioco Cindy S. Mueller Staff Scientist, Environmental Gulf Coast Business Unit CERTIFIED MAIL #P 247 153 070 February 27, 1996 North Carolina Department of Environment, Health, and Natural Resources Water Quality Section Permits and Engineering Unit 512 N. Salisbury St. P.O. Box 29535 Raleigh, NC 27626-0535 NPDES Permit Renewal (NC6074705) Conoco Inc., Charlotte Terminal Conoco Inc. 2200 Old Spanish Trail Westlake, LA 70669 (318) 497-4730 Enclosed is a permit renewal application for the above referenced facility. This application consists of the following: Standard Form C Maps/Drawings Signature authority delegation letters Permit application fee payment (Check #03696250) If you have any questions regarding this application, please call me at (318) 497-4730. Sincerely, Plug Cindy <4ueller Staff Scientist, Environmental Gulf Coast Business Unit CSM F(JR AGEN(:" Lbt NORTH CAROLINA DEPT. OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER STANDARD FORM C - MANUFACTURING AND COMMERCIAL SECTION 1. APPLICATION AND FACILITY DESCRIPTION Unless otherwise specified on this form all items are to be completed. If an Item is not applicable indicate 'NA'. ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. Legal Name of Applicant (see instructions) Mailing Address of Applicant (see Instructions) Number& Street City State Zup Code Applicant's Authorized Agent (see Instructions) Name and Title Number & Street city State Zp Code Telephone 4. Previous Application If a previous appl canon for a permit under the National Pollutant Discharge Elimination System has been made, give the date of application. 101 102a 102b 102c 102d 103a 103b 103c 103d 103e 103f 104 Please Print or Type Conoco Tnc. On LAke Gk. Ls LA 7©62q One, Su► k. 1000 1-Ake- Char L s L} _7Dti.Z4 I8 4q7-q730 Area Number Code YR MO DAY I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. %ran R. Lc4I I ©1 s Printed Name of 'Person Signing 102e 1021 qC. 2 IG Authorized April YR MO DAY Date Application Signed North Carolina General Statue 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 or not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Facility (see instructions) Give tie name, ownership, and physical location of the plant or other operating facility where discharge(s) presently occur(s) or Wd occur. Name Ownership (Public, Private or both Public and Private) Check block if a Federal facility and give GSA Inventory Control Number Location: Number & Street City County Stabs 6. Nature of Business State the nature of the business conducted at the plant or operating facility. 7. Facility Intake Water (see instructions) Indicate water intake volume per day by sources. Estimate average volume per day in thousand gWons per day. Municipal or private water system Surface water Groundwater Other stv r m owite- Total Item 7 • If there is intake water from 'other, speedy source. Facility Water Use Estimate average volume per day in thousand gaDons per day for the following types of water usage at the facility. (See instructions) Noncontact cooling water Boiler feed water Process water (including contact cooling water) Sanitary water Other* Total Item 8 If there are discharges to 'other'. sPecitY If there is 'Sanitary' water use, give the number of people served. 105a 10Eib 105c 105d 105e 105f 105g 1091 1C6a 106b 107a 107b 1070 107d 107e ion 108a 108b 108c toad 108e 1061 108g 108h PUB fig PRY 1v-1.5 Old IN. 1-1o111 Rd. P.o. Box 9,1 Pau) Cre.t.k I 14 C., 28130 rn eckleAbara, NC. SIV (a frocvd +1"411.5fte F.e.41•011..4prootticks AGENCY USE 0. 32-0 thousand gallons per day thousand gallons per day thousand gallons per day \raw -its thousand gallons per day thousand gallons per day thousand gallons per day thousand gallons per day thousand gallons per day O. S GP thousand gallons per day thousand gallons per day thousand gallons per day people served FUR At NL:" USE Losses. Number )Volume Specify the volume of crater according b the volume per day in Number of Discharge Points Surface Water Sanitary wastewater transport systen Stomr water transport system Combined sanitary and storm water transport system Surface impoundment with no effluent Underground percolation Well injection Waste acceptance firm Evaporation Consumption Other Facility dischargers and volume Total Item 9 if there are discharges to 'other', specify, 10931 109b1 109c1 109d1 109e1 10211 109g1 109h1 109i1 1t79j1 109k1 10911 109m1 10. Permits, Licenses and Applications List all existing, pending or denied perrnits, li Issuing For Type of Agency Agency Permit or Use License b) N N'DE.S Total Volume Discharged, liko s.4-Million+ Gallons Per Day 10982 O. ©r+ 4 109h2 109c2 10902 10932 10912 109g2 109h2 109i2 109j2 109Ic2 109E2 O. 254 es and applications related to discharges from this facriity (see instructions) Date Date Date Expiration Filed Issued Denied Date ID Number YR/MO/DA YR/MO/DA YR/MO/DA YR/MO/DA 11. Maps and Drawings Attach all required maps and drawings to the back of this application. (see instructions) 12. Additional Information Item 112 Number Information r# FOR AGENCv LSE STANDARD FORM C - MANUFACTURING AND COMMERCIAL SECTION 1I. BASIC DISCHARGE DESCRIPTION Complete this section for each discharge Indicated In Section I, Items 9, that is to surface waters. Thee Includes discharges to municipal sewerage systems h which the waste water does not go through a treatment works prior to being discharged to wrface waters. Discharges to wells must be described where there are also discharges to surface waters from this feaNlty. SEPARATE DESCRIPTIONS OF EACH DISCHARGE ARE REQUIRED EVEN IF SEVERAL DISCHARGES ORIGINATE IN THE SAME FACILITY. All values for an existing discharge should be representative of the twelve previous months of operation. If this Is a proposed discharge. values should reflect best engineering estimates. ADDRIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. 1. Discha Serial No. and Name a Discharge Serial No. (see instructions) b. Discharge Name Give the name of dirge, if any (see instructions) c. Previous Discharge Serial No If a previous permit application was made for this dis- charge (Item 4, Section I) provide previous discharge serial number. Discha Operating Dates a Disargs Began Date If the discharge described below is in operation, give the date (within best estimate) the disicharge began b. Discharge to Begin Date lithe cscharge has never occurred but is planned for some future date, give the date the discharge will begin. c. Discharge to End Date If the discharge is scheduled to be discontinued within the next 5 years, give the date (within best estimate) the discharge will end. Engineering Report Available check if an engineering report is available to reviewing agency upon request (see instructions) 4. Discharge Location Name the political boundaries within which the point of cischaige is located: State County (If applicable) City or Town 5. Discharge Point Description (see instructions) Discharge into (check one) Stream (includes ditches, arroyos, and other watercourses Lake Ocean Municipal Sanitary Wastewater Transport System Municipal Combined Sanitary and Storm Transport System 2J1a 2©1b 231c 2a2a 2E12b 204a 264e Op MO YR MO Nor+ toilnw m ccktcnbta t�. STR ©L © OCE MTS MCS 234d 214e Agency Use FUR ACd:NC ' LSt DISCHARGE SERIAL NUMBER 00 Municipal Storm Water Transport STS System Well (injection) 0 WEL Other 0 OTH If 'other is checked, specify type 2tt5b Discharge Point - lat/Long. Give the precise location of the point of discharge to the nearest second Latitude Lorcillide Discharge Receiving Water Name Name the waterway at the point of discharge. (see instructions) disch is through an outfall that extends the s�eoretirte or is below the mean k,w e, complete item 8, Mar, - For Ace 2O7c 'ICY US Offshore Discharge a. Discharge Distance from Shore 20Ba b. Discharge Depth Below Water Discharge Type and Occurrence a. Type of Discharge Check whether the discharge is continuous or intermittent (See instructions) b. Discharge Occurrence Days per Week, Enter the average number of days per week (during periods of discharge) this discharge occurs. c. Discharge Occurrence- Months l 209c If this discharge normally oper- ates (either intermittently or continuously) on Tess than a y around basis (excludng shut- downs tor routine maintenance), check the months during the ye when the discharge is operating (see instructions) Complete Items 10 and 11 '!'intermittent' is checked in Item 9.a. Otherwise, proceed to Item 12. 10. Intermittent Discharge Quantity State the average volume per dis- j 210 charge occurrence in thousands of gales 11. Intermittent Discharge Duration and Frequency a Intermittent Discharge Dura Per Day State the average 1 211a number of hours per day the discharge is operating b. Intermittent Discharge Frequency State the average 211b number of cscharge occurren per day during days when discharging 12. Maximum Flow Period Give the time period in which the maximum ( 212 flow of this discharge occurs 35 DEG. tl + , MIN. IS SEC © DEG. S� MIN. 3d SEC Unnamed 4r1 a- -0 Pa, , ea. feet feet © JAN © APR © JUL © OCT Continuous ttermittent days per week [] FEB © MAY © AUG © NOV © MAR (� JUN © SEP © DEC thousand gallons per day hours per day discharge occurrences per day From JanfYlalt4) month month I=UH AUENC:Y USE 13. Activity Description Give a narrative description of activity producing this discharge (see instructions) 213a DISCHARGE SERIAL NUMBER ©© 541ra 4nd +awl 4cr o f t.+ru lu. K+ p MLA CA-% 14. Activity Causing Discharge For each SIC Code which describes the activity causing this discharge, supply the type and maximum amount of either the raw matenal consumed (Item 14a) or the product produced (Item 14b) in the units spewed in Table I of the Instruction Booklet.. For SIC Codes not listed in Table I, use raw material or production units normally used for measuring production (see instructions) a Raw Materials 214a 21 Maximum SIC Code Name Amount/D (2) (3 ) Unit Shared Discharges See Table I (Serial Number (4) (5) 4b b. Products 517 SIC Code (1 Name (2) Maximum Amount/D (Si &z©© Unit See Table I (4) Shared Discharge Serial Number (5) None. -OH AGENC" SE 15 Waste Abatement a Waste Abatement Practices Describe the waste abatement practices used on this dis- charge with a brief narrative (see instructions) b. Waste Abatement Codes Using the codes listed in Table II of the Instruction Booklet, describe the waste abatement processes for this discharge in the order in which they occur if possible, 215a 215b DISCHARGE SERIAL NUMBER 00I -E'r r- pr a sul ct, Pi shcc+, Prior -f r�4Se- . I>isaarc- -f,0v laachit rack. is 4rca i!t pi I/v3G'kr ssfara +w and ca.,- bon - I prior fv Ct kci sic- (1) Ps PAR (2) MADS©R (3) (4), (5) (6) (7) (8) (9) (10) . (11) (12) (13) (14) (15) (16). (17) (18) (19) (20) (21) (22) . (23) (24) (25) FUH r;G_NC'' LSE DISCHARGE SERIAL NUMBER 00) 16. Waste Check the box beside each constituent which is present in the effluent (discharge water). This determination is to based on actual analysis or best estimate.(see instructions) Parameter 216 Color 000t30 Ammonia 00610 Niirate 00620 Nitrite 00615 Phosphorus 00665 'Sulfate 00945 Sulfide 00745 Suttite 00740 Bromide 71870 Chlonde 00940 Fluonde 00951 Aluminum 01105 Anbamony 01097 Arsenic 01002 Beryllium 01012 Banum 01007 Boron 01022 Cadmium 01027 Calcium 00916 Cobalt 01037 Chromium 01034 Fecal oolitorm bactena 74055 Present Parameter 216 Copper 01042 0 Lead 01051 M O1Ck56 gar w6 Mercury 71900 Molybdenum 01062 Nickel 01067 Selenium 01147 Silver 01077 Potassium 00937 Sodium 00929 Thallium 01059 Iitanium 01152 I In 01102 Linc 01092 Aigicides' 74051 Lhlonnated organic compounds' 74052 Pesticides' 74053 Oil and grease 00560 Phends 32730 Surtacianfs 38260 Chlonde 50060 Aadioacuvity 74050 Present • Specify substances, compounds and/or elements in Item 26, Pesticides (insecticides, fungicides, and rodenticides) must be reported in terms of the acceptable common names specified in Acceptable Common Names and Chemical names for the In rer#ent Statement on Pesticide Labels, 2nd Edition, Environmental Protection Agency, Washington, D.C. 20250, June 1972, as required by Subsection 162.7(b) of the Regulations for the Enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act FUH ACU_NC;`1LE DISCHARGE SERIAL NUMBER 001 17. Description of Intake and Discharge For each of the parameters listed below, enter in the appropriate box the value or code letter answer called br (see instructions) In adcition, enter the parameter name and code and all required values for any of the hthbwing parameters if they ere checked in Item 16: ammonia, cyanide, aluminum, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). Parameter and Code 217 ow Gallons per day p Units emperature (inter) of 74028 emperature (summer 'F 74027 biochemcral Oxygen Demand (BOD 5-Day) mg1 03310 Chemical Oxygen Demand (COD) mg/1 03340 otal Suspend (nonfilterable) Solids mg/1 00533 Speuhc Conductance romhos/crn at 25°C settle able (residue) ml/l 03545 Matte Untreated Intake Water (Dairy average) (1) N A- NR NA Nth NA - NA NA NR influent dfluent- In-Plant Uatly Treated Average Intake Water (Daily average) (2) (3) N lv ci 000 NR NR NA N} NA - NA N t} N NH N� 2.8 NA Minimum Value E©bserveddor During Discharge Activity (4) 3 00 6.8 26 56 ©. 2 I7© LT©,©I • Other dscharges sharing intake flow (serial numbers) (see instructions) Maximum Value Observed or Expected During Discharge Activity (5) $, 8 2(© $% 8, v 17© L-r©.©I l-requency of Analysts (6 2130 213 N� 365 213© Number o' Analyses 23 NFF N� 23 NA 6rrb 6ra.b FOP AG_I\G 17. (Contd) Parameter and Code 217 O O5 t 05S0 ' DISCHARGE SERIAL NUMBER 001 Influent btflueni Untreated Intake Water (Daily average) (1) NA In -Plant Treated Intake Water (Daily average) (2) N NA 18, Plant Controls Check if the following plant controls are available for this discharge Alternate power source for major pumping facility Alarm or emergency procedu power or equipment failure Complete Item 19 if discharge is frorr coding and/or steam water generation and water treatment additives are used 19, Water Treatment Additives If the discharge is treated with any conditioner, inhibitor, or algrcide, answer the following: Name of Material(s) b. Name and address of manufacturer c, 0 nds added per ns of water trea 218 Daily Minimum Average Value Observed or Expected During Discharge Activity (4) (3) 219a 21E6 LT 0.05 0.11 L7 o.©S, 219c IJ APS ALM NA —Maximum Value Observed or Dui DischargeActivity (5) LTO.O (6) /a0 Number Analyses (7) �)H ACGENUY U5E d Chemical composition of these 219d additives (sae instructions) Complete Items 20-25 if there is a thermal discharge (e.g., associated with a steam and/or power generation plant steel mill, petroleum refinery, or any other manufacty ng process) and the total Dscharge flow is 10 million ns per day or more. (see instructions) 20. Thermal Discharge Source. Check the appropriate item(s) indicating the source of the discharge (see instructions) Boiler Slowdown Boiler Chemical Cleaning Ash Pond Overflow Boiler Water Treatment Evaporator Blovrolown Oil and Coal Fired Plants -Effluent from Air Pollution Control Devices Condense Cooling Water Cooling Tower Blowdown Manufacturing Process Other 21. Discharge/Receiving Water Temperature Difference Give the maximum temperature difference between the discharge and receiving waters for summer and winter operating conditions (see instructions) Summer Winter Discharge Temperature , Rate of Change Per Hour Give the maximum possible rate of temperature change per hour of discharge under operating conditions (seeinstructions) Water Temperature, Percentile Report(Frequency of Occurrence) In the table below, enter the temperature which is exceeded 10% of the year, 5% of the year, 1 % of the year and not at ell (maximum yearty temperature). (see instructions). Frequency of occurrence a. Intake Water Temperature (subject to natural changes b. Discharge Water Temperature 24. Water Intake Velocity (see instructions) 25. Retention Time Give the length of time, in minutes, from start of water temperature rise to discharge of cooling water. (see instructions) 220 221a 221b 223b 225 DISCHARGE SERIAL NUMBER ©©1 © BLBD © BCCL © APOF © EPBD OCFP o COND CTBD MFPR © OTHR °F °F °F./hour °F feet/sec. minutes 5% °F °F °F Maximum °F °F FUH AU =AC DISCHARGE SERIAL NUMBER ©©1 Additional Information ormauon STANDARD FORM C - MANUFACTURING AND COMMERCIAL SECTION III. WASTE ABATEMENT REQUIREMENTS & IMPLEMENTATION (CONSTRUCTION) SCHEDULE This section requires information on any uncompleted implementation schedule which may have been imposed for construction of waste treatment faOlities. Such requirements and implementation schedules may have been established by local, State, or Federal agencies or by court action. In addition to the following items, a copy of an official implementation scheclule should be attached to this igipfication. IF YOU ARE SUBJECT TO SEVERAL DIFFERENT T IMPLEMENTATION SCHEDULES, EITHER BECAUSE OF DIFFERENT LEVELS OF AUTHORITY IMPOSING DIFFERENT SCHEDULES (ITEM la) ANDIOR STAGED CONSTRUCTION OF SEPARATE OPERATIONAL UNITS (ITEM 1c), SUBMIT A SEPARATE SECTION III FOR EACH ONE. Ft) A NUY Ubt Improvements a Discharge Serial Numbers Affected List the discharge serial numbers, assigned in Section II, that are covered by this implementation schedule b, Authority Imposing Require- ment heck the appropriate item indicating the authority for the implementation schedule If the identical implementation schedule has been ordered by more than one authority, check the appropriate items. (see instructions) Locally developed plan Areawicie Plan Bairn Plan State approved implementation schedule Federal approved water quality standards implementation pLan Federal enforcement procedure or action State court order Federal court order 331a 331b c. Facility Requirement Specify the 3-character code of those listed below that best describes in general terrns the require- ment of the implementation 331c schedule and the applicable sbc- character abatement codes(s) from Table II of the instruction booklet If more than one 301d schedule applies to the facility because of a staged constructior schecirle, state the stage of con- struction being described hers with the appropriate general action code. Submit a separate Section III toreh stage of construction planned. D LOC DARE D BAS 0 sos was ENF CFIT EJ FED 3-character (general) New Facility NEW Modification (no increase in capacity or treatrnent) MOD Increase in Capacity INC Increase in Treatment Level INT Both Increase in Treatment Level and Capacity ICT Process Change PRO Elimination of Discharge ELI FUH ALILNC l6E Implementation cteduie and 3. Aciurt! Completion Dates Provide dates imposed by schedule and any actual dates of completion for irnplementation steps fisted below. Indicate dates as accurately as possible. (see instructions) Implementation Steps 2. Schedule (yr/Mo/Day) 3. Actual Completion (Yr/Mo/Day) a. Preliminary plan complete b. Final plan submission • c. Final plan complete d Financing complete & contract awarded e. Site acquired f. Begin construction g End construction h. Begin discharge i. Operational level attained 302a 302b 302c 302cl 302e 3021 302h 302i / /, 303a 303b 303c 303d 303e 30€31 Xg 303h 303i N. C. DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE ADDITIONAL REQUIRED INFORMATION APPUCATION NUMBER DISCHARGE SERIAL NUMBER REFER TO DIRECTIONS ON REVERSE SIDE BEFORE ATTEMPTING TO COMPLETE THIS FORM Parameter ((Code) � ) REMARKS: r-orm L ompl Untreated - Intake Water (Daily average) (1) in -Plant Treated Intake Water (Daily average) (2) Dat]y Average Minimum Value (4) Maximum Value (5) Number of Analyses (7) I certify that I am familiar with the inlorrnation contained in this report and that to eie best of my knowledge and belief such information is true, complete and accurate. ame of Autnonz gna re Sample Type Directions - For each parameter listed, complete the information requested in each column in the units specified according to the instructions given below. Cc &r n 1- Enter the daily average value of the stake water at the posit it enters the taclity. I1 intake water if from mom than one source, and enters the facility at separate entry points, the value Oven in column 1 should be weighted proportional to the quantity of flow contributed from each source. if water is treated before use, completion of this column is not required (see instructions for column 2). Values of intake are not required for mining activities. Coruna 2 • If all or part of intake water is treated before use, provide values br total intake here instead on in Column 1, Also describe briefly in item 26'addtional information,' the type of treatment performed on brake water (e.g., rapid sand filtration, coagulation, flocculation, ion exchange, etc.) and the percent of intake water contributing to this discharge that has been • Supply daily average value for the days when operating or is expected to be operating (a new Deity average values are to be computed by weighing the daily rtion to the daily flow. If a discharge occurs irregilarly, the in the column marked 'Daily' Average' should represent an average for the days the discharge actually occurs. Average be supplied for pH, specific conductance, and rameters (e.g , coliform bacteria). ns 4 and 5 - Supply minimum and maximum value observed (or expected for new discharge) over any one day when the discharge is operating. Column 6- Specify the average frequency of analy parameter as number analyses per number of days (e.g., '37 to three analyses performed every 7 days). If continuous, enter When analyses are conducted on more than one individual grab sample collected during the same day, the analysis frequency should reflect one analysis whose value is the average of the individual grab sample measurements. Average frequency should be based on an operating month. Column 7 • Specify the number of analyses performed at the average frequency specified in column 6, up to 365. Column 8 - Specify sample type as follows: G For grab sample (individual sample collected in less than 15 minutes). IC For composite sample * is to be replaced by the average number of hours over which the composite sample was collected. Composite samples are combinations of individual samples obtained at intervals overa time period, either the volume of each individual sample is directly proportional to discharge flow rates or the sampling interval (for constant volume samples) is inversely proportional to the flow rates over the time period used to produce the composite, NA If'C©NT' was entered in column 6. Analytical methods - Appendix A contains a their reporting levels, test descriptions, and references. The pa values can be determined either by use of the standard analytical methods as described in table A or by methods previously approved by the EPA Regional Administrator or Director of a federally approved State program (or their authorized representative) who has jurisdiction over the State in which the discharge occurs. If the test used is not one shown in table A, the test procedure should be referenced in 'Remarks* or on a separate sheet. If values ere determined to be less than the detectable limits (as determined by referenced standard analytical techniques and/or instrument manufacturer's literature), specify 'LT(Value of detectable limit)' in the appropriate space. For example, if the detectable limit is .005 mgf and quantities of less than this are determined, specify 'LT.005.' Do not enter descriptors such as 'NIL,' 'TRACE,' 'NEG,' etc. for this purpose. If It is your reasoned judgment that one or more of the required parameters is not present in the initial untreated or treated process water and/or the discharge, enter an 'A' (meaning 'absent) in the appropriate space. In order for values reported to be representative, it is recommended that they be based on from at least five to seven analyses of composite sampies(if applicable). Each of the composite samples should be obtained by compositing frequent samples in proportion to flow over an operating day. Samples should be taken during period of maximum production, if possible. If samples are taken at periods of less than maximum production, state in 'Remarks' the percent of maximum production that was obtained during the sampling period NiLYN •l � llilf✓ r" x . YAK/ • 7u• eut 1o.ae3 y�.aoN `a��olueya 'Dui 000uoJ Leukwal slDnpoJd saL;L1LDPJ u.aayvnos CCITY WATER 320 GPD Y SYSTEM 256 GPD LOADING RACK 64 GP© UNICIPAL SEWER SYSTEM TANK AREA,,, STORMWATER OUTFALL 001 SCHEMATIC OF WATER FLOW CONOCO INC. CHARLOTTE PRODUCTS TERMINAL 2/13/96 1HNK LkbENU GEODESIC OOME OCONE ROOF CHARLOTTE. N.C. TERMINAL TERMINAL DETAIL MTM (conoco Interoffice Communication To Distribution From J. W. Nokes Date July 29, 1994 Subject ENVIRONMENTAL AUTHORITY DELEGATION As Vice President, Conoco Inc., Refining and Marketing, North America, I hereby delegate signatory authority approval of the following environmental permits, reports, letters and questionnaires on behalf of Conoco Inc. to the General Managers, Gulf Coast, Mid -Continent, and Rockies Regional Business Units; Regional Transportation Managers; Regional Operation Managers; and Directors of Operations of the Gulf Coast, Mid -Continent, and Rockies Business Units, and to the Director of Chemicals and Specialties Fleet and Services and Fleet Operations Manager, Fleet Operations region. Signature authority is hereby granted for the following documents: • Hazardous and Non -Hazardous Waste Permit Applications, Reports and Notifications; • Air Permit Applications and Emissions Inventories; • National Pollutant Discharge Elimination System (NPDES) Permit Applications, Discharge Monitoring Reports (DMRs) and other information requested by the Permit Issuing Authority; • Environmental Protection Agency or State Regulatory Agency Questionnaires; • Environmental Protection Agency Spill Related Response Documentation; and, Department of Transportation Spill Reports. These authorities may not be re -delegated without the written concurrence from the Directors of Operations or Fleet Operations Manager, Conoco Inc., Refining and Marketing, North America, Transportation Department. All of the above signature authority approvals require the concurrence of Directors of Operations or Fleet Operations Manager, Conoco Inc., Refining and Marketing, North American, Transportation Department. Any issue not clearly specified in the above delegation of authority should be brought to the attention of the Directors of Operations or Fleet Operations Manager, Conoco Inc., Refining and Marketing, North America, Transportation Department. J. W. Nokes Vice President Conoco Inc. Refining and Marketing, North America (conoco Interoffice Communication To From Date Subject Distribution John Hartman, Larry Winder November 30, 1995 Environmental Delegation of Authority As Directors of Operations of Conoco Inc. and Conoco Pipe Line Company, Gulf Coast Business Unit, Regional Transportation Office, I hereby delegate signature authority approval of the following environmental permits, reports, letters and questionnaires on behalf of Conoco Inc. and Conoco Pipe Line Company to the Environmental Professional (Staff Scientist, Environmental) of the Gulf Coast Business Unit, Regional Transportation Office. Signature authority is hereby granted for the following documents: * Hazardous and Non -Hazardous Waste Permit Applications, Reports and Notifications; Air Permit Applications and Emissions Inventories; National Pollutant Discharge Elimination System (NPDES) Permit Applications, Discharge Monitoring Reports (DMRs) and other information requested by the Permit Issuing Authority; Environmental Protection Agency or State Regulatory Agency Questionnaires; Environmental Protection Agency Spill Related Response Documentation; and, * Department of Transportation Spill Reports These authorities may not be re -delegated without the written concurrence from the Environmental Professional (Staff Scientist, Environmental), Conoco Inc., Gulf Coast Business Unit, Regional Transportation Office. All of the above signature authority approvals require the concurrence of the Environmental Professional (Staff Scientist, Environmental), Conoco Inc., Gulf Coast Business Unit, Regional Transportation Office. Any issue not clearly specified in the above delegation of authority should be brought to the attention of the Environmental Professional (Staff Scientist, Environmental), Conoco Inc., Gulf Coast Business Unit, Regional Transportation Office. n Hartman ector of Operations Regional Transportation Office Gulf Coast Business Unit Conoco Inc. Larry Winder Director of Operations Regional Transportation Office Gulf Coast Business Unit Conoco Inc. ,Ccan©c© CONOCO INC PONCA CITY, OK 74602 N©. 0 9 2 5 0 62 31 Toi Citibank Delaware New Castle, DE FEBRUARY 22, 1996 Vendor Code: 083032R02 Exactly ***************$200.00** wee VOID AFTER 90 DAYS max Pay I��I�II„�I.Ih���hIuII��lIu��I�I���lIuuIuIisiII��l�I.uI To the NORTH CAROLINA DEPARTMENT OF Order ENVIRONMENT HEALTH & NATURAL Of RESOURCES PO BOX 29535 RALEIGH NC 27626-0535 36962500 ':033,100 2091: Vendor Code: 083032R02 Voucher Reference Invoice Date Company: 001 - CONOCO INC Invoice Number 1099 CD Gross Amount 387L5482u' ADJ CD VENDOR NAME: NORTH CAROLINA DEPARTMENT OF IN CASE OF QUESTIONS ABOUT THE FOLLOWING INVOICES, PLEASE CALL (318) 491-5246 S 0239030DC052E002 19960216 RQCLCR79480 200.00 m M • INQUIRIES ON ABOVE INVOICES SHOULD BE DIRECTED TO PHONE NO. LISTED ABOVE Ad ust .nt .00 Check No.: 03696250 Discount Amount TOTAL NET AMOUNT .00 t AmNount 200.00 $200.00 1099 CODES - R=RENTAL L=ROYALTIES P=PERSONAL SERVICES M=MEDICAL I=INTEREST F=FOREIGN VDR PYMT N=NET PROFIT D=PERMIT/DAMAGE G=PRIZES/AWARDS C=BWP REFUND/INTEREST B=BWP REFUND/MISC A=NON-REPORTABLE TYPES ADJ CODES - Q=WRONG QUANTITY P=WRONG PRICE C=WRONG CALCULATION M=MULTIPLE ERRORS F=CORRECTED FREIGHT CHARGES D=CORRECTED DISCOUNT T=TAX REMOVAL B=BACKUP WITHHOLDING OF 31% PER IRS REGULATIONS O=OTHER State 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 C. P. Bowie Conoco, Inc. 3500 Parkway Lane Suite 410 Norcross, GA 30092 Dear Mr. Bowie: September 3, 1993 SEP 1 0 1993 Subject: NPDE o. NE Southern Facilities Error correction Mecklenburg County b5OFFICF A review of the subject permit by the Division of Environmental Mangagement revealed an error in the effluent limitations page. The Acute Toxicity Testing Requirement was incorrectly listed as a Daphnia test. The test species should be Pimephales (Fathead Minnow). Enclosed please find the corrected pages. These pages should be inserted into your current permit and the incorrect page discarded. 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. 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 that this permit is not transferable. Part 1I, 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 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 Susan Robson at telephone number 919/733-5083. cc: Mr. Jim Patrick, EPA ce Compliance Central Files Kim Brantley Aquatic Toxicology Unit S' ce ely, reston i i`vird, Jr.; P.E. Director P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIiEMENTS FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Pe outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as s Effluent Characteristics Flow** Oil and Grease TSS Turbidity Acute Toxicity**** Benzene***** Toluene***** Ethylbenzene***** Xylene***** Lead***** Lbs/day Discharge Limitations Permit No. NC0074705 is authorized to discharge from ified below: Monitoring Units (specify) Measurement Mon. Avg. ©ally Max Mon. Avg. pally Max, Frequency Continuous 45.0 mg/I 2/Month 45.0 mg/I 2/Month * * * * * * 2/Month Monthly Monthly Monthly Monthly Monthly Requirements Sample Type Recorder Grab Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location E E E E 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, 24 hour) 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 a monthly basis thereafter, with one monitoring event occurring at the same time that the whole -effluent toxicitiy sample is collected. 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. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director C. P. Bowie Conoco, Inc. 3500 Parkway Lane Suite 410 Norcross, GA 30092 Dear Mr. Bowie: September 3, 1993 SEP 1 0 1993 �'15N�1 EF E}tlilMIEk i;,: ..:4:NT Subject: NPDESEriNlbp 4 giFFIE Southern Facilities Error correction Mecklenburg County A review of the subject permit by the Division of Environmental Mangagement revealed an error in the effluent limitations page. The Acute Toxicity Testing Requirement was incorrectly listed as a Daphnia test. The test species should be Pimephales (Fathead Minnow). Enclosed please find the corrected pages. These pages should be inserted into your current permit and the incorrect page discarded. 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. 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 150E 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 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 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 Susan Robson at telephone number 919/733-5083. cc: Mr. Jim Patrick, EPA ifitioresville Regional Office Compliance Central Files Kim Brantley Aquatic Toxicology Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer S ce ely, reston Fldvi'"rd, Jr.; P.E. Director Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post-co-isumer paper A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0074705 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. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample mpgl Mon. Avg. Daily Max Mon. Avg Pally Max. Frequency Type Location Flow** Continuous Recorder E Oil and Grease 45.0 mg/I 2/Month Grab E TSS 45.0 mg/I 2/Month Grab E Turbidity * * * * * * 2/Month Grab E Acute Toxicity**** * * * * Grab E Benzene***** Monthly Grab E Toluene***** Monthly Grab E Ethylbenzene***** Monthly Grab E Xylene***** Monthly Grab E Lead***** Monthly Grab 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, 24 hour) 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 a monthly basis thereafter, with one monitoring event occurring at the same time that the whole -effluent toxicitiy sample is collected. 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. State 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 August 20, 1993 C. P. Bowie 3500 PKWY LN, Suite 410 Norcross, GA 30092 'SItli OOP ticiORE5 itLE 993 Subject: Permit No. NC0074705 Conoco, Inc. Charlotte Products Terminal Mecklenburg County Dear Mr. Bowie: In accordance with your application for discharge permit received on January 27, 1993, 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 Ms. Susan Robson at telephone number 919/733-5083. Sincerely, Original Signed By Goteen H. Sullins A. Preston Howard, Jr. Director P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0074705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT C. n p, ucs, °gig Ax PERMIT c©Mmu TO DISCHARGE WASTEWATER UNDER THE A G 2 3 1995 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM fr+tAt 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, Conoco, Inc. is hereby authorized to discharge wastewater from a facility located at Charlotte Products Terminal NCSR 1619 north of Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek 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 September 1, 1993 This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day August 20, 1993 Original Signed By C©leen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0074705 SUPPLBM N ' TO PERMIT COVER SHEET Conoco, Inc. is hereby authorized to: 1. Continue to operate an oil/water separator for treating water from the containment dikes surrounding the above ground storage tanks for petroleum products located at Charlotte Products Terminal, NCSR 1619, north of 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 Paw Creek which is classified Class C waters in the Catawba River Basin. :24 000 4000 1 MILE 6000 7000 FEET MILOMETER RVAL 10 FEET TICAL DATUM OF 1929 KM. MAP ACCURACY STANDARDS ''''"A-©RAD© 80225, OR RESTON, VIRGINIA 22092 y`%0LS IS AVAILABLE ON REQUEST Coleco Lie. N/)1Es N©. NC OV 7"4 Hecklenbu(' Coup / QUADRANGLE LOCATION Primary highway, ROAD CLASSIFICATION Light -duty road, hard or hard surface...-..--.N....,. improved surface....,- - Secondary highway, hard surface .............. Unimproved road_-...__ 0 Interstate Route U. S. Route ( ) State Route MOUNTAIN ISLAND LAKE, N.C. 35080-C8-TF-024 1969 PHOTOINSPECTED 1983 DMA 4854 IV SW -SERIES V842 A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0074705 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. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow** Oil and Grease TSS Turbidity Acute Toxicity.*** Benzene***** Toluene***** Ethylbenzene***** Xylene***** Lead***** Lbs/day Discharge Limitations Units (specify) Monitoring Measurement Mon. Avg, Daily Max Mon. Avg. Daily Max, Frequency Continuous 45.0 mg/I 2/Month 45.0 mg/I 2/Month * * * * * • 2/Month Monthly Monthly Monthly Monthly Monthly Requirements Sample Tvpe Recorder Grab Grab Grab Grab Grab Grab Grab Grab Grab *Sample LocatioE E E 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 (Daphnid 48 hour) 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 a monthly basis thereafter, with one monitoring event occurring at the same time that the whole -effluent toxicitiy sample is collected. 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. 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 l 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. EM.0 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. 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 Il 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. 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 1 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 meant 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. 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. 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. . 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. 5everability. 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 perm 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. must apply for and obtain a new permit. 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 'iAEN"TENANCE 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 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 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/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 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 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. NC0074705 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 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. A. e pc in must pay the aanaal a• ®.° stc g dcompliance monitoring fee within 30 } days after being bill by the Division. Fail to pay the f in atimely finer Fn accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action o revoke the 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. PowerFailures. 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. 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. 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 A FI F.NTION: 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 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. Upset1 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 permit permit. d. Burden of proof. In any enforcement proceeding the pe has the burden of proof. 6. Removed Substances omplied with any remedial measures required under Part II, B. 2. of this s king to establish the occurrence of an 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 II 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 perrnittee 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 perrnittee 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 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. PartII Page 14 of 14 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. 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 m 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 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 LI. 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. SOC PRIORITY PROJECT: Yes No x If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Susan Robson Date: February 26, 1993 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0074705 PART I-- GENERAL INFORMATION 1. Facility and Address: Conoco -Charlotte Products Terminal Conoco, Inc. 3500 Parkway Lane, Suite 410 Norcross. Georgia 30092 2. Date of Investigation: 02-26-93 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: Mr. Mark Bowen, Division Manager; (704) 399-8457 5. Directions to Site: From the junction of Highway 27 and Old Mount Holly Road (SR 1619) near the northwestern outskirts of Charlotte, Mecklenburg County, travel east on SR 1619 about 0.75 mile. Conoco -Charlotte Products Terminal is located on the right (south) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 001: 35° 16' 42" Longitude: 80° 55' 30" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: F 15 SW USGS Name: Mountain Island Lake 7. Site size and expansion are consistent with application? Yes No If No, explain: N/A 8. Topography (relationship to flood plain included): Sloping south toward an unnamed tributary to Paw Creek at the rate of 3 to 5%. The site is not in a flood plain. 9. Location of nearest dwelling: No dwellings within 1,000 feet of the site. 10. Receiving stream or affected surface waters: Unnamed tributary to Paw Creek a. Classification: C b. River Basin and Subbasin No.: Catawba and 03-08-34 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a narrow and shallow drainage ditch. Some flow was noted during the inspection. Downstream users are not known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: Intermittent Discharge (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? Intermittent Discharge c. Actual treatment capacity of the current facility (current design capacity)? Intermittent Discharge 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: Containment dykes and oil/water separator. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A in development: approved: should be required: not needed: 2. Residuals handling and utilization/disposal scheme: N/A a. If residuals are being land applied, please specify DEM Permit No.: Residuals Contractor: Telephone No.: NPDES Permit Staff Report Version 10/92 Page 2 b. Residuals stabilization: PSRP: PFRP: Other: c. Landfill: d. Other disposal/utilization scheme (specify): 3. Treatment plant classification (attach completed rating sheet): Class 0, no rating sheet attached 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 Secondary: 37 Main Treatment Unit Code: 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. N/A Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other Disposal Options: Other Special Items: N/A NPDES Permit Staff Report Version 10/92 Page 3 PART IV - EVALUATION AND RECOMMENDATIONS Conoco -Charlotte Products Terminal of Conoco, Inc. operates as a wholesale distributor for refined petroleum products. The facility has seven (7) above ground storage tanks for storing gasoline, diesel fuel and kerosene, plus two small tanks for gasoline additives. The total storage capacity of the facility is approximately 158,190 barrels or 6,643,980 gallons. It is recommended that the subject Permit be renewed as requested by the applicant. ,(5/�-Tit Signature of Report Preparer Water Quality Rnal Supervisor Date NPDES Permit Staff Report Version 10/92 Page 4 000 l MILE 4 6000 7000 FEET 1 KILOMETER \L 10 FEET AL DATUM OF 1929 MAP ACCURACY STANDARDS OLORADO 80225, OR RESTON, VIRGINIA 22092 S\MBOLS IS AVAILABLE ON REQUEST 2.8 MI. TO :U.S. 74 1 INTERIOR Coavc© N©. NCOO74745 .6u1(elm QUADRANGLE LOCATION AL SURVEY, RESTON, VIRGINIA-19e8 511000m.E. ROAD CLASSIFICATION Primary highway, Light -duty road, hard or hard surface . _ ..._ _ improved surface Secondary highway, hard surface_....,.__......•---._. Unimproved road 0 Interstate Route U. S. Route } State Route MOUNTAIN ISLAND LAKE, N.C. 35080-C8-TF-024 1969 PHOTOINSPECTED 1983 DMA 4854 IV SW —SERIES V842 Rn FISSW ww� S State of North Carolina Department of Environment, Health and Natural Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Govern() Marcella Heim Conoco, Inc. 3500 Parkway Lane Suite 410 Norcross, GA 30092 Dear Ms. Heim Jonathan B. Howes, Secretary February 15, 1993 Subject: NPDES Permit Application NPDES Permit No.NC0074705 Charlotte Products Terminal Mecklenburg County This is to acknowledge receipt of the following documents on January 27, 1993: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $200.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of __Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Susan Robson (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, CC: esville Regional Office Coleen H. Sullins, P.E. 3.0 4-1 4.0 4-7 NORTH CAROLINA DEPT. OF NATURAL RESOURCES MD COMPLINITY QPMEKT ENV I RD!(MEN"I`AL MANAGEMENT C('!4I SS I ON , NATIONAL LUTANT DISCHARGE ELIMINATION SYSTEM G APPLICATIt` !R PERMIT TO DISCHARGERT F • e . to /e filed only by old other termercta 1esale and retell .trade iacla.dtM vessels • to this for 'Meat riebdi Plant prirat e*' trM ctM ttsci'►erM ON 000 I C (SO l HERN. FACILITIES �. Street oodress C. Ctty PAW CRE E. G. 45 `OLD T. HOL.LEY ROAD ECIKLENBURG (e) Check here 11 discharge occurs e11 yit (p) Check the month(%) llkcherpe occurs: 1. ©January 2.0 February 6.0 June 7.0July 1.011up+$t 11. 0 kovewber 12. ©Decomaer (c) How milky days per week: 1.*1* 7.0Z-3 harped o. stet• f. ZIP f.0 10.0 October 28130 * DISCHARGE ON AN IRREGULAR BASIS DEPENDENT ON.RAINFALL INCLUDES STORMWATER..FROM DIKE AND RACK WATER. RACK WATER IS TREATED BEFORE. DISCHARGE. 7. If any of the t treated. ore ilscM as applicable. C. Septic* tank A 1sc srpe points: C.O t•t 6. Awe of receiving water or waters .1©, toes your dischsrg1 contain or 1s 1t one or more of tM following substances activities, or processes: ammonia,. cymicki chromium, copper, lead, virtu • grease, and chorine (residual . A, yes t.O no 0.06 or mare UNNAMED TRIBUTA TO PAW CREEK rile to contain your operations. um, Cadmium, Is, •11 sad liCitiOn l certify that t of f umknowlewithan ballet such ition nformation i11 ts true�complete,umend d that to the best Ri' accurate. JANUARY 22, 199 Csrokna.«a. lse statezcat rpresegtation, or cextiiicatio then dsacu er�t ilea or required to be ¢aiata'.tn4 ranaes:tsl Maz a ezatnt otrr 8$ ©� i, Ianapctas that nov1y enders iriaccurata axay*racordfng or r t torlAs the lrnvir©z ental ated or t�sintsax�ed under A�t-alew 41:'©r. regv etzent1ng that hrCicle, a -half. bi '.L& tYof i t tedent*nor punishable a unisoth. hable (la lby by C. ,(N)r), or by iprS:s©nz f�ut-n©t to exceed mix menthe, ©rer 01 bot nrt nor* Chan misEent by a fine ornot more than $10,'3©0 or iiep a sinilar offense.) pars 0.on c21 or or vho fala or'nethod re know F d, repo ation ett to excee 10)1 pro7-_ or both, State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Vivian Burke, Regional Manager `DIVISION OF ENVIRONMENTAL MANAGEMENT August 25, 1993 Mr. C. P. Bowie Conoco, Inc. 3500 Parkway Lane, Suite 410 Norcross, Georgia 30092 Subject: NPDES Permit No. NC0074705 Conoco, Inc. Charlotte Products Terminal Mecklenburg County, NC Dear Mr. Bowie: Our records indicate that NPDES Permit No. NC0074705 was issued on August 20, 1993 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(s). Your discharge(s) 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 reporting 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 forms, 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, and the original and one copy be submitted as required. 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 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 O% post -consumer paper Mr. C. P. Bowie Page Two August 25, 1993 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 violation plus 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 Consent Order 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 transferable. If you, as the Permittee, cease to need this Permit, 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, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:sl DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM TO: Coleen Sullins THROUGH: Matt Matthews f^f\ FROM: Kristie Robeson August 27, 1993 p. [3. DEFT. OF NATURAL REAM N Cr.; AND NNW'.I I"LENT AUG 3 1 1993 Of Ault ESVILLE REGIONAL OFFICE SUBJECT: Conoco, Inc. -Charlotte Products Terminal NPDES Permit No. NC0074705 Mecklenburg County By cover letter dated August 20, 1993, the subject facility was issued NPDES Permit No. NC0074705 with an effective date of September 1, 1993, and expiration date of August 31, 1996. Upon review of the permit a discrepancy was noted in the required test organism and length of test: the M3 page of the permit specifies a Daphnid 48 hour test and Part III, condition E specifies a fathead minnow 24 hour test. This office recommends a 24 hour static test employing a fathead minnow as the test organism. Additionally, the information contained in the permit writing system may be incorrect. The correct citation for EPA reference document 600/4-85/013 is entitled "Methods for Measuring the= Acute Toxicity of Effluents to Freshwater and Marine Organisms." Part III, condition E cites the document as, "The Acute Toxicity of Effluents to Freshwater and Marine Organisms." I appreciate your assistance to undertake the necessary steps to modify the existing permit and incorporate the recommendations cited above. Should you have any questions, please feel free to contact me at 2136. Larry Ausley Central Files Permit No. NC0074705 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, Conoco, Inc. is hereby authorized to discharge wastewater from a facility located at Charlotte Products Terminal NCSR 1619 north of Charlotte Mecklenburg County g waters designated as an unnamed tributary to Paw Creek 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 This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day A. Preston Division o By Authority P.E., Director ental Management e Environmental Management Commission Permit No. NC0074705 Continue to operate an c h afe separator for trea water fro the n nt sunounding the above ground storagetanks for petroleum products located at Charlo Products Terminal, NCSR 1619, north of Charlotte, Mecklenburg County (See Part 11 Permit), and Discharge from said at ent works at the locatum specified on the attached unnamed tributary to Paw Creek which is classified Class C waters in the Catawba Raver Bas TE W /1 NW :24 000 1 MILE )0 4000 5000 6000 7000 FEET 1 KILOMETER RVAL 10 FEET TICAL DATUM OF 1929 NAL MAP ACCURACY STANDARDS '-`A.ORADO 80225, OR RESTON, VIRGINIA 22092 ti"RQLS IS AVAILABLE ON REQUEST C©'wec AVE-S No. NC ©0 74705 Heck/e7I'a y (Lin N C. QUADRANGLE LOCATION • INTER! OR--GEOLOGICA 510 ROAD CLASSIFICATION Primary highway, Light -duty road, hard or hard surface ....................... improved surface Secondary highway, hard surface- ................_..._ Unimproved road......... 0 Interstate Route U. S. Route State Route MOUNTAIN ISLAND LAKE, N. C. 35080-C8-TF-024 1969 PHOTOINSPECTED 1983 DMA 4854 IV SW -SERIES V842 R.0 � � CSW A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0074705 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. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow*' Oil and Grease TSS Turbidity Acute Toxicity**** Benzene***** Toluene***** Ethyibenzene***** Xylene***** Lead***** Lbs/day Mon. Avg, Daily BIscharge Limitations Monitoring Units (speclfyl Measurement Max Mon. Avg, Daily Max. Frequency Continuous 45.0 mg/I 2/Month 45.0 mg/I 2/Month * * * * * * 2/Month Monthly Monthly Monthly Monthly Monthly Requirements Sample Type Recorder Grab Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location E E E E 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 (Daphnid 48 hour) 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 a monthly basis thereafter, with one monitoring event occurring at the same time that the whole -effluent toxicitiy sample is collected. 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. I Part III Permit No. NC0074705 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 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. James G. Martin, Governor William W. Cobey, Jr., Secretary State of North Carolina Department of Natural Resources and Community 512 North Salisbury Street • Raleigh, North aTolina 27611 Division of Environmental Management January 12, 1989c_ , R. Paul Wilms Director Mr. L. G. Hubbard ,1:4114 3500 Parkway Lane, Suite 410 Norcross, GA 30092 tr Dear Mr. Hubbard: -4;99 Subject: Reques'f't6ij 4on or Waiver of Monitoring Requirements NPDES Permit No. NC0074705 Conoco, Incorporated Mecklenburg County In accordance with your request for Permit Modification received December 1, 1988, we are forwarding herewith modification to the subject permit. These modifications are issued to change the flow monitoring from continuous recording or weekly flow totalizer to weekly instantaneous. Please find attached a new Effluent Limitations and Monitoring Requirements page which should be inserted into your permit. The old page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. These modifications are 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. This permit modification becomes effective immediately, If this decision is 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 Stautes, and filed with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such a demand is made, this decision shall be final and binding. If you. have any questions concerning this permit, please contact Mr. Arthur Mouberry, at telephone number 919/733-5083. Sincerely, P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer A (1). FLU NT LIMITATIONS AND MONITORING REQUIREMENTS Final NPDES No. NC0074705 [luring 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(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations MonitoringRequirements Lbs/day Other Units (Specify) Measurement Sample *Sample DalAvg. DalDaily Avg. Daily Max. Frequency Tie Location. Flow Weekly Instantaneous E Oil and Grease 30.0 mg/I 60.0 mg/1 2/Month Grab E Settleable Solids 0.1 l/1 0.2 ml/1 2/Month Grab E Phenols 2/Month Grab E Turbidity F* ** 2/Month Grab E Acute Toxicity .4 * ; .* `** Grab E Benzene ** * Grab E Toluene ' " r'k' Grab E Xylene *;;.*;;. Grab E ** Sample locations: E - Effluent, ] -- Influent Samples taken in compliance witthe 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. The facility shall record the approximate time the discharge begins and stops during a discharge period. The permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not dischraged 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 (Daphnid 48 hour) Monitoring, Episodic, SEE Part III, Condition No. G ;;.; 4,4- Monitoring shall be conducted during the first five discrete discharge events after the effective date of this permit. The pH shall be 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 sample. NPDES WAS'1h LOAD ALLOCATION PERMIT NO.: NC0074705 PERMITTEE NAME: Conoco, Inc. FACILITY NAME: Charlotte Products Terminal Facility Status: Existing Permit Status: Renewal Major Pipe No.: 001 Minor C. VETT. 07 NATURAL ILF,SOf TRCES AND COMUN" "V 7)EVELOPMENT Design Capacity: Domestic (% of Flow Industrial (% of Flow): 100 % 1111010111.1E IBILINAL OFFICE JUN 1 0 1993 WISP% !,111.0.61.10.1q Comments: petroleum product storage terminal with containment dykes and an oil/water separator RECEIVING STREAM:an unnamed tributary to Paw Creek Class: C Sub -Basin: 03-08-34 Reference USGS Quad: Fl5SW County: Mecklenburg Regional Office: Mooresville Regional Office (please attach) Previous Exp. Date: 9/30/93 Treatment Plant Class: Classification changes within three miles: Requested by: Susan Robson Prepared by: Reviewed Wda Date: Date: Da/ •te- 4 Modeler Date Rec. Drainage Area (mi.2 ./ 7Q10 (cfs) 0.0 Winter 7Q10 (cfs) Avg. Streamflow (cfs): •0 0.0 30Q2 (cfs) 0,0 Toxicity Limits: IWC (Acu e Chronic Instream Monitoring: Parameters Upstream Location Downstream Location Recomrmndecl Limits TSS (mg/1): pH (SU): Oil & Grease (mg/1): Turbidity (NTU): Benzene (AO): Toluene (ug/1): Ethylbenzene (14/1): Xylene (j./1): Lead (p.g/1): Daily MaN, 45 6-9 45 50 monitor monitor monitor monitor monitor SPECIAL INSTRUMONS OR CONDMONS Mon, Freq. Jimo. a/rno. 3/rno, 1/mo. 1/mo, 1/mo, 1/mo, 1/mo. 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 sanifingl:Monitoring for all toxicants should be performed during the first five discrete discharge events (monthly 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). Comments: 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 WASTELOAD Al .I ()CATION Request # 7355 Conoco -Charlotte Products Terminal NC0074705 Industrial - 100%© Existing Renewal UT Paw Creek C 030834 Meckelenburg Mooresville 6 Robson 3/8/93 F15SW Stream C USGS # Date: Drainage Area (mi2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): C. D-r. © NATUR41 RESOURGES AND MM. 1 4 1993 iANI G OFFICE Est. 0.1 0.0 0.0 0.0 0.0 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit for stormwater discharge from oil and petroleum storage terminal. Technical Support recommends current SOP monitoring and limits with some vkcr St n in monitoring requirements for organics. Special Schedule Requirements and additional comments from Reviewers: Recommended by: Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: RN TO TECHNICAL SERVICES BY: Date: 5/8/93 JJN Date: Date: Date: 2 Type of Toxicity Test: Existing Limit: Recommended Limit: Monitoring Schedule: TOXICS Acute Episodic Monitoring (48hr Fathead Minnow) same as above same as above Existing Limits Daily Avg, Settleable Solids (mg/1): 0.1 pH (SU): 6-9 Oil & Grease (mg/i): 30 60 Turbidity (1 ['U): 50 Benzene (µg/1): monitor Toluene (µg/1): monitor Ethylbenzene (µg/1): monitor Xylene (µg/1): monitor *The turbidity in the receiving stream will not exceed 50 an effluent limit.) Recommended Limits TSS (mg/1): pH (SU): Oil & Grease (mg/1): Turbidity (NTU): Benzene (µg/1): Toluene (µg/1): Ethylbenzene (4/1): Xylene (4/1): Lead (41): Daily Max,. 0.2 Daily Max. 45 6-9 45 50 monitor monitor monitor monitor monitor (See page three for special monitoring requirments.) Limits Changes Due To* Change in 7Q1.0 data Change in stream classification Relocation of discharge Change in wasteflow New pretreatment information Failing toxicity test Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility infoinlation If7Q10=0, 50 NTU applies as Mon. Freq, WQJEL limo. 2/mo. 2/mo. /mo. 1/mo. 1/mo. 1/mo. 1/mo. 1/mo. Parameter(s) Affected TSS, O&G 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 No parameters are water quality limited, but this discharge may affect future allocations. MISCELLANEOUS INFORMA"1'ION & SPECIAL CONDI'1'1ONS Miscellaneous information pertinent to the renewal or new permit for this discharge. Include relationship to the Basinwide Management Plan. SPECIAL INSTRUCTIONS OR CONDITIONS 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 samcing: Monit©ring for all toxicants should be performed during the first five discrete discharge events (monthly 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). WASTELOAD SENT TO EPA? (Major) (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? (Y or N) If yes, explain with attachments. Facility Name Conoco- Charlotte Products Terminal Permit # NC0074705 Pipe # 001 ACUTE TOXICITY MONITORING (EPISODIC) The pemuttee 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 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 cfs Permitted Flow NOL MGD IWC 100 % Basin & Sub -basin CTB34 Receiving Stream UT Paw Creel County Mecklenburg EAM Fathead 24 Version 10191 NOV e of North Carolina Department of *IResources and Community Development 1 1 n of Enviibnmental Management 512 North Salisbury Street: • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. L. G. Hubbard 3500 Pkwy. Ln., Suite 410 Norcross, GA 30092 Dear Mr. Hubbard: October 31, 1988 Subject: Permit No. NC0074705 Conoco, Inc. Mecklenburg County R. Paul Wilms Director In accordance with youx application for discharge permit received on July 11, 1988, 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 i.n 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, D.3. 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 Ant:: or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Jule Shanklin telephone number 919/733-5083. Sincerekymellos4 AR` HUR K For R. Paul Wilms cc: Mr. Jim Patrick, EPA Y Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0074705 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 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 andregulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Conoco, Incorporated is hereby authorized to discharge wastewater from a facility located at to receiving waters River Basin Charlotte Products Terminal NCSR 1619 Mecklenburg County designated ns an unnamed tributary to Paw Creek in. the Catawba in accordance witheffluent limitations, monitoring regnirements, and othcr conditions set forth in. Parts I, II, and III hereof. This permit shall become effective November 1, 1988. This permit and the authorization to discharge shall expire at midnight on September 30, 1993. Signed this day. October 31, 1988. otioneisivecisy ARTHUR MOMERRY Fen R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0074705 SUPPLEMENT TO PERMIT COVER SHEET Conoco, Incorporated eby authorized to: Enter into a contract for construction of a wastewater treatment facility; and 2. Make an outlet into an unnamed tributary to Paw Creek; and After receiving an. Authorization to Construct from the Division of Environmental Management, construct: and operate a wastewater treatment facility located at Charlotte Products Terminal on NCSR 1619 in Mecklenburg County (See Part II:I of this Permit); and 4. Discharge from said treatment works into an unnamed utary to Paw Creek which is classified Class "C" waters in the Catawba River. Basin. A. () EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the Permittee limited and Effluent Characteristics Flow Flow Oil and Grease Settleable Solids Phenols Turbidity Acute Toxicity_ Benzene Toluene Xylene ** Daily Avg. Daily Max. NPDES No. NC0074705 period beginning on the effective date of the permit and lasting until expiration the s authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be monitored by the Permittee as specified below: Discharge Li.acitations Lbs/day Other Units (Specify) Daily Avg. Daily 30.0 mg/1 0.1 m1/1 60.0 mg/1 0.2 ml/1 Monit Continuous or Weekly 2/Month 2/Month 2/Month 2/Month yy * ing Requirements Sample e Recording Flow Tota Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location E per E E E 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. The 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. 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 (Daphnid 48 hour) Monitoring, Episodic, SEE PART III, CONDITION NO. G. Monitoring shall be conducted during the first five discrete discharge events after the effective date of this permit. 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 sample. Thorn cha11 hca r,n rlierHArop of flnatina snlitls Part 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. 2. Permittee shall at all time provide the operation and maintenance necessary to operatethe existing facilities at optima efficiency. 3. No later than 14 calendar dnys 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 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. 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 foi denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Duty to Miti,gate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified inthis permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 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 inpart during its term for (Anse including, but not limited to, the following: a. Violntion of any terms er OOTIiLiOr!; Of afF-.; permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application 14 may be required of the permittee. 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 noncompl.iances, does not stay any permit condition. 5. Toxic Follutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or. prohibition (including any schedule of compliance specified in suob affluent 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 effluent standard prohibition and the permittee so notified. The permittee shall comply with. effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and Liability (Part II, 11-) and "Power Failures" (Part TI, B-6), nothing in this permit shall be construed Except as provided in permit conditions on "Bypassing to relieve the permittee from any responsibilities, 1ialili_t:ie:-<, 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 t'.luor_,gh the respons.il ili_ty for effective compliance may be temporarily. suspended. 1 a.nd lta�l.rd:.us S>>hstance I.iat~ility this r ,,Istrncd to preludr, the permitted from any resp permittee is err may 143-215.75 at seq. or Section 311 of the: Federal Act, 33 USG 132 the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. B. property Rights The issuance of this permit does not convey any proper or personal property, or any exclusive privileges, nor injury to private property or any invasion of personal infringement- of .Federal, ta.t.«r or local laws or regulations. Part II Pnge 3 of 14 9. Onshore of 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. 10. 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. 11. Dutyto Provide Information The permittee shall fnrnish to the Permit Issuing Anthority, within a reason- able 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 Anthority upon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Op ionandHanCe M 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. 2. Need to Dalt 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 netivity in order to maintain compliance with the condition of this permit. 3. 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 ove.rflow; b. The frequency, duration, nnd qunnttiy of flow from eneh sewer system or ovofflow. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. 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 division from or bypass of facilities. 4 upsets "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. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. 5. 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. 6. Power Failures The permfttee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative• Code, Subchapter 2ii, .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 C. MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be ' characteristic of the volume and nature of the permitted discharge. Samples collected. at a. frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period 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 poin shall not be changed without notification to and the approval of the Permit Issuing Authority. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous months) shall be summarized for each month and reported on a monthly Discharge Monitor' rg 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 permit or in the the commencement reports :required due on the case of a new of disclxar:ge. herein, shall Division of Environmental. Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 the month following t:he issuance of the on the last day of the month following gne-d copies of these, and all other to the following address: Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure 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 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. 5 Penalties for Tamp riDS The Clean Water Act provides that any person. who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to he maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. 6. Records Reten n Part II Page 6 of 14 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 by the permittee. Thisperiod of retention. shall be extended daring the course of any unresolved litigation or if requested by the Division of Environmental. Management or. the Regional Administrator of the Environmental Protection Agency. Recording Results For each measurement or, sample taken pursuant to the re.yuirearrents of tlai.s permit, the permit t:ee shall record the following infermet ion: a. The. exact place, date, and time of sampling; b. The dates the analyses were performed; cThe person(s) who performed the analyses; and d. The results of such analyses. 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 pre.mi_ses where an effluent source i.s located or in which any records are required to be kept under the terms and conditions of this m.it; and b. At reasonable? I. i1C.:ce, kept under the terms and n.ond.i Lions monitoring egni_pment or monitoring met3i to sample any discharge of pollutants. SECTION D. REPORTING REQUIREMENTS i to be any it: and Changein Discharge All discharges authorized herein shall be consistont.. <<.-i t.h the terms and conditions of this permit. The discharge of any pc?Jiul_ant identified. in this permit more fr.egir.ently than or at a level in excess of that authorized shall constitute n violation. of the permit. Any arrkicipat:e.d facility expansions, production inzcreases, or process modifi::+.tt;iora" which will result Part II Page 7 of 14 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. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenanee cf facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. TrAllsfeT„..9f_PWneTP__917.c9l1Y:91 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. 4. Additional Monitoringby Per ttee 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- 5. .4Yelfigillg_ofJle..1suT.em Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. 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 clay following the occurrence or first knowledge of the occurrence of any of the following: Part TI Page 8 of 14 i. 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 circumtances. 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 stntion, 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 NPPES permit limitations. Persons reporting such occurrences by telephone shall also file a written. report in letter form within 15 days following first knowledge of the. occurrence. 7. Changes inD aii&2f 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 toxte substance(s) (listed at 40 CFR S 122, Appendix. D, Table II and III) which is not limited in the. permit, if that discharge will exceed the highest of the following' IInotification levels". (1) One hundred micrograms per liter (100 ug/1); (3) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methy1-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or Five (5) times the maximum concentration value reported for that pollutant(s) 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 (listed at 40 CFR S 122, Appendix D. Table 11 and lIT) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/l); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value, reported for that pollutant(s) in the permit application. 8. 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 NCGS 143-215.6 and 33 USG 1251. et seq. 9, SigilAtoly RegLiirements 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. 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 he signed by a person described above or by a duly authorized representativeof that. person. A person is a duly authorized representative only if: (1) The authorization is made inwriting by a person described above; (2) The authorization specified either an individual or a position having re7ponsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a. well or (2) Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental 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 Fermit Issuing Authority'. c. Certification. Any person signing a. document under paragraphs a. or h. of this section shall making 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 properlygather and evaluate. the information submitted. Based onmyinquiry 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 believe, 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." 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 Rtports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or eertification in Any record or other document submitted or required to he 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 six months per violation, or by both. SECTION E. DEFINITION 1. Permit IssuingApthority, The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural Resourcms and Community Mwelopmcnt. Part II Page 11 of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. 4. Act or the Act" The Federal Water Pollution Control Aet, also known as thv Clean Water Act, as amended, 33 USC 1251, et. seq. 5. NasDaMeasuremntS 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 sample and measured, divided by the. number of daily discharges samples 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 "Daily Average" or "Monthly Average" in Part 1 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 samples 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 limitotion is identified as. "Weekly Average' in Part T of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendat 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 definedas the, total mass of all daily discharges sample 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 1 of the permit. Part Il Page 12 of 14 6. Concentration Pleasurernent a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all dnily discharges samples 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 mann 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" or "Daily 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 concentrationof 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 1 of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified as "Daily Maximum" under "Other Limits" in Part 1 of the permit. d. The "average annual concentration," other thnn for fecal coliform bacteria, is the sum of the concentrations of all daily dischargoa 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 Port 1 of the permit. Part II Page 13 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. Ty s of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, n 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 he 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 he greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. 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. 9. Calculation of Means a. ArithmeticMean: 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). 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. Part II Page 14 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one dray 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 Poll A toxic pollutant is any pollutant listed as toxic under. Section 307(a)(1) of the Clean. Water Act. PART III OTHER REQUIREMENTS A. Previous Perniits 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. Construct jori No construction of wastewater treatment facilities or additions thereto shall he 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 fjperator 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 monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit shall he modified or alternntively, revoked nnd reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 3O'(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. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Perm±t No. NC0074705 F. 'Tox:i. This permit shall he modified, or revoked and t ei.ssrien.rl to inr,;ot poste 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 8 result of this discharge. G. ACUTE TOXICITY TESTING .REQUIREMENT Daphnid 48 l r •- Monitoring for Episodic Events The Permittee shall conduct FIVE acute toxicity tests E. P. A. Document 600/4-85/013 entitled "The Acute Tox: F.r.eshwater and Marine Organisms". The monitoring Daphnia pulex or Ceriodaphnia 48 hour stet:ir_ test, as a obta du. r i7 Oernla g protocols defined in ty of Effluents to per.fo.7med as a ff luent collected le grab sample. Effluent samples for self Incalti„t:.ori.ng purposes must: be w nil waste treatment. Sampling and subsequent test will occur rst five discrete discharge events after the effective date of this The paramece r code for this test paramet_er. code for this test is tt..:ing tnsei.n4' 2'Et:3'ra .ts a'ecltai-ed as k'^:t`t: of this Effluent Discharge Form (MR-:l) for the moat. the appropriate parameter :. Additionally. seat to the fallowing add. Daphnia c0 hn tinit (:one: lex is TAA3D. The TAA3B. All t.oxi..c A. LT1 i h c teed red, IJ.s i n to b Test: data shall be corp et:e and ap,crrrate and supporting chemica i /pbysloaai measurements perf.ormec' in association 1:ton wJ_th the toxicity tr as well as all dose/re,ton e data. Total res:idunl c:h.lrri_ne of to effluent toxicii:y sr;mp', rr,,Ist k nteaaured ,and reported if "l`Rlcr:dine ._ employed friar d.is.i.nfection of a_rn. Shod any test data from by the N,:y,: impact, elude r these monitoring requ.i_remerts or. Carolina Division of Envi. ivirag stream, this perm _to:rimng reqn NOTE: Failure to achieve test oondi.tions as such as minimum control organism survival an controls, shall t }tas%atl.ltt. an invalid test, results will consti.txrir rtor-caoi test: performed in the cited document. ';rlm.?ntF31. =table test t eql i.rern.erit s . Date: August 19, 1988 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit NO. NC 0074705 PART I - GENERAL INFORMATION 1. Facility and Address: Conoco -Charlotte Products Terminal Conoco, Inc. 3500 Parkway Lane, Suite 410 Norcross, Georgia 30092 2. Date of Investigation: August 18, 1988 3. Report Prepared By: G. T. Chen 4. Person Contacted and Telephone Number: Mr. Mark Bowen, Division Manager; 704/399-8457 5. Directions to Site: From the junction of Highway 27 and Old Mount Holly Road (S. R. 1619) near the northwestern outskirts of Charlotte, Mecklenburg County, travel east on S. R. 1619 approximately 0.75 mile. Conoco -Charlotte Products Terminal is located on the right (south) side of the road. 6. Discharge Point - Latitude: 35° 16' 42" Longitude: 80''',55' 30" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 15 SW 7. Size (land available for expansion and upgrading): N/A 8. Topography (relationship to flood plain included): N/A 9. Location of Nearest Dwelling: N/A 10. Receiving Stream or Affected Surface Waters: Unnamed tributary to Paw Creek a. Classification: C b. River Basin and Subbasin No.: 03-08-34 c. Describe receiving stream features and pertinent downstream uses: Fish and wildlife propagation, secondary recreation, agriculture and other uses requiring waters of lower quality. Downstream users are not known. Page Two PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: ©% Domestic 100% Industrial a. Volume of Wastewater: N/A b. Types and quantities of industrial wastewater: Storm water collected in the dyked tank farm area (seven above ground storage tanks) and wastewater generated from the washing of oil spills at the truck loading rack plus surface runoff. c. Prevalent toxic constituents in wastewater: N/A d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): Containment dykes and oil/water separator. 5. Sludge Handling and Disposal Scheme: N/A 6. Treatment Plant Classification: N/A 7. SIC Code(s): 5171 Wastewater Code(s): 37 73 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: N/A 3. Additional effluent limits requests: N/A 4. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS Conoco -Charlotte Products Terminal of Conoco, Inc. operates as a wholesale distributor for refined petroleum products. According to Mr. Mark Bowen, Manager of the Terminal this facility rarely discharges except in the event of heavy rainfall. Page Three It is to the app e c ommended that an NPDES Discharge Permit be issued nt as requested. Signature Q Report Pr Water Quality Regional Supervisor (GNARLC?7'rE WAS 4854 11! NW SCALE 1:24 ©©© RILQME'ER CONTOUR INTERVAL 10 FEET DATUM IS MEAN SEA LEVEL C©4OC© AWES / meekleAkil Cai44/ 10 ROAD CLASSIFICATION Rrimary highway, Light -duty road, hard cr lard surface Improved surface Secondary highway, hard surface interstate Route 8C UnimLrnved road S Route State Route NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT r DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH; NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C ' l l' f0101714171615 To be filed only by persons engaged in manufacturing and mining FOR AGENCY USE. 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 Conoco Inc, Charlotte, N.C. Products Terminal 2. SIC B. Mailing address 1. Street addres Norcross Georgia 2. City 3. State 4. County Gwi nnett 3500 Parkway Lane, Suite 410 C. Location: 1, Street 7145 Old Mount Holly Road DATE RECEIVED' DAY 5, ZIP 30092 P.O. Box 94 ay 2. City Paw Creek 3. County Meckl.whburg 4. State North Carolina 28130 D. Telephone No, 704 399-8457 Area Code (Leave blank) 3. Number of employees 2 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 o 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 Ns r ,•_.. B. Facility receiving Awaste: 1, Name NN 2, Street address 3, City 4, County 5, State 6, ZIP €Principal product, Draw material (Check one) Refined Petroleum Products `6, Principal process NA Product storage and transfer, only, 7. Maximum amount of principal product produced or raw material consumed per (Check one) Basis 1-99 A. Lay B. Mon 100-199 (2) 200-499 (3) Amount 500-999 (4) 1000- 4999 (5) 5000- 9999 (6) 10,000- 49,999 (7) 50,000 or more (8) C. Year PREVIOUS EDITION MAY HE USED UNTIL SUPPLY IS EX-AUSTEO rf,prinr.ipal pr^trilrtr.l. 1rrctlrtrtal ove, Is measured in (Bruck orrc ) A.o pounds B.o tons C.(1) barrels D.0 bushels square feet F,0 gallons G.©pieces or units H.o other, specify 9. (a) Check here if discharge occurs all year 4, or (b) Check the month(s) discharge occurs: 1. o January 2.0 February 3.0 March 4.0 Apri 1 5.0 May 6.0 June 7.0 July 8.0 August 9.0 September 10.0 October 11.0 November 12.0 December (c) Check how many days per week: 1 )b 1 2.0 2-3 3.0 4-5 4,0 6-7 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 0.1-999 (1) NA NA F low, 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) C. Process water, daily average D. Maximum per operat- ing day for total discharge (all types) (Includes Storm Water) 11. If any of the three types of waste identified in it 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 B. Underground well C, Septic tank D. Evaporation lagoon or pond E. Other, specify NA NA X NA NA 12. Number of separate discharge points: A.61 B. 0 2-3 C.0 4-5 D. 6 or more 13. Name of receiving water or waters unnamed tributary to Paw 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, pienols, oil and . grease, and chlorine (residual ). A:11 yes 6.0 no (oil and grease, only) I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such inform tion is true complete, and accurate. Director, nvironmental Affairs Supply & Transportation Department L. G. Hubbard Printed Name of Person Signing Title June 23, 1988 Date Application Signed Signature of Applicant,„'` North Carolina General Statute 143-215.6(b)(2) provides that: Any person wlio 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 Commissior implementing that Article, shall be guilty of a misdemeanor pumishable 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 providf a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, (%conoco) L. G. (Larry) Hubbard Director, Environmental Affairs Supply and Transportation Department June 23, 1988 North Carolina Dept. of Natural Resources and Community Development Division of Environmental Management Attn: NPDES Permit Section P.O. Box 27687 Raleigh, North Carolina 27611 Dear Sir/Madam: RE: NPDES Permit Application Conoco Inc. - Charlotte Products Terminal Please find attached a permit application and permit application fee of $150.00 for the discharge of storm water from the referenced facility to the surface waters of North Carolina. The facility consists of a diked tank farm area and a truck loading rack with attendant oil/water separator. Both of these sources contribute to the discharge of water from the facility. Storm water intercepted by the truckrack area passes through an oil/water separator and is retained in the diked area and inspected for sheen prior to discharge. Conoco Inc. P.O. Box 2197 Houston, TX 77252 (713) 293-2032 RECEIVED: MUM OF ENVIRONMENTAL MANIMEMON JUL 29 1988 E.T4C.;iN:ERiNG Storm water from the diked tank farm area is retained, inspected for sheen, and if no sheen is visible, the storm water then is discharged. If a sheen were observed on the water surface within the diked area, the water would not be discharged and an investigation into the source of the hydrocarbon sheen would be initiated. All sheen (if present) would be removed for disposal/treatment prior to discharge. All discharged water flows into an unnamed tributary to Paw Creek. In addition to the completed Form C, attached also are authority delegation letters that grant signature authority to the Director of Environmental Affairs. Please call if you have any questions concerning this permit application. Sincerely, L. G. Hubbard Director, Environmental Affairs JMB/wm cc: File JMB1/042 L. G. (Larry) Hubbard Director, Environmental Affairs Supply and Transportation De"''RlfECEI' ED AIYISION OF ENVIRONMENTAL MANAGEM.ENi July 26, 1988 "AUC 8 MQORESVIILE REGIGNAL vFFICE Mr. Jule Shankli'n North Carolina Department of Natural Resources and Community Development P.O. Box 27687 Raleigh, North Carolina 27611 Dear Mr. Shanklin: Conoco Inc. P.O. Box 2197 Houston, TX 77252 (713) 293-2032 RE: NPDES Permit No. NC0074705 - Conoco Charlotte Products Terminal Enclosed please find, as requested in your letter of July 13, 1988, copies of "Environmental Authority Delegation" letters, that transfer signature authority to me for all Supply and Transportation Department permit applications. Your receipt of these delegation letters should fulfill the information requirements necessary to begin the permit application review process. Please call if you require additional information or clarification in reference to this permit. Thank you for your attention to this matter. Very truly yours, G. Hubbard - wm cc: File 'E ?,M JMB2/060 .JUL 28 1988 IIIIIIIIIr Interoffice Communication To Distribution From Bob Walker, Houston Dote March 7, 1988 Subject ENVIRONMENTAL AUTHORITY DELEGATION As Vice -President, Supply and Transportation, Conoco Inc., I hereby delegate the authority for approval of the following environmental permits, reports, letters and questionnaires on behalf of Conoco Inc., to the General Manager, Transportation Operations, the Division Managers of the Eastern, Mid -Continent, Southern, and Western Divisions and to the District Managers of same; to the Manager, Transportation Services and Manager, Lube Oil Operations; to the Managers, Safety and Environmental Affairs and the Director, Environmental Affairs, Conoco Inc. Transportation Department: Hazardous and Non -Hazardous Waste Permit Applications, Reports and Notifications Air Permit Applications and Emissions Inventories Water Discharge Permit Applications and Discharge Monitoring Reports Environmental Protection Agency or State Agency Questionnaires Spill Prevention Control and Countermeasure Plans Environmental Protection Agency Spill Related Responses Department of Transportation Spill Reports These authorities may not be redelegated without the written concurrence of the Director, Environmental Affairs, Conoco Inc. Transportation Department. All of the above authority for approvals require the concurrence of the Director of Environmental Affairs, Conoco Inc. Transportation Department. Any issue not clearly specified in the above delegation of authority should be brought to the attention of the Director of Environmental Affairs, Conoco Inc. Transportation Department. AtA00-6ZIA) B. Walker Vice President, Supply and Transportation Conoco, Inc. r tlZ/jC L March 7, 1988 Distribution: General Manager, Transportation Operations Manager, Safety & Environmental Affairs, Transportation Department Director, Environmental Affairs, Transportation Department Division Managers District Managers Manager, Transportation Services Manager, Lube Oil Operations Conoco Pip. Unit Company PC, Box 2197 Houston, TX 77252 February 15, 1988 Conoco Inc. Transportation Department P.O, Box 2197 Houston, TX 77252 RE: ENVIRONMENTAL AUTHORITY DELEGATION To: Distribution As President of Conoco Pipe Line Company, for approval of the following environmental permits,dereportsthe letters rand questionnaires on behalf of Conoco Pipe Line Company, to the Division Managers of the Eastern, Mid —Continent, Southern, and Western Divisions and to the District Managers of same; and to the ManaerEnvironmental Affairs and the Director, Environmental Affairs�ofSthetConoand co Inc. Transportation Department: Hazardous and Non —Hazardous Waste Permit Applications, Reports and Notifications Air Permit Applications and Emissions Inventories Water Discharge Permit Applications and Discharge Monitoring Reports Environmental Protection Agency or State Agency Questionnaires Spill Prevention Control and Countermeasure Plans Environmental Protection Agency Spill Related Responses Department of Transportation Spill Reports These authorities may not be redelegated without the written concurrence of the Director, Environmental Affairs, Conoco Inc. Transportation Department. A11 of the above authority for 'approvals require the concurrence of the Director of Environmental Affairs, Conoco Inc. Transportation Department. Any issue not clearly specified in the above delegation of authority should be brought to the attention of the Director of Environmental Affairs, Conoco Inc. Transportation Department. 4 Page 2 /wm Distribution: Manager, Safety & Environmental Affairs, Transportation Department Director, Environmental Affairs, Transportation Department Division Managers District Managers State of North Carolina Department of Natural Resources and Community Development Mooresville Regional Office ,lames G. '~Martin, Governor S. Thomas Rhodes, Secretary Albert F. (-iilton, Regional Manager ➢IVISION OF ENVIRONMENTAL MANAGEMENT November 2, 1988 Mr. L. G. Hubbard 3500 Parkway Lane, Suite 410 Norcross, Georgia 30092 Subject: NPDES Permit. No. NC 0074705 Conoco, Inc. Mecklenburg County, NC Dear Mr. Hubbard: Our records indicate that NPDES Permit No. NC 0074705 was issued on October 31, 1988 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 13. Page I3 sets forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) 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 resultin 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, NC. 28115-0950 • Telephone 704-663-1699 An Equal Opportunity Affirmative Action Employer Mr. L. G. Hubbard Page Two November 2, 1988 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 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, / D. Rex G1eaOn Water Quality Regional Supervisor Enclosure DRG:se Permit No. NC0074705 SEP 16 MOON€sviLLf tiudONAL QFFICF STATE OF NORTH CAROLINA T OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT IVISION OF ENVIRONMENTAL MANAGEMENT PERM _._._I T T© DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compli_auce 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. Acts, as amended, is hereby authorized to di to receiving waters River. Basin Conoco, incorporated tewater from a facility located at. Charlotte Products Terminn1 NCSR 1619 Mecklenburg County ed as an ,,unnamed tributary to Paw Creek in the Catawba in accordance with effluent conditions set forth in Parts I, This permi become effective Cations, moni for irrg r cllri cement. , and other: and II:i: hereof. This permit and the authorization to discharge shall Signed this day F a t: tni.drr.i,tLt: arc R. Paul Wilms, Director Division of Environmental Management By Authority of the Env ronmentnl Management Cornm�' Permit No. NC0074705 SUPPLEMENT TO PERMIT COVER SHEET Conoco, Incorporated is hereby authorized to: Enter into a contract for construction of n wastewater treatment facility; and 2. Make an outlet into an unnamed tributary to Paw Creek; and After receiving an Authorization to Construct from the Division of Environmental Management, construct: and operate a wastewater treatment; facility located at Charlotte Products Terminal on NCSR 1619 in Mecklenburg County (See Part TIT of this Permit); and 4 Discharge from said treatment works into an unnamed tributary to Paw Creek which is classified Class "C" waters in the Catawba River. Bas:i.n. No. NC0074705 F. Toxicity Reopener This permit shall bo modified, or revoked and rei.r stac.d o it°aracarforate toxicity limitations and monitoring requirements in the event tcxi.cai't.y f:esti.ng or other studies conducted on the effluent or receiving stream ira<li.r..ate that Ietr:i.ntenta.l. effects may be expected in the receiving stream as a result of this discharge. G. ACUTE TOXICITY TESTING REQUIREMENT Daphnid 48 hr - Monitoring for Episodic Events The Permi.ttee shall conduct FIVE acute toxicity tests using protocols defined in E. P. A. Document 600/4-85/013 entitled "The Acute To ietLy of Effluents to Freshwater and Marine Organisms". The mon.it( erfonned as a ➢1ph de pulex or Ceriodapi:iaa._ta 48 hour static test, us i.l g effl.a.aent collected as a single grab sample. Effluent samples for self=-monia.caring purposes must be obtain below all waste treatment. Sampling > nd sul:>sequent test wi.l1 occur dia.ri.:ng, tkle first: five ge events after the effective date of this permit. The parameter code for this test if using Daani a pl le; TAA3D. The parameter, node this test using t t pcta, lliil i.. parameter for is ....D 'TAA3P . All toxicity testing results required as part: of th:i_s permiiwill be entered on the Effluent Discharge Form (MR-_!) for the month. :in. which it was pet:med, lasing the appropriate parameter coit .. Additionally, t 4 E c t is ' ) be ,,.. , .t;aor��l_i. ),`fit l��a-r�l Al'A'T� �c>r-t�ir�a.l. We sent: to the .following ac:ld. P. 0. Fon 27687 ??sleigh, N. C. 27611. Test data shall be cunlrate and include all supporting chemical/physical measurements pe.rf:orm d :i.0 association w:tat the toxic:tt:� t. as well as all dose/response data. Total res:i.dual chlcyrine, cif t:4?.e effluent toxieity sample must be measured and report'fd it :1`!1orine is employed for disinfection of the waste stream. Shoi11d any test data by t:hc N;:)rth Caaroii.na I?i.t isf.on of Env:i. to the receiving stream, this alternate monitoring requirement either these monTtnri tar ig requirements or test performed. ind.ic:lt:e potent:i.al.. NOTE: Failure to achieve test ronditicns as specified in the cited document such as mi_ni.mum control organism survival and appropriate envi.a`c:nmental. controls, shall constitute an. invalid test. Failure .to submit suitable test results t?:111 constitute a non-compl a ante wit amen t:s . A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final Pe period beginning on the effective date of the authorized to discharge from outfail.(s) serial. ed and monitored by the Permittee as specified below: the tee Effluent Characteristics Floe F low Oil and Grease Settleable Solids Phenols Turbidity Acute Toxicity Benzene Toluene Xylene NPDES No. NC0074705 permit and Iastin.g until expiration the number(s) 001. Such discharges shall be Discharge Limitations Lbs/day Other Units (Specify] Daily Avg. Daily Max, Daily Avg. Daily Max. 30.0 mg/1 0.1 ml/1 60.0 mg/I 0.2 ml/1 Measurement Frequency Continuous or Weekly 2/Month 2/Month 2/ Month 2/Month Monitoring Re Sample Tie *Sample Location Recording E Flow Totalizer E Grab Grab Grab Grab Grab Grab Grab Grab E E 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. The 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. The discharge shall not cause the turbidity of the receiving water to exceed 50 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 (Daphnid 48 hour) Monitoring, Episodic, SEE PART III, CON➢ITION NO. G. Monitoring shall be conducted during the first five discrete discharge events after the effective date of this permit. 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 sample. There shall be no discharge of floating solids or visible foam i other than trace amounts.