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NC0067792_Regional Office Historical File Pre 2018
Stag of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27611 James G. Martin, Governor a George T. Everett, Ph.D William obey,lr., er , Director 16, 1991 Greg Thompson lon 3823 .K Raleigh Street Charlotte, NC 282 , . Subject. Permit No. NCOO67792 .�, Eposiac Industries, Inca of NC ` Mecklenburg County _ Dear Mr. Thompson: In accordance with your application for discharge pe, °t received on February , 1991, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 14 - 1 .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 (3O) days following receipt of this letter. This request must be in the form of a written petition, confonning to Chapter 1 0B 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, EA. addresses the requirements t be followed in case of change in ownership or control of this discharge. This permit dues 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 or Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be requires , If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 91973-5083. Sincerely, Original sigped b Oats Overcash Or George T. Everett cc. Q"Aww"Mwe Jim Pollution Prevention Pays P.O. Box 29535, Raleigh, forth Carolina 7626- 35 Telephone 91 -' -701 An Equal Opportunity .Affirmative Action Employer 7 Permit No. NC O06'7'792 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL ,RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT E MI TO DISCHARGE WASTEWATER UNDER THE ELIMINATIQbj In compliance with the provision of North Carolina General Statute 143- 1 .1, ether lawful standards d regulations promulgated and adopted by the No r lina En " nmental Management Commission, mission, and the Federal Water Pollution Control A6 as := fe e 1, xposaic Industries, Inc. of N is hereby authorized to discharge wastewater from a facility l' > 1 1 Exposaic industries, Inc. o 3823 Raleigh Street northeast Charlotte A Mecklenburg County to'receiving waters designated as Little Sugar Creek in the Catawba River Basin in'accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, and Ili hereof. This permit shall became effective September 1,1991 This permit and the authorization to discharge shall expire at midnight on August 31, 16 Signed this day May 16, 1991 iri ihai siped b Dale overeash ter George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No NCO067792 SUPPLEMENT TO PERMIT COVER SHEET Exposaic Industries, Inc. of NC is hereby authorized to: 1. Continue to discharge non -contact cooling water located at Exposaic Industries, Inc. of NC, 3823 Raleigh Street, northeast Charlotte, Mecklenburg County (See Part III of this Permit), and 2 Discharge from said treatment works at the locationspecified on the attached map into Little Sugar Creek which is classified' Class C waters in the Catawba River Basin. }' 44 `{ P. tar.<916s x t h 76'� j r"R t c'm •3t? S n� , ll ate ♦ y'+ IgWar Vrvekch 74 to s ` ^ s4ar ek r< ' tr d * orymg Grifu Etruir! k#il!*f` G **»r I a N Sch rrrrTt c ; "+a .S /t _ 7h'eat� rvs OR �Y„ w " ` ' 4,nion it r, ,�I►. "' + .rx :�` r _s' i+r `a "`"-..<jj a a tk vC '4F* rta r- 1. 77 ✓ ! t r�l► r y+ rrnt IL 0 . - —_ _:� nI:_ 1W t + tCHARk..OTTE EAST) tit$ 47'30 4 r" »,454 tat NE SCALE i 24 000 v 5 G°'�4r T M6tF. itKrCt 2{3f.H.) 3 4fk]{`) `.xC#:ki6M 1000 kEET 0 1 Hitt mfTER f J- k { F T' k- Ct7NIOUR INTERVAL 10 f € I T e IND t 61 qc ihATuM t,, MEANE'A kkvt i + (Ortiz r�+ IGr N C- QUADRANGLE LOi:ATON THIS MA: COMPLIES WITtl RAHONAk_ MAP AG 'CURACY STANDARD FOR SALE 6Y u: S. GEOLOGICAL SURVEY. WASHINGTON. D, C. 20242 FC)t.DE:R DESCRIBING TOPDGRPPHIC MAPS AND SYMPOLS IS A+r «.:.;^; "it REQUEST A. (). EFFLUENT LIMITATIONS MONITORING t U ME S FINAL Permit No NCO0677 2 During the period 'beginning on the effective date of the permit and lasting until expiration, the Pe 'tree 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 l car Rations Monita i Re u'r t.2 L slalay. Units s ecifv) Measurement SamgLe *Sari p le Man, Ay �, Daily Max Man, Ay Daily, MaX., Frequency Location Flaw Temperature Total Residual Chlorine THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WA R, *The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.80C and in no case cause the ambient water temperature to exceed 320C. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Pen -nit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in ether than trice amounts. - W. 1. The permittee shall comply with Final Effluent Limitations specified for discharges i 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 operationand 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 O ONS FOR NPDES PERMITS L It Issiling Authority The Director of the Division ;of Environmental Management. 2. DEQr Dhd ion Means the Division of Environmental Management, Department of Environment, Health d Natural Resources. 3. EMQ Used herein means the North Carolina Environmental Management Commission. 4. Art or "the Act" The Federal 'Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. MassMay easurem nts 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 dairy 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 ;pe °t. b. The "weekly average discharge" is defined as the total mass' of all daily discharges sampledand/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 dilring 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. Part II Page 3 of 14 f 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. , _ g calendar quarter is defined as one of the fallowing distinct periods: January through March, April through June, July through September, and October through December. 7. her Tyieactrrettl. tfi 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. Flaw shall be monitored continually except for the infrequent times when there may be no flaw or for infrequent maintenance activities on the flaw device. 8. es of Sa tiles a° Composite Sample; A composite sample shall consist of: (1) a seriesof 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 near the number of samples less than four (4) during a 24 hour sampling period. b. Crab Sample: Crab samples are individual samples collected over a period of time not exceeding 15 toes; the b sample can be taken manually. . C& 'pn of deans 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, Part 11_ Page 4 of 14 . Geometric Mean. The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c.Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flaw divided by the 'summation -of the respective flows. 10. C&nd=Dav 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-lour period that reasonably represents the calendar day may be used for sampling. 11. Ilaardo Su_tance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act; 12. IQxjg P'Iilutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Glean Water Act. QN B, rF RAID CONDITIQNS 1. ttty to Comttly 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, 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 o $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 bath. 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 3 U.S.C. 1319 and 40 CFR 122.41 (a)] Part 11 Page 5 of 1 c. Understate law, a daily civil penalty of not more than ten thousand dollars ($10, ) 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 § 143-15.6 (a) 2 d a The permittee shall take all reasonable steps to minimize or prevent y discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.° 3. ChdI and ' i . al Lja tlity Except as provided in permit conditions on "Bypassing" (Part II, -3) and "Power Failures" (Part 11, -), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to N G 1 3-21 .3 1 3- 15.6 or Section 309 of the Federal Act, 33 U C 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, and Hazarclou5 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 14-215.75 et seq. or Section 311 of the Federal Act, 3 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. . &Melly &i;yhts 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. h= 21 Qff5hore Conk Lion 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. 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 6 of 14 g. Dutv to Provide Informatign The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, y 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 per ittee shall also fumish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. utv to I?e= If the permittee`wishe to continue an activity regulated by this permit after the expiration date of this permit, the pe h insist apply for and obtain a new permit. ©. Eviration 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 discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 18days prior to expiration, will subject the permittee to enforcement procedures as provided in NGGS 143-215.6 and 33 USG 1251 et. sett. 11. fii tat►�.�urement All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit nit 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 y 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 180 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 ether 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, () 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 Part ll Page 7 of 1 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.); d () 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 y inquiry of the person or persons who manage the system, or those persons directly responsiblefor 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 d imprisonment for knowing violations." 12, rion 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, °nation, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. . Reyii212 gndReissuance. gj Termination The issuance of this permit does not prohibit the permit issuing authority from reopening d 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 gulatioris, Parts 122 and "123; Title 15A of the North Carolina Administrative Code, ibchap er 211>.0100; and North Carolina General Statute 14 - 15.1 et. al. viou��'� :its facility, whether for operation or discharge, are hereby revoked by issuance of this permit. e conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination :System govern discharges from this facility. RATION AND MAIMNANCE Pursuant to Chapter A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (4RC) 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. The permittee shall notify the Division's Operator Training and Certification' Unit within thirty days of any change in the ORC status. Part II Page 8 of 14 2. E=gr Cp*tio and Main an 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. . 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 activitin order to maintain compliance with the condition of this permit. 4Facilities 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 d 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 e, 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. () Unanticipated bypass, The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (4-hour notice). d. Prohibition of Bypass ' (i) Bypass 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; ' Part II Page 9 of l (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 I permittee submitted notices as required under Paragraph c of this section. () 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. (l) of this section. 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, lade of preventive maintenance, or careless or improper operation. . Affect 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: permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part 11, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part Ii, B. 2. of this permit. c. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. treatment or J .1 and in a eaters of the h all existing gation of 40 sal of sludge applicable 44 CFR Part d) within the orporate the significant ed by DEM .r 2H, .0124 ,astes during generators or volume and nature ot'the permitted discharge. Nampies coijectect at a rrequency Less man daily shall be taken on a clay and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring paints specified in this permit and, unless otherwise specified., before the effluent joins or is diluted by any ether wastestrearn, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Rauliu Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (D ) 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 clue on the last day of the month following the issuance of the perrnit 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 ether reports required herein, shall be submitted to the following address. Division of Environmental Management Water Quality Section A ON: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part 11 Page 11 of 1 3. Flw eas ements 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 shah be capable of measuring flows with a maximum imdeviation of less than 10% from the true discharge rags 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 l of this permit and based on the manufacturer's pump curves' shall not be subject to this requirement. . list J!rg&cd= Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143- 15.63 t. 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. 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. n The Clean Water Act provides that any person who falsifies, tampers with, or knowingly riders inaccurate, any monitoring device or method required to be maintained under this permit shall, Capon conviction, be punished by a fine of not more than $10,000 per violation, or byimprisonment for not more than two years per violation, or by both, 6. e 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 years from the date of the sample, measurement, report or applicationt This period may be extended by request of the Director at any time. 7. Rcsillis For each measurement or sample taken pursuant to the requirements of this permit, the pennittee 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; . 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 11 Page 12 of 14 The permittee shallallow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the pe tte '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 tithes any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required d under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the dean Water Act, any substances or parameters at any location. 1. ... ,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. P1anncd Cho= e 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). 3. Antidwted NQBg=p&=, e 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.° This permit is not transferable to any person except after notice to the Director. The :Director may require modification or revocation and reissuanee of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part Il Page 13 of 14 5. fir° Y Monitoring results shall be reported at the intervals specified elsewhere in this permit a. Monitoring results must be reported on a Discharge Monitoring Report ) (See Part 11. D. 2. of this permit). 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, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the D 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 ..four Hour Renortto 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. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. ( ) Violation of a maximum daily discharge limitation for any of the pollutants fisted 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. e permittee shall report all instances of noncompliance not reported under Part II. Ex 5 d 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 6. of this permit. nano 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. Part 11 Page 14 of 1 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 4 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 ugh 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 primping station, sewer line, or treatment facility resulting in a -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. lti. AYAiIIWhlY of _, norr, Except for data determined to be confidential under NCGS 4-215.3(a)( ,) 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 1-215.1(b)( ) or in Section 309 of the Federal Act. 1. nAlfie5 for PalliffliQation T e Clean 'hater Act provides that any person who knowingly makes any false statement, presentation, 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 bath. PART III OTHER REQUIREMENTS A. C na=ctig_n No construction of wastewater treatment facilities or additions to addto 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. . Groundwater Monti orita The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to deterinine the compliance of this'NPDES permitted facility with the current groundwater standards. C, Qhgagga in DischargesfToxic Subsjgnc s 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 than discharge will exceed the highest of the following "notification levels' (1) One hundred micrograms per liter (10 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for a rolein and a nylon trile, five hundred micrograms per liter 5 0 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) forantimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application . 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, i that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); () One milligram per liter (l g/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application: Part III Permit No. NCO067 79 D. The permittee shall not use any biocides except these approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety 9 }) days prier to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING G E REQUIREMENTS A. The permittee mint 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. M Permit No. NC?057 STATE OF NORTH CAROL:INA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL: RESOURGEWToF rtm DIVISION OF ENVIRONMENTAL. MANAGEMENT , 01 CES m AND LOPMENT TO DISCHARGE WASTEWATER UNDER THE "( ; SI -MUURESVILLE RECIDILIL OFFICE In compliance with the provision of North Carolina General Statute 143-2 15.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Exposaic Industries, Inc. of NC is hereby authorized to discharge wastewater from a facility located at Exposaic Industries, Inc. of NC 3823 Raleigh Street northeast Charlotte Mecklenburg County to receiving waters designated as Little Sugar Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and outer conditions set forth in Parts I, ;II, and. III hereof. This permit shall become effective This pernut and the authorization to discharge shall expire at midnight on .August 31, 1996 Signed this day y , George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission n Flaw Teii1t'atUiE3 Total Residual Chlorins TEERE SHALL E NO CHROMIUM, , ZINC, OR COPPER ADDED TO THE COOLING WATER. *The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.80 and in no case cause the ambient water temperature to exceed 32°C The e 'ttee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Pe' "t. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard. units. There shall be no discharge of floating solids or visible foam in other than trace amounts. ounts. Permit No NCO0 7792 SUPPLEMENT TO PERMIT COVER SHEET Exposaic Industries, Inc. of NC s hereby authorized to: 1. Continue to discharge non. -contact cooling water located at Exposaic Industries, Inc. of NC, 3823 Raleigh. Strut, northeast Charlotte, Mecklenburg County (See Part III' of this Permit), and 2, Discharge from said treatment works at the location specified on the attached reap into Little Sugar Creek which is classified; Class C waters in the Catawba River Basin. �}�•�-- [) _ e7 �.+: 7wrr�ruuwyrwr. g,,. p 764� i s • r rx / a c' 4` Ci, r o ••! ° t =' ♦ !I f�.: t + 74N: r' .. ~�jl i trig Avc `lx ,`d Ciit() .t L1 Ticit7i5 %: Cif)fipPl L"h r+ E •,,* it y t 4 r •a (� \T a '84 rr .. �- 1y+ _ ! t{r �-^' ariir C.z`iik Y 1 .,rU$3t're k,) ElruW Hill' f "'�, tit ' � •+ t �� � a. 4 106 00 520 SCALE 1 24000 ritc�F �1� f1 12 h{Nh, 6iKX) 1Clttti FEET 3WO ! 0 1 K, OME TER ` F S f C t .`ii{ #7(z 1IFRVAL 10 Ar�r� " fa INDIO, t..CAN..iEA CF.r� -;;,b BANGLE LOCAWN THIS M-= COMPLIES rtVIIH NATIONAL MAP A(IC:URACYSTANDARDS } FOR SALE BY U. S. GEOLOGICAL SURVEY, WASHINGTON# D, G. 20242 A FOLDER DESCRIBING TOPOGf P,PFAIC MAPS AND SYMPGES IS A`"'.; •.`;' :`t! REQUEST Part III Permit No. NCO06 792 D. The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (9 ) days prior to instituting use of any additional biocide, used in coaling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management.Such notification shall include completion of Biocide Worksheet Form 101 and a' map locating the discharge point and receiving stream. Date: August'13, 1986 DES STAFF" REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No. NC '0067792 PART I - GENERAL INFORMATION I. Facility and Address: E po aic Industries, Inc. .Past Office Box 5445 Charlotte, North Carolina 2825 2`. Date of Investigation: August 6, 1986 3. report Prepared By: G. T. Chen 4. Pprgnna _ _ ;h Street. Paint - Latitude: 35°15`18" Longitude: 80* 47156" USGS MaD Extract and p. No.: F15SE trading): Approximatel icluded3 : RP1 t-4-t,.1 r ".J.UL_.0 augar creek C [ Subbaasin No.: 3-08-34 whether there are any downstream users. Page Two PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1 'Type of Wastewater; Domestic 100 Industrial a. Volume of Wastewater: 0.0024 MGlD b. 'Types and quantities of industrial wastewater: The wastewater'consists exclusively of non -contact cooling water used for the compression system which is housed in'a 13'2" by 13'2" by 9'9" structure.' C. Prevalent toxic constituents in wastewater: None` d. Pretreatment Program (POTWs only): N/ 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Indivztr4.1 -- - - - tr__ f_ 8 � 4 to molds. Dosed or existing: None VA A nitoring requests: Tempel effluent limits requests: 3A'TION AND RECOMMENDATIONS --- A - Id be noted that during the on -site investigation a disci c .lity was observed. As this fo&414*. I— ___ _,t- . uis Patterson, Production fore violation' and verbally advise 1. it ring requirement, be issued. igntu e of part *rerer o .r.. r+*' 6' 5.r . Water Quality Regional Supervisor PPIVORTH A X PREVIOUS EDITION MAY BE USED UNTIL SUPPLY 1S EXHAUSTED Ri3IN �;�'' . OF NATURAL R1��iiJR> AI7 COMMUNITY ' Y 'DEVELOPMENT 27687, RALEIGH, NC 2761.1. DIVISION QENVIRONMENTAL MANAGEMENT, P.O. BOX NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR � � L.., AGENCY USE DATE RECEIVED To be filed only by persons engaged in manufacturing and mining YEAR Mi}, DAY form before reading accompanying instructions Do not attempt to complete this } Please print or, type l.'Name, address, location, and telephone number of facility producing discharge A.'Name B. Mailing address 1. Street address P. 0. Box 5445 2. city Charlotte . State N. C. 4. County Mecklenburn 5. ZIP 28225 C. Location: 3 Raleigh ` S. 1. Street 2a City 3. County 4. State D. Telephone No; 7 1 Area Code MMWI ""'O' . . 2. sic f ;U (Leave blank) 3. Number of employees F ft� �,a��r 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.. .fM 4, if you meet the condition stated above, check here ! and supply the information asked for below. After completing these items, please complete the date, tale, A Q r y, and signature blocks below and return this form to the proper reviewing office ft without completing the remainder of the form, Jui A. Name of organization responsible for receiving waste N. A B. Facility receiving waste:'? ;taaI1. 1. Name N.A. . Street address 3. City 4. County . State 6. ZIP J5, Principal product, (3 raw material (Check one) +, Principal process Cc3 Z. Maximum amount of principal product produced or raw material consumed per (Check one) Amount Basis 1-99 1t10-199 200-499 500-999 1000- 5000- 10,€00- 50,00 4999 9999 49„999 or more (1) (2) (3) (4) (5) (6) (2) (M) RECEIVED Aw"N O F"iJ #Ptt MENA rarNaA[ af5mda: PAR ZIU Stag of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 12 North Salisbury Street 0 Raleigh, North Carolina 27611 rtin, Governor R. Paul milt :obey Jr., Secretary Direct March, 189 :arne, Production' Manager ndustries, Inc. of N. C. 5445 NC 28225 SUBJECT NPDES No. NCO0677 2 Exposaic Industries, Inc. of North Carolina formerly issued to Exposaic Industries, Inc. 4htrho, County Larne s 'ordance With v our rerr est r ar+ra41r& r M,2-1, in mean al permit that may e required, Y_., ku have any questions concerning this permit, please contact Mr. Mack at telephone number 13j733-5083. Sincerely, dgiNI( Signe,,I ARIPURIWOURBERRY F R. Paul Wilms inn Patrick, EPA %l Files Permit No. NCO06779 STATE OF NORTH CAROL NA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL. MANAGEMENT PERMIT To DISCHARGE WASTEWATER UNDER THE NATIONAL. POLLUTANT NT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 1 - 15.1, lawful standards and regulations promulgated and adopted by the North Carolina �onmental management Commission,;and the Federal Water Pollution Control 'Act, as ,d, Exposaic Industries, Inc. of North Carolina reby authorized to discharge wastewater from a facility located at lxpo aic Industries, Inc of North Carolina Raleigh Street in Charlotte Mecklenburg County :eiving waters designated as Little Sugar Creek; in the Catawba River Basin. ucordance with effluent limitations, monitoring requirements, and other .ions set forth in Parts I, II, and III hereof. k rmit shall became effective March 22, 1989 >ermit and the authorization to discharge shall expire at midnight can October 91, this day March. 22, 18 rg't Signed By For R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NCO06779 SUPPLEMENT TO PERMIT COVER SHEET Exposaic Industries, Inc. of North Carolina hereby 'authorized to: " ":ontinue to discharge non -contact cooling dater from Exposaic Industries, :nc. of North Carolina located on Raleigh Steet in Charlotte, Mecklenburg ;aunty (See Parr III of this permit), and Eischarge from said treatment works at the location specified on the ttac ed map into Kittle Sugar Creek which is classified Class%ft waters n the Catawba River Basin. A EFFLUENT LD"ATIONSAND MON'TOR'NG REQUIREMENTS Final NPl}ES'No. NCt062 i xri tg the period beginning, on the effective date of the permit Permttee is authorized to discharge fromcautflls serial and t tl a iration the limited d monitoredby the Pe ittee specified below:'� QCiI . Such di shall be Effluent acteristics is e itati itc►r�n R �*�° is itaily Avg Other :its (neci ) die Iiail�a M ils�Hsil Mvie e Flow a Fr cv t Temperature Monthly Instantaneous E Residual Chlorine Monthly Grab Monthly Grab E IIWM SH= BENoCBROXIM, ZINC, OR COPPER ADDED COOLING WA SamPle locations: E - Effluent, U -° Upstream, D Downstream e temperature of the effluent shall be such as not to cause an receiving streamof more than 2. degrees C d in no case cause theambientwaterse in the temperature the degrees C. p t exceed 2 Monitoring requirements only apply if chlorine is added to the cooling. g The permittee shall obtain authorization from the Division ofEnvironmental Management prior to tilw y biocide in the cooling water (See Part III of this .Permit). � g e ph shall not be .less than .0 standard stored monthly at the effluent b grabs ple nor eater th .0 standard units d shill be monThere shall be no discharge Of floating olids or visible foam in other than trace amounts. M edule of Compliance The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit, permiltme shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS )N A. GENERAL CONDITIONS • v _ 7173011•e- +t he following: n of any terms,or conditions of this permit; g this permit by misrepresentation or failure to disclose fully want facts; elimination of the authorized discharge; or newly acquired by the Division indicating the discharge poses human health or welfare. believes that any past or planned activity would be cause for ation to the Permit Issuing Authority. T6 submittal of a -new application Part II Page 2 of 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 noncompliances, does not stay y permit condition. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition), is established under section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent` standard prohibition and the permittee so notified. e permittee shall comply with effluent standards or prohibitions established' under Section 307(a) of the Clean Water Act for toxic pollutants within the ,e permit has ft though ;the responsibility for effective compliance may be temporarily penned. ert Ri hts issuance of this permit does not convey any property rights in either real personal property, or any exclusive privileges, nor does it;authorize any ary to private property or any invasion of personal rights, nor any rin ement of Federal, state or local laws or regulations. Part Il Page 3 of 14 1. 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. .0. 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. .1. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able time, any information which the Permit Issuing Authority m ' ay 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. *>ECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS L. Proper Operation and Maintenance 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. Z. 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. 3. Aygacing�L 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 4-Ut- I permittees who have such sewer bypasses or overflows of this fall submit, not later than six months from the date of issuance nit, detailed data or engineering estimates which identify: -ation of each sewer system bypass or overflow; �quency, duration and quantity of flow from each sewer system or overflow. 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. PyLets "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 i40 CFR S 122.41(n)(3) are met. 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. Power Failures 4G AND RECORDS Wlinn J and measurements taken, as required herein, shall be All samples shall be taken at the monitoring points specified in and, unless otherwise specified , before the effluent joins or is my other wastestream, body of water, or substance. Monitoring point � changed without notification to and the approval of the Permit Lority. Part II Page 5 of 14 . ieortin Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (la ) Form ( }EM No. MR 1, 1 1, 2 3) or alternative farms approved by the 'Director, ITEM, postmarked no later than the 30th day following the completed reporting period. The :first DMR is due can 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 fallowing address: Division of Environmental Management Water Quality Section. A ENTION. Central Files Post Office Box 27687 Raleigh, North Carolina 2611 3 Flow Measurements Appropriate flowmeasurement 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 than 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 rare r or tnis permrr a s oasea on rue manuraccur r s pump not be subject to this requirement. •es n c -- t- n —s 1 <» 4 —41 1l +. 4-- -Ut I I vs the Federal rater Pollution Control Act, as Amended, and ZR 136. lmperin Act provides that any person who falsifies, tampers with, or maintained under' this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Fart II Page 6 of 14 Records Retention X71 .w.,....... «... ... —A w-, —14-4— -C--- 4-U— mr-44--ti 4"rr ttni^�#tr$ticsc rrsrrwti �i its r$ �.cr cact place, date, and some s ates the analyses were perm ults of such analyses. KY ir. ro me requ .remencs or tnis awing information: al ing; �s; and ae division of Environmental 'or their authorized representatives, where an effluent source is located' e kept under the terms and 11 discharges authorized herein shall be consistent with the terms and Dndit ons of this permit.`The'discharge of any pollutant identified in lis permit more frequently than or at a level in excess of that authorized €gall constitute a violation of the permit. Any anticipated facility Kpansions, production increases, or process modifications which will result Fart II Page i of 14 _n new, different, or increased discharges of pollutants gust be reported b submission of a new NPDES application or, if such changes :will not violate .he effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice,; the permit may be modified to specify ind limit any pollutants not previously limited. ►nticipated NoncoTpliance 'he permittee shall give notice to the Permit Issuing Authority of any planned :hange'in the permitted facility or activity which may result in noncompliance tith permit requirements. Any maintenance of facilities, which might tecessitate'unavoidable interruption of operation and degradation of effluent ;uality, shall be scheduled during noncritical water 'quality periods and carried st in'a manner approved by the 'Permit Issuing Authority. 'ransfer of nersltip -or Gcntrol Lhis permit is not transferable. In the event of any change in name, control )r ownership of facilities from which the authorized discharge emanates or i ,ontemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this ;permit and of the need to obtain a hermit in the lame of the prospective owner. A copy of the letter shall be forwarded to the )ivision of Environmental Management.' additional Monitorin b Prmitee if the permittee monitors any pollutant at the location(s) designated herein nore frequently than required by this permit, using approved analytical Methods is specified above, the results of such monitoring shall be included in the ,alculati.on and reporting of the values is required in the DMR. Such increased �Wi o331YR1a ;irt+�.` Ae'a er�rtar� m?si atw[wA =esaa' w®�.a armmm"81 earements or limitations which require; averaging of measurements shall thmetic mean unless otherwise specified by the Permit Issuing he permit. Notification shall report by telephone to either the central office or the re than 24 hours or on the next working day following the e or first knowledge of the occurrence of any of the following: Part II Page 8 of 14 Any occurrence at the water pollutions 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. Any process unit failure, doze to "mown or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. Any failure of apumping 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. Any time that self -monitoring information indicates that the facility has gone out ofcompliance with; its NPDES?permit limitations. sons reporting; such occurrences by telephone shall also file a written eport in letter form within 15 days following first knowledge of the ccurrence.: hen e in L}ischar es of Toxic Subst ` ces. he permittee shall notify the Permit 'Issuing Authority as soon as it knows or as reason to believe. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s)=(listed , if that discharge will exceed the highest of the following [cation levels".; e hundred micrograms per liter (100 ug/1), ao hundred micrograms per liter (00 ug/1) for acrole.in and rylonitrile; five hundred micrograms per liter (500 ug/1) milligram per liter (1 mg/1) forantimony; or (3) five (5) times the maximum concentration value reported for that pollutant(s) in the permit application. 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 Cl?E S 122, Appendix D. Table II and III) which is not limitedd in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 1 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (I mg/1) forantimony; or () Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. Ex iration 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 peitte to enforcement procedures as provided in NC S 143-215.6 and 33 USC 1251 et seq. Sinatory 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)i the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 2.5 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 proprietorships 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, () 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 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 Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certification. "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 believe, true, accurate, and complete. I am aware that there are significantpenalties for submitting false information, including the passibility of fines and imprisonment for knowing violations."' 10. Availability of Reports Except for data determined to be confidential under NCGS -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 or 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 143-21.5.1(b) () or in Section 309 of the Federal Act. 11. Penalties for Falsification of e ores e 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, Capon conviction, be punished by a fine of not more than $10,0C per violation, or by imprisonment for net more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuinp, Authority The Director of the Division of Environmental Management.` . DEM or Division Means the Division of Environmental management, Department of Natural Resources and Community Development. Part II Page 11 of 1 . EMC: Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" e Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 UsC 1251, et. seq. 5. Massil_ ay Measurements' a. The "monthly average discharge. is defined as the total mess of all daily dischargessampled 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 I of the permit. b. e "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 them dividing this sum by the number of days the tests were reported. This limitation is identified a "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 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 I of the permit. flow value) of all the samples collected during; that calendar clay. 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 'art 1 of the permit. Part II Page 13 of 14 her Measurements Flow, (MGD)The flow limit expressed in this permit is the 24 hours average flaw, averaged monthly. It is determined as the arithmetic mean of the total daily flaws recorded during the calendar month. An "instantaneous flora 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. pes of Samples Composite Sample: 'These samples consist of grab samples collected at equal intervals and combined proportional to flaw, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except wherethedetention time of the wastewater in the facility is greater than 24 hours, in 'which case, the interval between ;grab samples shall be no ,greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. Grab Sample: Grab samples areindividualsamples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. >f Means Jc Mean: The arithmetic' mean of any set of values is the summation .. ».... f'+".., a, ....,..�...,... �4=....,d e. ..,,. n.. rt. ate•> —4- -xC +-k M*i k rnni- r isidered to be one (1). Lghted by flow Value. Weighted by flow value; means the summation of each, icenratian times its respective flaw divided by the summation of the ;ective flows. Pert II Page 14 of 14 endar Day .alendar day is defined as the period from midnight of one day until midnight i that reasonably represents the calendar day may be used for ly ing. sous Substance irdous substance means any substance designated under 40<CFR fart 116 ant to Section 311 of the Cleat Water Act. Pollutant Lc pollutant is any pollutant listed as toxic under Section 307(a)(1) of Lean Water Act. PART III'' MER RECUREMENTS Previous Permits its a discharges from this fa yen issued. ,nt facilities. j:jn rds. aed to this fanthty, whether for hereby revoked by issuance of this , and provisions of this permit lutant Discharge Elimination lities or additions thereto shall s havc beau submitted to the tten approval and Authorization neral Statntes, the permittee shall t operator in responsible charge h operator must hold a certification he classifMation assigned to the * the Director of the Division of * monitoring as may be required rmitted facility with the current appIQUY effluent guideline or water quality stepdard issued or under Sections 302(b) (2) (c), apd (d), 304(b) (2), and 307(a) (2) .ean Water Act, if the effluent guideline or water quality standard I or approved: :sins different conditions or is otherwinn morn stringent than any .cent limitation in the permit; or I :role any pollutant not limited in the permit. t as modified or reissued under this paragraph shall also contain any [olrements in the Act then applicable. Part III Permit No. NC6772 3xicity Reopener As permit shall be modified, or revoked and reissued, to incorporate toxicity Imitations and monitoring requirements in the event toxicity testing or other ;udies conducted on the effluent or receiving stream indicate that detrimental `fects may be expected in the receiving stream as a result of this discharge. to permittee shall not use any biocides except those approved in conjunction' th the permit application. The permittee shall notify the erector in sting not later than ninety () days prior to instituting use of any ditional'biocide used in cooling systems which may be toxic to aquatic life her than those previously reported to the Division of Environmental nagment. Such notification shall include completion. of Biocide Worksheet tm it and a map locating the discharge point and receiving stream. *.z, a .,k i4�;A�V�F'�aESt�,*' State of Divisioi 512 North Salisbt ;arolina I Community Development Management ktl W , k,F ,. No lina 27Est 1 irtin, Governor CERTIFIED MAIL R. Paul Wilms hodes,= Secretary RETURN RECEIPT REQUESTED Director N. Mallamo Inc. 5 C 28225 Subject: ]Permit No.;NCO067792 Eposa'ic, Inc. Mecklenburg County;` allamo: t #i 6 ! ° b U-- L G vss:.-- ar van-- .v..... .x.....--C,— a- )f this discharge. t permit does not affect the legal requirement to obt4 rich may be required by the Division of Environmental °equired by the Division of Land Resources, Coastal Ai car other Federal or Local governmental permit that mal rou have any questions concerning this permit, please dins, at telephonenumber 919/733-5083. Sincerely, 4DRIGINAL SIyNEO BY A9THUR MOUSERRY FOR R. Paul Wilms Jinn Patrick, EPA Pollution Prevention Pays PO Box 27687, RAk*, Notth Cardina 276117687 Tekovyie 919-733m7015 An Ecxual Chxxwbmftv 1 Permit No. M STATE OF WORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT E R M I T To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 14:3-21 .1, other lawful standards and regulations promulgated and adapted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Exposaic Industries, Inc. is hereby authorized to discharge wastewater from`a facility located at Exposaic Industries, Inc. Raleigh Street in Charlotte Mecklenburg County Co receiving waters designated as Little Sugar Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set :forth in Parts I, II, and III hereof. This permit shall be effective November 1 1986 This permit and the authorization to discharge shall expire at midnight on October 31, 1991 Signed this day of November 3, 198 ORIGINALSIGNED BY ARTHUR FOR R. Pa l Wilms, Director Division of Environmental Management y Authority of the Environmental Management Commission Permit No. NCO067792 SUPPLEMENT TO PERMIT COVER SHEET B posaic Industries, Inc. is hereby authorized to: 1. Continue to discharge non -contact cooling water from Bkposaic Industries, Inc. located on Raleigh Street in Charlotte, Mecklenburg County (See Part 'III of this permit) , and 2. discharge from said treatment works into Little Sugar Creek: which is classified Class'"C" waters in the Catawba River Basin. m { k A. EFFLUENT LIMITATION AND MONITORING REQUIREMENTS During the period beginning on the effectivedate 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 Dischar Limitations MonItorin ltequirement�z kg/day (lbs/day) Other Units (Specify) Measurement Sample, *Semple Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location "low Monthly Instantaneous Temperature ** ** Monthly Crab E,U,D Residual Chlorine *** ** Monthly drab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER *Sample locations.- E -- Effluent, U Upstream, D - Downstream **The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving strewm. of more than. 2.€0C and in no case cause the ambient water temperature to exceed 320C;. ***Monitoring requirements only apply if chlorine is added to the cooking water. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling ;water (See Part Ili. of this Permit). The pH shall not be less than 6.1 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab samples rt ca There shall be no discharge of floating solids or visible foam in ether than trace amounts. ;o sm� -. Part Permit N. N SCHEDULE OF COMPLIANCE imitations specs riea rar a.iscuarges in accoru uce w to €ue `olllo iag, schedule: ;guremeut. C. MONITORING AND REPORTING 1. Representative Sampling Samples collected and measurements taken as required herein shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3,) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other rpnnrf.et rpffiiirpa hprpin- Qhall hp Qiihmift-PA fn f-hp- folInwiner ision of Environmental Management er Quality Section N: Central Files t Office Box 27687 eigh, NC 27611 nitions of or "the Act": The Federal Water Pollution Control also no as the Clean Water Act, as amended, 33 U.S.C. 1, et. seg. The "daily average" discharge means the total discharge c. The "daily maximum" discharge means the total di by weight during any calendar day. b DEM or Division:means the Division of Environmental Management, Department of Natural Resources and Community Development. e. M: used herein means the North Carolina Environmental Management Commission. f . Flow, cy The flow limit expressedin this permit is the 24 hour average flow, averaged monthly. It i determined as the arithmetic mean of the total daily flows recorded during the calendar month. g,; Arithmetic ears: The arithmetic eri f any seat of values is the summation of the individual values divided by the number f individual idual values. h. Geometric et: iMean: The geometric mean of any set of values is the Nth root of the product of the individual values sphere N is equal to the number of individual' values. The geometric mean is equivalent to the a tilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero shall be considered to be one i. Composite Sample: These samples consist of grab samples collected at equal intervals l and combined ne ro ortional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The interval.s between influent grab dales shall be no greater than hourly. Interval. between effluent grab samples shill be no greater than hourly except here the detention time of the wastewater in the facility is greater than 24 house, in which case, the interval between grab ' samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than for during any discharge period of 4 hours or lea j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 4 Test Procedures Teat procedures for the analysis of pollutants all conform to the EMC regulations published pursuant to .. .G. . 14 .63 et seq, the Water and Air Quality Reporting Act and to regulations published pursuant to Section 0 g 3 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement surement or sample taken pursuant to the requirements f this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling, b.The dates the analyses were performed-, and ., Theperson(s) who performed the analyses. 6 Additional Monitoring by Permittee If the permittee monitors any pollutant of the location(s) designated herein = more frequently than required red by this permit, using approved nalytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the D fit. 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. on. 7 Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a`minimum of three 3 years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 1 PART II GENERAL CONDITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorizedherein shall, be consistent with the terms and conditions of this permit.- The discharge of any pollutant identified in this permit more frequently than or at a ,level in excess of that authorized shall constitute a violation of: the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants rust be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2 Noncompliance Notification The per ittee 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 2 hours or can 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 mounts 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 a 'mechanical or electrical failures of pumps, aerators compressors, etc. C. Any failure of apumping station, sewer ;line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. 1 Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional Ynnn 4 i nff A a C.^.*.% a 0 M IV -IT *^ A,-%4-nv-vn44-1we-, "n4-vvrA ;ing diversion from or bypass of facilities ispro >t M where unavoidable to prevent loss of 1111,plil; 11!!1111.:! 1! 1111211111 e permittee shall report by telephone to eitho ntral office or appropriate regional office vision as soon as possible but in no case more urs or on the next working day following the occurr( rst knowledge of the occurrence of any diversion pass of facilities. . Removed > Substances Solids', sludges, filter backwash, or ether pollutants removed in the course of treatment or central of wastewaters shall be disposed of in accordance with NCGS 14 5.1 and in a manner such as to prevent' any pollutant from such materials from entering graters of the. State or navigable waters of the United States. 7. Power Failures The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical poorer failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 8. Onshore` or offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. B. RESPONSIBILITIES 1. bight. of Entry their authorized representatives, upon the presentat credentials: a. To enter upon the permittee's premises effluent source is located or in which anrece :required to be kept under the terms and condit this permit; and b. At reasonable times to have access to and records required to be kept under' the ter conditions of this permit; to inspect any mon equipment or monitoring method` required in this and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any chance; in control or ownership of facilities from which the authorized discharge emanates or is contemplated, the ermittee shall notify the prospective owner or controller y 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. 3. Availability of ` Reports Except for data determined to be confidential under NCGS 143 21 ®3(a) (2) or Section 318 of the Federal Act, 33 USC 1318, all reports prepared in accordance with'tne 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 resultin the imposition of criminal penalties as provided for in NCGS 43 1 . () (2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 14 215.1(b) () and NCGS 1-215.. (e) respectively, .y, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to e following: to disclose fully all relevant facts; or c.' A change in any condition that requires eit temporary or permanent reduction or elimination c authorized discharge. . Toxic Pollutants Notwithstanding Part 11, above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or ,Krohibition s established under Section 07(a of the Act r a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, Aand "PowerFailures" (Part II, ) , nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 3 5. , 143-215.6 or Section 309 of the Federal Act, 33 U C 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil and Hazardous Substance Liability' Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which .the permittee is or may be subject to under NCGS 143 215.75 et seq.or Section 311 of the Federal .act, 33 USC 1321. Furthermore;, the permittee is responsible for; ssponsibility -for-effective compliance may be to por Lspended# >perty Rights to issuance of this permit does not convey any prof hts in either real or personal property, or any excl 4ivileges, near does it authorize any injury to pr: operty or any invasion of personal rights, nori fringrement of Federal, State or local' laws or regulat: . Severability The provisions of this permit are severable, and if any revision of this permit to any circumstance is held nval.c, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submitsuch information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prig to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NC S 143-215.6, and 3 uSC 121 et seq. 13 '' PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked issuance of this permit. The conditions, requirements, terms, and provisions of this permit authoriing discharge under the National Pollutant Discharge Elimination System; govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until. Final plans and Specifications have been submitted to the Division of Environmental management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 9A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment ' w l itmo qiievh nr mqi- hold nprtification of the grade eguivaient to or greater than the ciassirication assigned to wastewater treatment facilities. U. Groundwater Monitoring The permittee shall, upon written notice from the Directo the Division of Environmental Management, conduct groundwi monitoring as may be required to determine the complianc this NPDES permitted facility with the current groundw standards. E. Limitations Peo ene This `permit shall: be modified or alternatively, revoked reissued, to comply with any applicable effluent quidelin water quality standard issued or approved under Secti 302 (b) (2)(c) e and (d) , 304 (b)` (2) and. 30 7 (a) (2) of the Water Act, if the effluent guideline or water quality Stan so issued or approved: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the permit, 2. controls any pollutant not limited in the permit. Part III Continued Permit No. NCO0677 2 F. Toxicity Repener This permit shell he modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted can the effluent or receiving stream indicate that detrimental effects may ;he expected in the receiving stream as a result of this discharge. G. The permittee shall not use any biocides except these approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety `l ) days prior to instigating use of any .additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management Such notification shall include completion of Biocide Worksheet Form 101 and a snap locating the discharge point and receiving stream. pppppp- State of North Carolina Department of Natural Resources and Community Development Mooresville Regional Office James G. Martin, Governor Albert F. Hilton Regional Manager S. Thomas Rhodes, Secretary DIVISION CP ENVIRONMENTAL MANAGEMENT November 13,1986 M. Joseph N. Mallamo, posisc Industries, Inc, Past Office' Box 544.5 Charlotte, North Carolina 28225 Subject: NPABS Permit No. NC 0067792 Bposiac Industries, Inc. Mecklenburg County, N Dear Mt. Mall o: r records indicate that N DES Permit No. NC 0067792 was ;issued on November 3, 1986 for the discharge of wastewater to the surface waters of the i State from your facility. The purpose of this letter is to advise you of the. • aF ♦ a ! y y • i y- y R MEME EMS., Mr. Joseph N. Mallamo Page Two November 13, 1986 of day sse on B rir cation. We look forward to providing any assistance. S`, el, Ronald L. McMit Regional Supervisor 1 osure se Permit No. N O06779 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES 6 -COMMUNITY" DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgate+ and the iFederal `Water Pollution Control. Act, as amended, E posaic Industries, Inc. is hereby authorized to discharge wastewater from a facility local at Eposaic Industries, Inc. Raleigh Street in Charlotte Mecklenburg County to receiving waters designated as Little Sugar Creek in the Catawl River basin in accordance with effluent 'limitations, monitoring requirements,` other conditions set forth in Parts I, II, and III hereof. This permit shall be effective This permit and the authorization to discharge shall expire a midnight on Signed this day of -i � . . Paul Wilms, Dire c-toto Division of Environmental Mana eme By Authority of the Environmental Management Commission SUPPLEMENT TO PE Exposaie In is hereby authorized to: . Continue to discharge te, Me kleub , and �ge from said Permit No. NCO0677 2 OVER SHEET e, Inc. y k ee rare iii ui LLI.Lb kg/day (lbs/day) tither Units (Specify) Measurement. Sample *Sample Daily Avg. Daily Max. Daily Avg, Daily Max. Frequency Type Location low Monthly Instantaneous E emperature ** Monthly Grab E,U,D esidual Chlorine * * Monthly Grab THERE SHALL BE NO 'CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER *Sample locations. E - Effluent, U - Upstream, D - Downstream "The"temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.80C and in no case cause the ;ambient grater temperature` to exceed 3 0C **Monitoring requirements only apply if chlorine is added to the cooling water. Tli® �4 +,*n— r "k-1 1 ..1,.a.—A— .....a L ..—j _— —x -- .c-- --- -1- -. . . I i-. C%- 5 rental Management prior wrmit). standard units and shall be Z,.dv c� o =.r than trace amounts. Ij r