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NC0063789_Regional Office Historical File Pre 2018 (3)
C,Ki `v'tIs`ON M" C: N 7"t5,i» OVAL) Y January 20, 2016 Ms. Laurie Ison AQUA North Carolina, Inc. 4163 Sinclair St Denver, NC 28037 PAT MCCRORY DONALI) R. VAN DER VAART S'a: i"t FxS'3' S. JAY ZIMMERMAN RECEIVEDINC'DENR/DY R SAN282016 WQROS MQORESVLL.E REGIONAL 0P1=10E Subject: Rescission of NPDES Permit NC0063789 Mint Hill Festival WWTP Mecklenburg County Dear Ms. Ison: The Division has received your request to rescind the subject permit, and we do not object to your request. Accordingly NPDES permit NC0063789 is hereby rescinded, effective immediately. This letter is to close the permit file for the Division, and for your company. If in the future your firm wishes to discharge wastewater to the State's surface waters, it must first apply for and receive a new NPDES permit. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. CC: Teresa Revis / Budget ely, S. Jay Zimmernc Director Division of Water Resources State of North Carolina I Environmental Quality Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX http://portal.ncdenr. org/web/wq FbENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Thomas Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Dear Mr. Roberts: July 6, 2015 Donald van der Vaart Secretary RECEIVED/NCDENR/DW R JUL 22 2015 W©ROS MOORESVILLE REGIONAL OFFICE Subject: NPDES PERMIT ISSUANCE Permit Number NC0063789 Mint Hill Festival WWTP - Glass II Mecklenburg County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please also note that proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). Therefore, a requirement to begin reportirn discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) intemet application has been added to this final permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/admin/bo_g/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit web site: http://www2.epa.gov/compliance/proposed-npdes-electronic-reportijg rule. e fol owing If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request ,must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper Mint Hill Festival WWTP NC0063789 July 6, 2015 Page 2 If you have any questions or need additional information, please do not hesitate to contact Maureen Kinney of my staff at (919) 807-6388. S. Jay Zimmerman, Direct Division of Water Resources, NCDENR cc: Central Files Permit NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NA'I'I:iI A DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE SOURCES RECEIVED/NCOENR/DWR JUL 22 2015 WQROS MOORESVILLE REGIONAL OFFICE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Aqua North Carolina, Inc. is hereby authorized to discharge wastewater from a ac Mint Hill Festival WWTP NCSR 3128 at NC Highway 51 Charlotte Mecklenburg County y located at the to receiving waters designated as Irvins Creek (McEwen Lake) in the Catawba River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV hereof. This permit shall become effective July 1, 2015. This permit and authorization to discharge shall expire at midnight on June 30, 2020. Signed this day April 30, 2015. S. J Zimmerman, Director DMsion of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0063789 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Aqua North Carolina, Inc. is hereby authorized to: Continue to operate an existing 0.035 MGD wastewater treatment system that includes the following components: • Equalization basin • Bar screen +► Diffused aeration basin • Secondary Clarifier • Tertiary sand filter • Aerobic sludge digester • Chlorine contact chamber with tablet disinfection • Tablet dechlorination • Post Aeration • Flow meter with totalizer This wastewater treatment system is located at the Mint Hill Festival WWTP on NCSR 3128 (at NC Highway 51) south of Wilgrove in Mecklenburg County. 2. Discharge from said treatment works at the location specified on the attached map into Irvins Creek (McEwen Lake), currently classified C waters in sub -basin 03-08-34 of the Catawba River Basin. Page 2 of 6 Permit NC0063789 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on effective date of this permit and lasting until expiration, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored' by the permittee as specified below: EFFLCiEN'I' CHARACTERISTICS Parameter Code Flow 50050 BOD, 5-day (20°C) — Winter C0310 EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average 0.035 MGD leasurernent Frequency Continuous Sample Type ample cation Recorder Effluent 10.0 mg/L 15.0 m Weekly Composite Effluent OD, 5-day (20°C) — Summer C0310 5.0 mg/L 7.5 mg/ Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite . Effluent NH3 as N — Winte C0610 4.0 mg/L 20.0 Weekly Composite : Effluent NH3 as N — Summer* C0610 2.0 mg/L 10.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric.mean 31616 200/100 m. 400/100 M1 Weekly Grab Effluent Total Residual Chlorine 50060 17 µg/L 2/week Grab Effluent Temperature (°C) 00010 Dissolved Oxygen 00300 Daily average > 6.0 mg/L Daily Grab Effluent Weekly Grab Effluent pH 00400 Temperature(°C) 3 00010 Dissolved Oxygen 00300 *Winter: *Summer: April 1 - October 31 November 1 - March 31 Not < 6,0 nor> 9.0 Standard Units Weekly Weekly Weekly Grab Effluent Grab Grab Upstream & Downstream Upstream & Downstream Footnotes: 1. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A.(2.). 2. The Division shall consider all effluent TRC values reported below 50 µg/I to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 1.1g/1. 3. Upstream: at least 100 feet upstream from the outfall. Downstream: at least 300 feet downstream from the outfall. THERE SHALL BE NO DISCHARGE OF FLQATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS, Page 3 of 6 Permit NC0063789 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish asystem to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA), NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1 Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. I, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the perrnittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portalmcdenr.org/web/wq/admin/bog/ipu/ednir Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Page 4 of 6 Permit NC0063789 2. Signatory Requirements (Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http:llportal.ncdenr orglweb/wcr/admit/boy/inu/ed Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22], NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Records Retention (Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 6 Aqua North Carolina, Inc. Mint Hill Festival WWTP County: Mecklenburg Stream Class: C Receiving Stream: Irvins Creek (McEwen Lk) Sub -Basin: 03-08-34 Latitude: 35° 10' 35" Grid/Quad: G16NW/ Mint Hill Longitude: 80° 39' 45" HUM 03050101 Page 6 of 6 Facility Location (not to scale) NPDF'8Permit Standard Conditions Page \ofl# PART 01 STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with o1least ten calendar days between sampling events. These samples shall hm representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period, Act or"the A:\" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 125 1, et. seq. Annual Average The arithmetic mean o[all "daily discharges" o[upollutant measured during the calendar year, lnthe case u[fecal, co|i5mnn,the geometric mean ofsuch discharges, Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment flacility including the collection system, which is not udesigned orestablished oroperating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this pen -nit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling, Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March,April through JU11C, July through September, and October through December. Composite Sample /\ sample collected over n24'6ou,period bycontinuous sampling n,combining grab samples oym\least 100ooLio such omanner ov to result in utotal sample representative of the wastewater discharge during the sample period.. The Director may designate the most appropriate nnuH`o6 (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite munopios may bnobtained bythe following methods: (}) Continuous: using\c, continuous sample collected over u24'buurperiod proportional (othe rate o[flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual xurop|c collection, or (3) Variable time/constant vo|unne:useries ofgrab samples ofequal volume collected over u24hour period with the time intervals 6c/*coo ounnp\ux determined hyxpreset number of gallons passing the sampling point. Flow measurement between sample intervals shall be detennined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed o1oogreater than |/24ufthe expected total daily flow od the treatment system, or NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: • Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters • influent samples shall not be collected more than once per hour. ➢ Permittces with wastewater treatment systems whose detention tune < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. • Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without in.terru.ption throughout the operating hours of the facility. Flow shall be monitored continually except ,for the infrequent times when there may he no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a_pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; sec also "Composite Sa.mple," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week. for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, .Department of .Enviroment and Natural Resources. .Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection. Agency Facility Closure Cessation of all activities that require coverage mder this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean. The Nth root of the product of the individual values where N = the number of individual. values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be represcnta.tive of the discharge (or the receiving stream, for instream samples). Version 11/09/2011.1 NP ES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311of the CWA. instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. .Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. in the case of fecal coliform or other bacterial parameters or indicators, the geometric mea.nof such discharges. Permit Issuing Authority The Director of tb.e Division of Water Resources. Quarterly .Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of:naturalresources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant :listed as toxic under Section 307(a)(1) of the CWA.. Upset An incident beyond the reasonable con.troi of the Pennittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive, maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar wee.k. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this pennit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the tine provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301., 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requi:rement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation_ [33 USC1319(d) and 40 CFR 1.22.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302., 306, 307, 308, 318, or 405 of th.e Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment. program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011.1 NPDGSPermit Standard Conditions Page 4 of 18 imprisonment of not more than lyear, mboth. In the case ofusecond m subsequent conviction for a, negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not i nore than 2 years, or both. [3 3 U SC 13 19(c)( I ) and 40 CFR 122.41 (a)(2)] & Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal Penalties o[$5,00Oco$5O,000per day *fviolation, orimprisonment for not more than 3 years, orboth. 1nthe case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties ofnot more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. []3 []OC l]|9(c)(2)and 40CFR }22.41(u)(2)] c. Any person who knowingly violates section 30l,302,3O3,306,]07,308,]l#or405o/the Act, orany permit condition or|imdodonimplementing any o[Such sections inupermit issued under section 402n[the Act, and who knows atthat time that he thereby places another person in imminent danger of death or serious bodily irijury, shall, upon conviction, be Subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both, In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall bcsubject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, hcsubject <nufine nfnot more than $l,000,0UOand can bcfined upio $2,O8U,OO8for second orsubsequent convictions. [40CPR|22.4i(u)(2)] Under state |u*, ocivil penalty o[not more dhuu $25,0O0per violation may hcassessed against any person who violates o,I'ai\a to act in mcourduoco with the terms, xoodibouo' or requirements oFapermit. [North Carolina General Statutes § 143'215.6/\l Any person may be assessed an administrative penalty by the Achninistrator for violating section 301, 302, 306,307,300.3l8or405ofthis Act, orany permit condition o,limitation implementing any u[such sections in a pen -nit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Peox|hoo{orC|auo||vio|udonxorcnoi\ocxuoud$i6,08OperdayK`reuc6dayduhng*bichtho violation continues, with tile maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC |3|V(Q)(2)and 4UCFR 122.41,(o)(3)] 2. Duty toMitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this peri-nit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. l Civil and Criminal Liability Except amprovided io permit conditions ou"Bypassing" (Part ILCA), "Upsets" (Part II.C.5) and "Power Failures" (Part U.L7),nothing iothis pert -nit shall bcconstnudto relieve the pumdteofrom any responsibilities, liabilities, orpenalties for noncompliance Pursuant (oNCGS |43-2)5.3,|43'2li6nrSection 909n[the Federal Act, 33Q8C 1319. Furthermore, the Petinittec is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may hetemporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of anylegal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Perrilittee is or may be subject to under NCGS 143 2i5.75otoc4.urDocdnn3I/oFibeFcdern|8ci,]3USCl32|.Fm1bunnoru,dbePenmiUceixrcmpoowib|u5or consequential darnages, such as fish kills, even though the responsibility for effective cornpliancernay be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property tights in either real or personal property, or any exclusive privileges, nor does itauthorize any injury 1nprivu|cpnoyoUyorunyinvuoiunofpcmnuuldoh|x'oornuy infringement ofFederal, State orlocal laws orregulations [48CFR. 12241(�)] 6. Onshore or(]ffisbormConstruction This permit does not authorize or approve the construction of any Onshore or offshore physical structures or facilities orthe undertaking ofunywork inany navigable waters. 9- Vemion11&9120YY.1 NPDESPermit Standard Conditions Page 5 of 18 7. Severa.bility The provisions of thispen-nit are severable. l[any provision v[thimpern`it orthe application mfuny provision of this permittoany circumstances, is hold invalid, the application u[such provision to other Circumstances, and the remainder o[this ponnd,shall not bcaffected thereby [NCGB 15013'23]. 8. Dutv|o Provide luformation The Pc/utdtccshall furnish, tothe Permit Issuing Authority, within mreasonable time, any information which the Pcmoi| Issuing Authority may request to de\cnniocwhether cause exists for modifying, revoking and reissuing, or terminating this po,//Jtor to determine compliance with tbisyemuiL The Pcrmbico xhuU also furnish to the Pen -nit Issuing Authority upon request, copies of records required by this permit [40 CFR 122A 1 (h)]. 9. Duty toReapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this pcn-nit, the 9conittmemust apply for and obtain anew permit [40CF\l|224|(b)]. 10, Expiration o[Pen-nit IboPonuiUeoia not authorized to discharge after the expiration date. In order to receive automatic authorization W discharge beyond the expiration date, the Pennittee shall subrait such information, forms, and fees as are required bythe agency authorized toissue pen -nits nolater than \88days prior tothe expiration date unless permission for u later date has been granted by the Director, (ThcDircctor shall not grant permission for applications to be subinitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittce that has not requested renewal at least 180 days prior to expiration, or any Permince that does not have a pert -nit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures amprovided inNCGS l43-2l5.6and 33DSC 1251 cLxeq, i|. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CPKL\224l(k)], a. All pen -nit applications shall be signed as follows: (l) For ucorporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate o[Oucrmcuom: (u) upn:oidnnt, socrotary, treasurer orvice president o[the corporation in charge nfaprincipal buaiuoox function, urany other person who performs similar policy ordecision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized oumake management decisions which govern the operation of' the regulated facility including having the explicit orimplicit duty ofmaking majorcapital investment, recommendations, and initiating and directing other comprehensive measures to assure long tcno environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit, application requirements; and where authority to sign documents has been assigned or delegated to the manager inaccordance with corporate procedures . (2) For a partnership or sole proprietorship � by a general partner or the proprietor, respectively; or (3) For amunicipality, State, Federal, orother public agency: hyeither nprincipal executive officer nr ranking elected official [4OCFK(22]2]. h. All reports required by the permit and other inioonadon requested hyibcPoroitIssuing Authority ubu(| be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is aduly authorized representative only if: (i) The authorization ixmade inwriting hyuperson described above; (2) 'The authorization specified either uo individual oruposition having responsibility for the overall operation ofthe regulated facility o«activity, such as the position ofplant manager, operator ofawell orwell field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual Occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CF,R 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 1.8 c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 properlygather and evaluate the information submitted Based on my inquiry of"the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief; true, accurate, and complete. 1 am aware that there are significant penalties far° submitting false information, including the possibility offines and imprisonment for knowing violations," 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Pennittee for a permit modification, revocation and rcissuance, or termination, or a notification of planned. changes or anticipated noncompliance does not stay any permit condition [40 CFR '122.41(f)]. 13. Permit Modification, Revocation and Reissuanee, or Ter►nination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the pc►mit, or terminating the pennit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 1.23; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Pcrmitt_ee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15.A NC.AC 02F1 .0'105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls I . Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission. (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In. Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception. of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System. Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up OR.C) of the proper type and grade; or a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 11/09/2011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ()RC of each Class 1 facility (or the Back-up OR.C, when acting as surrogate for the ORC) must: Y Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility mustbe visited at least weekly • Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class I1,11.1 and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: • Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at leastfive days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility Y Comply with all other conditions of 1.5A NCAC 08G .0204. Proper. Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 1.22.41.(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of th.c facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41. (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 1.22.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Pernittee knows in advance of the need for a bypass, it shall submit prior notice, ifpossibl.e at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part ll.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Pennit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a' bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 8 of :1.8 2. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology -based. permit effluent limitations if the requirements of paragraph b. of this condition are m.et. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed., contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part 1.I.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part .11.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in. any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatmen.t or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with allapplicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and I5A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Pennittee is responsible for maintaining adequate safeguards (as required by 15A NCA.0 02H .0124) to preventthe discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records I. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall 'be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluentjoins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the .Permit Issuing Authority [40 CFR 122.41(j)]. Repotting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR I., 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. Th.e first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shallbe submitted to the following address: Version 11/09/2011.1 NPDES Permit Standard Conditions Page9of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3, Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement d.eviccs shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Pcrmittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EM.0 regulations (published pursuant to NCGS 143-21.5.63 et, seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1.314, of the CWA (as amended), and 40 CFR 1.36; or in the case of sludge use or disposal, approved under 40 CF.R 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit; all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge :requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must he used. 5. Penalti.es for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained. under this permit. shall, upon conviction, be punished by a fine of not more than $1.0,000 per violation, or by impnsonm.ent for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122,4.1]. 6. Records Retention Except for records of monitoring information required by this permit related to the Perittee's sewage sludge use and disposal activities, which shall be retained for a period of at Least five years (or longer as required by 40 CFR 503), the Permtttee shall retain records of all monitoring information, including: • all calibration and maintenance records ➢ all original strip chart recordings for continuous rnonitonng instrumentation ➢ copies of all reports required by this permit ' copies of all data used to complete the application for this permit These records or copies shall he maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be cx.tended by request of the Director at any time [40 CFR 1.22.411. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant. to the requirements of this permit, the Pennittee shall record the following information [40 CFR 122.41.]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Pennittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other docurne.nts as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. 1-lave access to and copy, at reasonable times, any records that must he kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this perniit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 1.22.41(i)]. Section E Reporting .Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level. in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR. 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(:1); or c. The alteration or addition results in a significant change in the Pennittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification ofadditional 'use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Pennittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4 Transfers This pen:nit is not transferable to any person without prior written notice to and approval. from the Director in accordance with 40 CFR 1.22.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2.„ and may 'require modification or revocation and reissuance of the pe.nnit, or a minor modification, to identify the new permittce and incorporate such other requirements as may be necessary under the CWA. [40 CFR 122..41(1)(3),122.611 or state statute. Version 11/09/2011 NPDES Permit Standard Conditions Page 11 of 1.8 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part If.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Pennittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit, or other a.ppropriatc instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted. on the DMR.. 6. Twenty-four Hour Reporting a. The Pennittee shall report to the Director or the appropriate Regional Office any noncompliance that. potentially threatens public health, or the environment. Any information shall be provided orally within 24 hours from the time the Pennittee became aware of the circumstances. A written submission shall also he provided within 5 days of the time the Pennittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 1.22.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Pernittee shall report all instances of noncompliance not reported under Part I.I.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 1.1.E.6. of this permit [40 CFR 122.41(1')(7)]. 8. Other lnfo.nnation Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted. incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 1.22.41(1)(8)]. 9. Noncompliance Notification The Penmittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents ofa sludge digester; the known passage ofa slug ofharardou.s substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure ofa pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part JV.C.2.c. of this permit. lfl. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 131.8, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly rna.king any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.l (b)(2) or in Section 309 of the Federal Act. Version 11/09/2011,1 NPDES Permit Standard Conditions Page 1.2 of 18 1.1.. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this -permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12, Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-21.5.1C). The report shall summarize the performance ofthe collection or treatment system, as well as the extent to which the facility was compliant with. applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC .DFNR / Division of Water Resources / Water Quality Permitting Section A.TTENT.10N: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011.1 NPDES Permit Standard. Conditions Page 13 of 18 PART III. OrI.HER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the .Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. In accordance with NCGS 143-215,1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into .the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. Issuance of an AtC will not occur until Final Plans and Specificat.ion.s for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be requ.ircd to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 1.22.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/L); (2) Two hundred micrograms per .liter (200 ug/L) for acrol.ein and acrylonitrile; five hundred' ogra. per liter (500 ug/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (l mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (I) Five hundred micrograms per liter (500 µg/L); O One milligram per liter (1 mg/L) for antimony; O Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee tnust notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 14 of 1.8 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions hi addition to the definitions in Partll of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CF.R. 403.3 (i) and (j) and 1.5A. NCAC 021-1. 1)] Interference Inhibition or disruption of the .purwtreatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different frorn the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, orpermits. [15A. NCAC 02H .0903(b)(14)] Pass Through. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with. discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the .Permittee's (or any satellite POTW's, if different from the Permittec) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 21.2 of the CWA., which is owned by a State or local government. organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [1.5A NCAC 0211 .0903(b)(26)] "Significant Industrial. User" or "MU" An industrial User that discharges wastewater into a publicly owned treatment works and that [I.5A NCAC 021-1 .0903(b)(33)]: I. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown. wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CF.R. Parts 405-471; or 4. Is designated as such by the .Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit., or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the .Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant industrial User (SIU); or 6. Subject to approval under 15A. NCAC 02H. .0907(h), the .Perrnittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the .requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011.1 NPDES Pennit Standard Conditions Page 15of1.8 All POTWs must provide adequate notice to the Director of the following [40 CFR 1.22.42(b)]: 1.. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuancce of the permi't. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the .POTW. Section C. Municipal Control of Pollutants from Industrial Users. l . Effluent limitations are listed in Part 1 of this permit. Other pollutants attributable to inputs from Industrial. Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR, 403. [40 CFR 403.5(a)(i )] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)1: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21.; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen. demanding pollutants (SOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (1.04°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all. discharges into the POTW, including slug Toads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided. orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and timesjf the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part .1 of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet -Federal Pretreatment Standards developed under Section 307(b) of the Act as amended. (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from. any Significant Industrial Uscr (SIU), the Permittee shall either develop and submit to the Division a new. Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well. as 1.5A. NCAC 02H .0907(a) and (b). [40 CFR 122.44(0(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved „POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) ofthe CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and ( •,) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 1.5A NCAC 02.14..0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 1.22.44(j)(2)] The Permittee sh.ali operate its approved pretreatment prograrn in accordance with Section 402(b)(8) of the CWA., 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in. its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not binned to the implem.entatio.nof the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 1.5A. NCAC 0211 .0903 and 40 CFR 403.3. 1. Sewer Use Ordina.nce 'SU° The Pei mince shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 0211 .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(1)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and .I5A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial. Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless th.c pretreatmentprogram in those satellite service areas is administered by a separate Permittee with an approved .Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. Th.e IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02U .0903(b)(13), .0905 and .0906(b)(2); 40 CFR. 403.8(0(2) and 403.9] 3. Monitoring Plan. The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ftD and .11..E.5.). [1.5A NCA.0 0211 .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (FIWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to th.e Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA. or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A. NCAC 0211 .0909. Pursuant to 40 CF.R 403.5, local limits are Version 11/09/2011 1 RECEIVED/NCDENR/DWR MAR 6 2015 WQROS NCDENR MOORESVILLE REGIONAL OFFICE North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Thomas Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Dear Mr. Roberts: Donald R. van der Vaart Secretary March 11, 2015 Subject: DRAFT NPDES PERMIT Permit Number NC0063789 Mint Hill Festival WWTP — Class II Mecklenburg County Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. Your permit is among several in the Catawba Basin that the Division has targeted for expedited renewal. The following modification has been made to this draft: • A requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to this draft, see Special. Condition A. (2.). For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http:/./w wv, ?.e a ,gov/cc r Ipliance/j roposcd-npdes-electrronic-reporti ng rule. Please confirm that the permit is accurate and reflects the actual treatment system components (see Supplement to Cover Page). You may submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in late April 2015, with an effective date of July 1, 2015. 1617 Mail Service Center, Raleigh. North Carolina 27699-'1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal Opportunity :Affirmative ACtion Employer - Made In part by recycled paper Mint Hill. Festival WWTP NC0063789 March 11, 2015 Page 2 If you have any questions or comments concerning this draft permit, please contact me at (919) 807-6388 or Maureen.Kinney@ncdenr.gov. Sincerely, Maureen Kinney Division of Water Resources, NCDENR cc: NPDES Unit ec: Supervisor, DWR Mooresville Regional Office Jeffery Mitchell: Jeffery.mitchell@mecklenburgcountync.gov Steve Reid, DWR, Operator Certification Unit Permit NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North. Carolina General Statute 143-215.1, other lawful. standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Aqua North Carolina, Inc. is hereby authorized to discharge wastewater from a facility located at the Mint Hill Festival WWTP NCSR 3128 at NC Highway 51 Mecklenburg County to receiving waters designated as Irvins Creek (McEwen Lake) in the Catawba River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III. and IV hereof. This permit shall become effective , 2015.. This permit and authorization to discharge shall expire at midnight on June 30, 2020. Signed this day , 2015. DRAFT S. Jay Zimmerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0063789 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Aqua North Carolina, Inc. is hereby authorized to: Continue to operate an existing 0.035 MGD wastewater treatment system that includes the following components: • Equalization basin • Bar screen • Diffused aeration basin • Secondary Clarifier • Tertiary sand filter • Aerobic sludge digester • Chlorine contact chamber with tablet disinfection • Tablet dechlorination • Post Aeration • Flow meter with totalizer This wastewater treatment system is located at the Mint Hill Festival WWTP on NCSR 3128 (at NC Highway 51) south of Wilgrove in Mecklenburg County, 2. Discharge from said treatment works at the location specified on the attached map into Irvins Creek (McEwen Lake), currently classified C waters in sub -basin 03-08-34 of the Catawba River Basin. Page 2 of 6 Permit NC0063789 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on effective date of this permit and lasting until expiration, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored' by the permittee as specified below: Flow 50050 BOD, 5-day (20°C) — !Winter C0310 BOD, 5-day (20°C) -- Summe C©310 Total. Suspended Solids C0530 as ;`O610 er 0.035 MGD Continuous Recorder 10.0 mg/L 15.0 mWeekly Composite 5.0 mg/L 7.5 mg/L Weekly Composite 30.0 mg/L 45,0 m Weekly Composite 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Effluent Effluent Effluent Effluent NH3 as N -- Summe C©610 Fecal Coliform (geometricmeana 1616 Total Residual Chlorine 50060 Temperature (°C) 00010 Dissolved Oxygen 110300 pH 00400 Temperature(°C) 00010 Dissolved Oxygen 00300 *Winter: *Summer: April 1 - October 31 November 1 - March 31 2.0 mg/L 10.0 mg/L Weekly Composite 200/100 ml 400/100 ml Weekly 17 µg/L 2/week Daily Grab Grab Grab Daily average > 6,0 mg/L Weekly Grab Not < 6.0 nor > 9.0 Standard Units Weekly Grab Weekly Grab Weekly Grab Effluent Effluent Effluent Effluent Effluent Effluent Upstream ; Downstream Upstream Downstream Footnotes: 1. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A.(2.). 2, The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/1. 3. Upstream: at least 100 feet upstream from the outfall. Downstream: at least 300 feet downstream from the outfall. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 6 Permit NC0063789 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)1 Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA), NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting (Supersedes Section D. (2.) and Section E. (5.) (all Beginning no later than 270 days from the effective date of this permit. the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 if a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this pelinit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://porta11.r cdenr.org/web/»q/admin/bpglipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Page 4 of 6 Permit NC0063789 2. Siznatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/adminibogiipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of lcrw, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete, I am aware that there are significant penalties for submitting false information, including the possibility of -fines and imprisonment for knowing violations," Records Retention (Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 6 DISCHARGE. DUTFALL 001 Aqua North Carolina, Inc. Mint Hill Festival WWTP County: Mecklenburg Stream Class: C Receiving Stream: Irvins Creek (McEwen Lk) Sub -Basin: 03-08-34 Latitude: 35° 10' 35" Grid/Quad: G16NW/ Mint Hill longitude: 80° 39' 45" HUM 03050101 Facility Location (not to scale) NPDES Permit: NC0063789 Page 6 of 6 5ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Thomas J. Roberts, President & COO AQUA North Carolina, Inc, Mint Hill Festival WWTP 202 MacKenan Court Cary,NC27511 Dear Mr. Roberts: Donald R. van der Vaart Secretary February 12, 2015 Subject: Acknowledgement of Permit Renewal Permit NC0063789 Mecklenburg County The NPDES Unit received your permit renewal application on February 11, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Maureen Kinney (919) 807-6388. Sincerely, Wre T e4 Wren Thedford Wastewater Branch cc: Central Files NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492/Customer Service: 1-877-623-6748 Internet:: www.ncwvater.orq An Equal opportunitylAtfirmative Action Employer February 3, 2015 NCDENR/Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-0167 PDES I.J Re: Application for Pei it Renewal Aqua. North Carolina, Inc. Mint Hill Festival WWTP NPDES No. NC0063789 Mecklenburg County Gentlemen: Water Quality Permitting Sectior Enclosed are three copies of the completed application Form D-WWTP. This sulrnittal includes the necessary, attachments for your office to renew the subject permit. Should you need any additional information or assistance, please feel free to contact our Regional Compliance Manager, Michael A. Melton at 704-489-9404, Ext. 57238 or email at MAMelton car aquaan terica.com. Thomas I Roberts President and COO Enclosures 202 MacKenan Court Cary, NC 27511 • 0: 919,467,8712 • Fv 919,460,1788 • AquaAmerica com For NPDES APPLICATION - FORM D privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0063789 If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address AQUA NORTH CAROLINA, INC. MINT HILL FESTIVAL WWTP 202 MACKENAN COURT CARY NC 27511 RECEIVEUIDENR/DWR (919) 653-5770 EB . 1 1U15 (919)460-1788 tjroberts@aquaamerica.com t later Quality Pe q Section 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road NCSR 3128 at Highway 51 City State / Zip Code County CHARLOTTE NORTH CAROLINA, 28278 MECKLENBURG 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number AQUA NORTH CAROLINA, INC 202 MACKENAN COURT CARY NORTH CAROLINA 27511 (919) 653-5770 (919) 460-1788 1 of 3 Form-© 05/08 For NPDES APPLICATION - FORM D privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Waste watercheck all that apply): Industrial. Commercial Residentia School Other Describe the source restaurants, etc.): Population served: Number of EI Number of Employ Number of Home Number of Studen Explain: eater (example: subdiv Commercial Connections 5. Type of collection system (sanitary sewer only) 0 Co 6. Outfail Information: Number of separate d charge paints Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? LJ Yes 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): To receiving waters designated as Lake Norman (Reeds Creek Arm) in the Catawba River Basin. Frequency of Discharge: If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. if the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. The 0.435 MGD package plant consist of the following: • Equalization basin Bar screen Diffused aeration basin • Secondary Clarifier Tertiary sand filter Aerobic sludge digester Chlorine contact chamber with tablet disinfection Tablet Dechlorination Post Aeration Flow meter with totalize: 2 of 3 Form-D 05/08 1Prr NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.035 MGD Annual Average daily flow 0.009 MGD (for the previous 3 years) Maximum daily flow 0.100 MGD (for the previous 3 years) 11. Is this facility located on Indian country. © Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Conform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Biochemical Oxygen Demand (BOD5) Fecal Coliform Total Suspended Solids Temperature (Summer Temperature (Winter) pH Daily Maximum 10.3 300.0 10.0 28.0 16.0 8.3 Monthly Average 1.3 3.6 2,6 21.9 10.0 N/A 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NC0063789 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Units of Measurement MG/L #/ 100ML MG/L °Celsius ° Celsius UNITS Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Thom Prin a. S Signature of A., •licant President & Chief Operating Officer Title North Carolina General Statute 143-215,6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both, (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08 SLUDGE MANAGEMENT PLAN For Aqua North Ca No sludge w°ill be treated on any wastewater Aqua N.C., Western Division 0 na, Inc. eatment lant e opera.ted by Where practical, sludge removed from a Aqua N.C., Western Division facility will be transported via a contract hauler to another Aqua N.C., Western Division facility for the purpose of "seeding" a new or under loaded plant. Unusable (or "dead") sludge will be removed by a contract hauler and properly disposed of in accordance with NCGS 143-215.1. Contract haulers used by Aqua N.C., Western Division will be required to report the quantity of sludge transported and identify the location of the proposed disposal site if the sludge is not taken to an existing plant operated by Aqua N.C., Western Division. Aqua N.C., Western Division has not entered into any agreement to accept sludge into its facilities from plants not owned by them. Aqua N.C., Western DDivision wall keep records on the cuantity of sludge removecl .from each facility, the name ofthe confer et hauler, and the destination of the sludge (whether used in another plant or disposed of). The information will be kept on file and will be made available to any regulatory agency having juriscliction over sludge treatment or disposal. AqN.C., Western Division ins the iMooresville Regional Office, 11 of the facilities under the yj urisdiction of 202 MacKenan Court • Cary, North Carolina • 27511. • 919-467-8712 Aqua North Carolina, Inc. Mint Hill Festival WWTP Mecklenburg Strum Class: C Irvins Creek (Mc wen Lake) Sub-Bnstn: 030834 35° 10' 35" Grid/QuerL C316NW 80° 39' 45" Mint Hill udc: ngihidc: NORTH NPDES Permit No. NC0063789 Beverly Eaves Perdue Governor Mr. Tom .Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Dear Mr, Roberts: NCDENR North Carolina Department of Environment and Na Division of Water Quality Coleen H. Sullins Director July 6, 2010 Resources Subject: NPDES Permit Correction Permit Number NC0063789 Mint Hill Festival WWTP Mecklenburg County Dee Freiman, Secretary:_. The Division's Mooresville Regional office notified me that the discharge location shown on the map in your current NPDES permit was incorrect. Upon review of the subject permit a correction to the discharge location shown on the map was made. The attached permit/map page should be placed in the permit and the old page discarded. If you have any questions or need additional information, please do not hesitate to contact Maureen Scardina of my staff at (919) 807-6388. Sincerely, aufeen Scardina Enclosure cc: Central Files NPDES Unit Files v/Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality,org An Equal Opportunity \ Affirmative Action Employ N©rthCarohna Naturally Aqua North Carolina, Inc. Mint Hill Festival WWTP County: Mecklenburg Stream Class: C Receiving Stream: Irvins Creek (McEwen Lake) Sub -Basin: 030834 Latitude: 35° 10' 35" Grid/Quad: G16NW Longitude: 80° 39' 45" Mint Hill NPDES Permit No. NC0063789 AIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2010 Mr. Tom Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Dear Mr. Roberts: JUN 17 2010 Subject: NPDES PERMIT ISSUANCE Permit NumberNC0063789 Mint Hill Festival WWTP Mecklenburg County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please take notice that' this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Scardina of my staff at (919) 807-6388. Sincerely, Coleen H. Sullins Director, Division of Water Quality cc: Central Files NPDES Unit Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www,ncwaterquality.orq One NorthCarolina Naturally An Equal Opportunity i Affirmative Action Employer Permit NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Aqua North Carolina, Inc. is hereby authorized to discharge wastewater from a a y located at the Mint Hill Festival WWTP NCSR 3128 at NC Highway 51 Mecklenburg County to receiving waters designated as Irvins Creek (McEwen Lake) in the Catawba River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I„II, III and IV hereof. This permit shall become effective July 1, 2010. This permit and authorization to discharge shall expire at midnight on June 30, 2015. Signed this day June 15, 2010. en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0063789 SUPPLEMENT TO PERMIT COVER. SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Aqua North Carolina, Inc. is hereby authorized to: Continue to operate an existing 0.035 MGD wastewater treatment system which includes the following components: ➢ Equalization basin ➢ Bar screen ➢ Diffused aeration basin ➢ Secondary Clarifier ➢ Tertiary sand filter ➢ Aerobic sludge digester ➢ Chlorine contact chamber with tablet disinfection ➢ Tablet dechlorination ➢ Post Aeration ➢ Flow meter with totalizer This wastewater treatment system is located at the Mint Hill Festival WWTP on NCSR 3128 (at NC Highway 51) south of Wilgrove in Mecklenburg County. 2. Discharge from said treatment works at the location specified on the attached map into Irvins Creek (McEwen Lake), classified C waters in the Catawba River Basin. Aqua North Carolina, Inc. Mint Hill Festival WWTP County: Mecklenburg Stream Class: C Receiving Stream: lrvins Creek (McEwen Lake) Sub -Basin: 030834 Latitude: 35° 10' 35" Grid/Quad: GIGNW Longitude: 80° 39' 45" Mint Hill Facility Location (not to scale) NPDES Permit No. NC0063789 Permit NC0063789 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on July 1, 2010 and lasting until expiration, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS Parameter Description PCS Code Monthly Average ily Maximum Measurement Frequency Sample Type , Sample Location Effluent Flow, in conduit or thru treatment plant 50050 0.035 MGD Continuous Recorder BOD, 5-Day (20 Deg. C) 00310 - Winter 10.0 mg/L 15.0 mg/L Weekly Composite Effluent BOD, 5-Day (20 Deg. C) 00310 - Summer 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Solids, Total Suspended 00530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Nitrogen, Ammonia Total (as N) 00610 - Winter 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Nitrogen, Ammonia Total (as N) 00610 - Summer 2.0 mg/L 10.0 mg/L Weekly Composite Effluent Coliform, Fecal MF, M-FC Broth,44.5C 31616 (geometric.mean) 200/100 ml 400/100 ml Weekly Grab Effluent Chlorine, Total Residuals 50060 17 µg/L 2/week Grab Effluent Temperature, Water Deg. Centigrade 00010 Daily Grab Effluent Temperature, Water Deg. Centigrade 00010 Weekly Grab Upstream & Downstream DO, Oxygen, Dissolved2 00300 ' Weekly Grab Upstream & Downstream DO, Oxygen, l5issolved3 00300 — • Weekly Weekly Grab Grab Effluent Effluent pH4 00400 Winter: November 1 - March 31 Summer: April 1 - October 31 Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ttg/1. 2. Upstream: at least 100 feet upstream from the outfall. Downstream: at least 300 feet downstream from the outfall. 3. The daily average dissolved oxygen (DO) effluent concentration shall not be less than 6.0 mg/L. 4. 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, NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 7/2009 NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: • Influent and effluent grab samples shall be of equal size and of no less than 100 rnillihiters • Influent samples shall not be collected more than once per hour. • Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. • Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Envfronment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Version 7/2009 Grab Sample Individual samples of at least 100 ml collected over a period of collected manually. Grab samples must be representative of samples). NPDES Permit Standard Conditions Page 3 of 18 e not exceeding 15 minutes. Grab samples can be discharge (or the receiving stream, for instream Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit). The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 7/2009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 12141 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 1 Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 7/2009 NPDES Permit Standard Conditions Page 5of18 of the Federal. Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Pernttee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Pe [40 CFR 122.41 (k)]. Issuing Authority shall be signed and certified a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 7/2009 NPDES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations," 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 21-1.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 7/2009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly A. Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 7/2009 NPDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b, Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Perntit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 7/2009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15.A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part .I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 7/2009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: 1� all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation • copies of all reports required by this permit • copies of all data used to complete the application for this pernut These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 7/2009 NPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c, The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the pe activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. d facility or other 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this pe mit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 7/2009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following-. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall sutnrnarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 7/2009 NPDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatrnent capacity, nor change the treatrnent process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 7/2009 NPDES Permit Standard Conditions Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its to municipal facilities: POTW regulated under section e process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] u Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)1: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 7/2009 NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Secrictn C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2, Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the WW'TP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WW IP. The Permittee shall report such discharges into theo the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates Version 712009 NPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as arnended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 211.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (t) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey S). The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (t) (2) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Version 7/2009 e shall submit to the Division a written A or documentation of r11y one is no ith 40 CFR 403.5 (c) and 15A ted in 40 CFR 403.5 (a) and (b) 8tan�d Conditions Page 17 of 18 ocal limits (z e an tee shall develop, in l .09?; specific ocl its to implement the A NAC 2H.0909. al evaluatio dust .ial Wier prctrcguicnt Permits . P) &.Allocativ ccordance with NCGS 143-215.1, of pretreatment equipment ions sampling protocols, schedules as neces ch apprr vea p rei co ip ance Pernaittee nit ll rtit ill pplicble pretreatt r ttrsn able (A ') which suite itt f►r each parameter cann A NC,t ;C 21L0909, »d916, and .0917, 4 o conduct i applicable ptr all Sinicatt 1 Deceti For compoun requirements t utlC ed * in 15A NCAC 2H .0908. 122.44®(2)] iorion-to Ccnst tion of any Iptetrea atinent process rit limitations: 1 theitUs Mori, survillatxc d t to deteti Win cir o ie co of this pat" Tables IC, °CE &istrial users to +coin Division -approved pretreatna SA NCAC 2H .0906(b)(4) an NPDES Perini fieant industrial users, permits ftr ee's t eatme t works. These permits sha propriate standard and special condit rrtts, Went and control technologies to assure that end regq ments. ThePermittee iiesults cif the A and the limits from d the treatme t rapacity of the POTW as 4t13 5 4t13.8 (f) (1) (iii); NCGS 143 t (AtC) is -issued to all applicable industrial 1 Prior to the ""issuance of an AtC, the, lusted f©t its opacity to comply with 214.0906 Ib) (6) and .0905; NCGS 143- ties s described in its Dir atiota supplied by industrial 40 CFR 403.8(f)(2)(v)}. dice per t€th lbhe . oc compoun l~ as atriended: e" applicable monitorin t,,tbe industry retresi FR 403.8(f)(1)( `) ap4 for efl Response PA P) e Fertxiittee, slid enforce and obtain appropriate remedies for violations of all pretrt »ri to p uant to section 30" (b) and (c) of the Clean Water Act (40 CFR "405 et: s as set (or h in } C 4t 5.5 and 15A NCAC 2H .0909, and cemet at bons shall be c Insist nt with the Enforcement Response Plan (E A NCAC 213 , 90 (') and . )905; 40 CFR 4038(f)(5)] to t1 o,, and o it Pror .meet ccordancewith 15A NCAC 2I-1 .0908. In lieu --o s developed under 15A NCAC 2H .0904 (b) "may be sion personnel periodically to discuss en entation issues. other active preti AR) describing tment pror is pretreatment NPDES Permit Standard Corditiots .e' Perrnittee shall submit two copies ties over the previous twelve m© Pretreatment, Emergency Response, ice Center h, NC 27699=1617 e reports shall: be submitted acc Narrative brief discussion of reasons *ion- Compliance (SNC);, et �un t t rog ani pietre ttn t progra� i�atit Nian-Comp to nature cif tine firma proved by the Diisa rding to a schedule status of, urrn ary.(PPSI utnmary (PPS) on specific fornts approved by the once Report (SNCR) t Pretreatment rnnual. to tlae i i ott at the rid Collection Systems U fished by the Director and shall contai *ions' taken for el al Users (IUs) ixt Simi ca and the actions taken or proposed to correct the Forms (IDSF,) rn samples collected by boththe POTW and the itoring data for other Industrial Users (Ills) . in SNC. on ,Industrial Data Summary Forms (IDSF) or other specific format'appro r tion ons on specific forms pies of th+e POTW's allocation table, new or modified enforcement compliance otice of lUs in SNC, and any other information, upon request, which in the opinion eeded to determine compliance with the pretreatment implementation requirements o Mirk I otice e shall publish a C) :s defined` in the p� uir t ents and standards di atith of �e applicable t ve (f)(2) (vii)l lly a list of Industrial tJsets (tUs) that e's Division -approved Sewer. Use Ori g the previous twelve month peri+ onth .period . .... Tl a Puttee shall Main for a min um of support inf rx s finnan itndu i' geni t i %cot PCB ` (SSA NCAC 2H .0908(f); 3 CPR and Financial leport e P rx tree shaali maint;%i adequate fundi, Pretrettryent program. (1.5A NCAC 2H .090 non to cant Non-C p: published years records of nao water quality records, a 2(o)) d staffing levels to accomplish the objectives and .0905; 40 CFR 403.8(0(3), 403.9(b)(3)] nt program including but not limited m Racal cant industrial Users (SIUs), and Monitoring Play tins ication and shall be governed by 15 NCAC 2H .0114 and A Nt Version 7,2009 SOC PRIORITY PROJECT: NO To: Perntits and Engineering Unit Water Quality Section Attention: Carolyn Bryant Date: August 12, 2004 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0063789 MRO No.: 04-52 PART I - GENERAL INFORMATION Facility and address: Mint Hill Festival WWTP 8930 Matthews -Mint Hill Road Charlotte, NC 28227 2. Date of investigation: July 30, 2004 3. Report prepared by: B. Dee Browder, Environ. Engr. I 4. Person contacted and telephone number: Bill Henson, ORC, (704)507-3357 5. Directions to site: The shopping center is located in the southeast quadrant of the intersection of Highway 51 and Lawyers Road in the Town of Mint Hill. The WWTP is located directly behind the shopping center. 6. Discharge pout(s), List for all discharge points: - Latitude: 35° 10' 35" Longitude: 80° 39' 45" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. N/A USGS Quad No.: G 16 NW 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Gently Rolling 2-5 The site is not located in a flood plain. Page Two 9. Location of nearest dwelling: The nearest dwelling is approximately 500 feet from the WWTP site. The WWTP is directly behind the shopping 10. Receiving stream or affected surface waters: Irvins Creek er. a. Classification: C b. River Basin and Subbasin No.: Catawba 43-08-34 c. Describe receiving stream features and pertinent downstream uses: The receiving steam was not accessible at the time of this site visit due to excessive vegetation that was impassable. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS L a. Volume of wastewater: 0.035 MGD (Design Capacity) b. What is the current permitted capacity: 0.035 MGD c. Actual treatment capacity of current facility (current design captity):©.©35 MGD d Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The facility consists of equalization followed by a bar screen, an aeration basin (diffused), a clarifier, a tertiary sand filter, an aerobic sludge digester, tablet disinfection, post aeration, and a flow meter with totalizer. Description of proposed WWT facilities: N/A g. Possible toxic impacts to surface waters: Chlorine is added to the waste stream h Pretreatment program (POTWs only): Not needed. 2. Residual handling and utilization/disposal scheme: Residuals are removed by Liquid Waste Company and transported to a City of Charlotte WWTP or land applied in Anson County. If residuals are being land applied specify DEM Permit No. WQ0014843 Residuals contractor. Liquid Waste Inc. Telephone No. : (704) 391-2392 b. Residuals stabilization: PSRP d. Landfill: N/A Page Three 3. Treatment plant classification: Class II 4. SIC Code(s): 5399 Wastewater Code(s): 02 MTU Code(s): 06107 PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with construction grant funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this Important SOC/JOC or compliance schedule dates: N/A Submission of plans and specifications Begin construction Complete construction 4. Alternative analysis evaluation a. Spray irrigation: N/A b. Connect to regional sewer system: The of to the nearest CMU collection system line. c. Subsurface: N/A d. Other disposal options: N/A PART IV - EVALUATION AND RECOMMENDATIONS s 0 The permittee is applying for renewal of the permit to discharge wastewater. The collection system for this facility serves the Farm Wood East Subdivision (approximately 100 houses). There is one pump station associated with this WWTP. The receiving stream discharge is approximately 1 mile from the WWTP. This discharge location was not accessible at the time of the site visit due to heavy vegetative growth. The permit needs to state that access to the discharge point must be kept clear. This office recommends the renewal of the permit. Also, please note that the discharge identified by the Mecklenburg County staff as Irwin Creek is incorrect. The discharge is to Irvins Creek. Page Four Water A E•V Jerry I -I. Tweed Vice President P.O. Drawer 4889 Cary, North Carolina 27519 Dear Mr. Tweed: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality une 15, 2004 Subject: Receipt of permit renewal application NPDES Permit NC0063789 Mint Hill Festival WWTT' Mecklenburg County The NPDES Unit received your perm renewal application on June 10, 2004. A member of the NPDES Unit will review your application. That staff member will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. cc: CEN' NPDES Unit N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Sincerely, Carolyn Bryant Point Source Branch Phone: (919) 733-5083 Fax: (919) 733-0719 DENR Customer Service Center: 1 800 623-7748 e-mail: Carolymbryant@ncmail.net ncmail.net Heater utilities WATER AND WASTEWATER SERVICES June 8, 2004 Mr. Charles Weaver NCDENR/Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit ,Renewa? , NPDES Perth; NC 0063789 Mint Hill Festival WWTP - Mecklenburg County Dear Valery: 202 MacKenan Court Cary, North Carolina 27511 phone: 919.46Z 7854 fax : 919.460.1788 P,O, ©rawer 4889, Cary, NC 27519 As owner of the above -referenced facility, Heater Utilities, Inc. request renewal of the discharge permit. The sludge management plan for this facility is the removal of liquid sludge from an aerobic digester, as needed, by Liquid Waste, Inc. and disposed of at CMUD or by land application in Anson County, under Permit No. WQ0014843. If I can provide further information, please contact me at 919-467-8712, Ext. 37 or e-mail at jhtweed@aquaamerica.com. Sincerely, N y H. Tweed Vide President JHT/rt NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.nc.us/NPDES/ North Carolina NPDES Permit Number 1. Contact Information: NCO() 63789 Please pant or type Facility Name Mint Hill Festival WWTP Owner Name Street Address City Heater Utilities, Inc. (Jerry Tweed) P.O. Drawer 4889 Cary State] Zip. Code North Care Tina 27519 Telephone Number Fax Number e. mail Address ( 919) 1,67-7354 ( 919) 460-1788 Pubweed®aquaam rica..com Operator Name c/o Heater Utilities, Inc. Street Address P.O. Drawer 4889 City Cary State / Zip Code North Carolina 27519 County Telephone Number 2. Location of facility producing discharge: Check here if same as above Facility Name (If different from above) Street Address or State Road City State / Zip Code County Mint Hill Festival WWTP MCSR 3128 at NC Hwy. 51 nt Hi North Carolina Mecklenburg 3. Reason for application: Expansion/Modification * Existing Unpermitted Discharge Renewal X New Facility * Please provide a description of the expansion/modification: N/A Page 1 of 3 Version 12/02 NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow 4. Description of the existing treatment facilities (list all installed components with capacities): 0.035 MGD wastewater treatment system with equalization basin bar screen diffused aeration basin, clarifier, tertiary sand filter, aerobic sludge digester, tablet chlorination with contact chamber, tablet dechlorination and flow meter. 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): Subdivision 6. List all permits, construction approvals and/or applications (check all that apply): Type Permit Number Type RCRA Non -Attainment UIC Ocean Dumping NPDES NC 0063789 Dredge/Fill Permits PSD Other NESHAPS Permit Number 7. Number of separate wastewater discharge pipes (wastewater outfalls): One 8. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: N/A Page 2 of 3 Version 12/02 NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Irvins Creek, Catawba River Basin 10. Is this facility located on Native American lands? (check one YES I certify that I am fa the bestofmy knowl Jerry H. Tweed NO r with the information contained in the application and that to and belief such inforrnatissx ist„ruc, complete., and accura.tc, Printed Name of Person Signing Vice President Title Snatu,of Applicant at Sig ed orth Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both, (18 U.S,C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense) Page 3 of 3 Version 12/02 Quad#: G18NW Receiving Stream Izvnls Creek Stream clan C Subbas%n 30834 NC©©63789 Heater Utilities Mint Hill Festival SCALE 1 :24©00 Michael F. Easley. Govern° William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P. E. Director Division of Water Quality DIVISION OF WATER QUALITY April 20, 2005 Jerry Tweed, VP Heater Utilities P.O. Drawer 4889 Cary, North Carolina 27519 Subject: NPDES Permit NC0063789 Mint Hill Festival WWTP Mecklenburg County Dear Mr. Tweed: Our records indicate that NPDES Permit No. NC0063789 was issued on. April 18, 2005 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. For new permits/facilities, the Division may supply an initial small stock of these forms; however, if you fail to receive the forms, please contact this Office as quickly as possible. The forms, including directions for their completion, and other important information are also available at http://h2o.enr.state.nc.us/NPDES/documents.html. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual fee may be required for your facility; if so, you will receive a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or Carolina Irally AVIA KMENIR N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. To maintain compliance with discharge limitations, proper operation and maintenance of a wastewater treatment facility and the development of a process control program are essential. For those facilities having chlorine tablet disinfection, please be advised that chlorine tablets approved for wastewater treatment use must be used; swimming pool.tablets are not approved, Also, be advised that DWQ staff need to have access to the facility's discharge point into the receiving stream; please maintain a path along the outfall line to facilitate that access. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Peiinit. This date is set forth on Page 1 of the Permit, Also note that NPDES Permits are not automatically transferable. lf you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party; if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, 476-1t1,— D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor A:\NPDESLTR.WQ No r tlirrn Dep. APF April 18, 2005 APR Jerry H. Tweed, VP Heater Utilities, Inc. PO Drawer 4889 Cary, North Carolina 27519 Michael F. Easley, Governor G. Ross, :lr„ Secretary and Natural Resources Klimek, P,E., Director Division of Water Quality Subject: Issuance of NPDES Permit NC0063789 Mint Hill Festival WWTP Mecklenburg County Dear r. Tweed: The Division received your application for a wastewater discharge permit on June 15, 2004. Division personnel have reviewed and approved your application. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143- 215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental. Protection Agency dated May 2004, and as subsequently amended. A Total Residual Chlorine (TRC) limit has been added to this pei niit. Because you may need time to make modifications to your plant in order to comply with this new condition, the TRC limit will not take effect until January 1, 2007. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the penult. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Vanessa Manuel at telephone number (919) 733-5083, extension 532. Sincerely, ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E. Attachment cc: Central File NPDES File Nar`hCarn ina attired!, North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state,nc.us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Pennit NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINAI'lON SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Mint Hill Festival WWTP NCSR 3128 at NC Highway 51 Mecklenburg County to receiving waters designated as Irvins Creek (McEwen Lake) in the Catawba River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective July 1, 2005. This permit and authorization to discharge shall expire at midnight on June 30, 2010. Signed this day April 18, 2005. ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0063789 SUPPLEMENT TO PERMIT COVER SHEET As of July 1, 2005, all previous NPDES penults issued to this facility, whether for operation or discharge are hereby revoked. As of the effective date of this permit, any previously issued penult bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Heater Utilities, Inc. is hereby authorized to: Continue to operate an existing 0.035 MGD wastewater treatment system which includes the following components: > Equalization basin ➢ Bar screen ➢ Diffused aeration basin ➢ Clarifier ➢ Tertiary sand filter > Aerobic sludge digester > Chlorine contact chamber with tablet disinfection ➢ Tablet dechlorination > Post Aeration > Flow meter with totalizer This wastewater treatment system is located at the Mint Hill Festival WWTP on NCSR 3128 (at NC Highway 51) south of Wilgrove in Mecklenburg County. 2 _ Discharge from said treatment works at the location specified on the attached map into Irvins Creek (McEwen Lake), classified C waters in the Catawba River Basin. Latitude: 35°10'35" Longitude: 80039'45" Quad # G16NW (Mint Hill) Stream Class: C Subbasin: 03-08-34 Receiving Stream: Irvins Creek (McEwen Lake) NC0063789 Heater Utilities, Inc. Mint Hill Festival WWTP NOT TO SCALE Permit NC0063789 A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — FINAL During the period beginning on July 1, 2005, and lasting until June 30, 2010, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the pet inittee as specified below: Flow, in conduit or thru treatment plant - 50050 BOD, 5-Day (20 Deg. C) - 00310 - Winter BOD, 5-Day (20 Deg. C) - 00310 - Summer Solids, Total Suspended - 00530 Nitrogen, Ammonia Total (as N) - 00610 - Winter Nitrogen, Ammonia Total (as N) - 00610 - Summer Coliform, Fecal MF, M-FC Broth,44.5C - 31616 (geom.mean) Chlorine, Total Residuall - 50060 Chlorine, Total Residuall - 50060 Temperature, Water Deg. Centigrade - 00010 Temperature, Water Deg. Centigrade2 - 00010 DO, Oxygen, Dissolved2 - 00300 DO, Oxygen, Dissolved3 - 00300 pH4 - 00400 Winter: November 1 - March 31 Summer: April 1 - October 31 0.035 MGD 10.0 mg/L 5.0 ma/L 30.0 mg/L 4.0 mg/L 2.0 mg/L 200/100 ml 15.0 mg/ 7.5 m_g/L _ 45.0 mg/L 20.0 mg/L 10.0 mg/L 400/100 ml 17 µg/L Continuous Weekly Weekly Recorder Composite Composite Weekly Composite Weekly Composite Weekly Composite Weekly 2/week 2 / week Daily Weekly Weekly Weekly Weekly Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Upstream & Downstream Upstream & Downstream Effluent Effluent Footnotes: 1. Total Residual Chlorine limit takes effect January 1, 2007. Until the limit becomes effective, the permittee shall monitor Total Residual Chlorine (with no effluent limit). 2. Upstream: at least 100 feet upstream from the outfall. Downstream: at least 300 feet downstream from the outfall. 3. The daily average dissolved oxygen (DO) effluent concentration shall not be less than 6.0 mg/L. 4. 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. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. D The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Divisign'2 The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection lever) shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3of16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(I) of the Clean Water Act, Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. DIM to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligent/y violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any regnirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 g- d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each. day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20V2003 NPDES Permit Requirements Page 5of16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or info [40 CFR 122.41 (k)]. ion submitted to the Permit Issuing Authority shall be signed and certified a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather. complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6/20 2003 NPDES Permit Requirements. Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13: Permit Modification. Revocation and Reissuance, or Termination The issuance of this perrnit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ,ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the farility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility at least daily, excluding weekends and holidays > Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designanon of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action reduce the permitted activity in order to maintain compliance with (c)]. it would have been necessary to halt or condition of this permit [40 CFR 122.41 4. Bypass i g of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as theuse of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an the Permit Issuing Authority determines that it (1) of this section. cipated bypass, after considering its adverse effects, if meet the three conditions listed above in Paragraph c. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)): An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6✓20/2003 NPDES Permit Requirements• Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Pemiittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures LL The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR I, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section A I'TENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Pennittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; t, the Permittee shall record Version 6/20/2003 NPDES Permit Requiiements• Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Flour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 NPDES Permit Requiiements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 p.g/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine 'or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 clays of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20,2003 NPDES Permit Requirement§ Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HW •) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Perrn.ittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Vers I" PDES Permit Require ntents- Page 15cift6 udtoriaation to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) issued to all applicable industrial users for the construction or modification of any retreat ent facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial. User Pretreatment Permit (IUP) limitations. POTW fnspection & Monitor of their SIUs The Perrnittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards; The Permittee must Inspect all Significant Industrial Users (Sibs at least once per calendar year; and b. ` Sample all Significant Industrial Users (S Us) at least twice per calendar year for all permit - limited pollutants, once during the period from,anuary 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar years Sf U Self Monitoring and The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry 's pretreatment permit, or in 15A NCAC :2H .0908. n orcement Response Plan (FRP) fihe Peruutt e shall enforce and obtain appropriate remedies or violations of all pretreatment standards pronmigated pursuant to, section 307(b) and (c) of the Clean i later Act (40 CFR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, 9, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pl Annual ltep its (PARS �e Perin ee shall report to the I ivision izi accordance i i 1S NCAC 2211 .0908. It lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 21-1 .0904 .' may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment progntns, tht Prrrittee shall urrtit ivea copies of a P`retreatrrrient Annual Report ('AR) describing its pretreatment activities over the pre c is us t welve months to lae i ion at the following address; NC DP..NR DWQ f PretreaUnit 1617 Mail Service Center Raleigh, NC 27699-1617 eports shalt be submitted ace rding to a schedule establi hed by the Director and shall o Barra laic A brief di cu sioin of reasons for, status of and actions taken for all Significant n dus Users (SKIS) in Significant Non -Compliance (Sl1C Pretreatment Program Summary (APS) A pretreatment program summary (PPS) on specific forms approved by the l vis on; Significant Non -Compliance Report (SIC) The nature of the violations and the actions taken or proposed to correct the viol Lion; specific forms approved by. the Division Industrial Data Summary Forms, Version 0/ 0tl3 NPDES Perini Pagel ©f 16 Monitoring data from samples collected by both the"POTW" and the; Signif cant:Industrial User (SIU). These analytical results must be reported on Industrial Data Sunima 'Forms (IDSF)"or other specific format"approved by the Division; e.) OtherInforrn4tior} Copies of the POTW's allocation table, new or modified enforcement compliance: sc public notice of SIUs in SNC, and any "other information, upon request, whic__ opinion of the Director is needed todetermine compliance with the "pretreatrn implementation requirements of this permit; --Ppblic No "-ce Permittee shall.; publish annually a list of Significant. Industrial Users (SIUs), that were Non -Compliance" (SNC) as defined in the Permittee's Division- approved Sewer Use Or applicable, pretreatment requirements and standards during the previous twelve month peri shall be published within four -months of the applicable twelve-month period, cotd epg The Permittee shall retain for a minimum of three years records of monitoring activities and results, with `support information including general records, water quality records,"and records, of indus"tri om the POTW. ne ppro+ and Financial ,eport tittee shall maintain adequate funding and staffing levels to accomplish the objectives of its ed pretreatment program. aeon to Pretreatment Programs cations , to - the approved pretreatment program including but not limited to adificatii ns, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.. Version 6/20/2003 A Mr. Jerry Tweed Heater Utilities, Inc. PO Box 4889 Cary, North Carolina 27519 Dear Mr. Tweed: Michael F. Easley Governor William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director DIVISION OF WATER QUALITY Division of Water Quality February 11, 2002 Subject: NPDES Permit No. NC0063789 Mint Hill Festival WWTP Mecklenburg County Our records indicate that NPDES Permit No. NC0063789 was issued on January 28, 2002 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5. Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that a applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. SIA Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 800 623-7748 FAX (704) 663-6040 Mr. Tweed February 11, 2002 Page No. 2 Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no Iater than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:\HEATNPD.LTR DRG/de NCDENR Mr. Jerry H. Tweed Heater Utilities, Inc. P.O. Box 4889 Cary, North Carolina 27519 Dear Mr. Tweed: Michael F. Easley Governor William G, Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality anua 28, 2002 Subject: Issuance of NPDES Permit NC0063789 Mint Hill Festival WWTP Mecklenburg County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final perrrtit includes no major changes from the draft sent to you on November 14, 2001. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. N, C. Division of Water Quality 1 NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Sincerely, G(NAL SIGNED 13 USAN A. \NILS N Gregory J. Thorpe, Ph.D. Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center 1 800 623-7748 Permit NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POI.T,UTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Mint Hill Festival fiTW`"P NCSR 3128 at NC Highway 51 Mecklenburg County to receiving waters designated as Irvins Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 1, 2002 This permit and authorization to discharge shall expire at midnight on May 31, 2005. Signed this day January 28, 2002. ORIGINAL SIGNED BY SUSAN A, WILSON Gregory J. Thorpe, PhD., Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit N C0063789 SUPPLEMENT TO PERMIT COVER SHEET Heater Utilities, Inc. is hereby authorized to: Continue operation of 0.035 MGD wastewater treatment facility which includes the following components: + Equalization basin + Bar screen + Diffused aeration basin + Secondary clarifier + Tertiary sand filter + Aerobic sludge digester + Chlorine contact chamber with tablet dechlorination + Flow meter with totalizer This facility is located at the Mint Hill Festival , NCSR 3128 (at Highway 51) south of Wilgrove in Mecklenburg County; and 2. Discharge from said treatrnent works at the location specified on the attached map into Irvins Creek, classified C waters in the Catawba River Basin. Heater Utilities Mint Hill Festival Permit NC0063789 ' A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001 — Domestic Waste. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow (MGD) BOD, 5 day (202C) (April 1 — October 31) BOD, 5 day (202C) (November 1 — March 31) Total Suspended Solids NH3 as N (April 1 — October 31) NH3 as N (November 1 — March 31) Dissolved Oxygen Fecal Coliform (geometric mean) DISCHARGE LIMITATIONS Monthly Average 0.035 5.0 mg/L 10.0 mg/L 30.0 mg/L 2.0 mg/L 4.0 mg/L 200/100 ml Daily Maximum 7.5 mg/L 15.0 mg/L 45.0 mg/L 400/100 mi MONITORING REQUIREMENTS Measurement Frequency Continuous Weekly Weekly Weekly Weekly Weekly Weekly Weekly Sample Type Recording Composite Composite Composite Composite Composite Grab Grab Sample Location Influent oi* Effluent Effluent Effluent Effluent Effluent Effluent Effluent, Upstream & Downstream Effluent Total Residual Chlorine Temperature Temperature pH1 2JWeek Daily Weekly Weekly Grab Grab Grab Grab Effluent Effluent Upstream & Downstream Effluent NOTES: 1 Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L 3. 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. PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unle specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1 Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3 EMC, Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part 1 of the permit. Part II Page 2 of 11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. g. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Partll Page 3 of 11 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at tirne intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant:, A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part 11 Page 4of11 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each clay during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 5 of 11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance, or Termination, The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title I5A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION A D MALNTENANCE OF POLLUTION CONTROLS 1. Certified Oper tor Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe properry damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8all 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORD$ 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section A 1 "I'F NTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10°/© from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. Part I1 Page 9 of 11 To meet the intent of the monitoring required by this permit, ail 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. Penal ti for Tam e in The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this per the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. the permittee shall record 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 1©of 11 SECTION E REPORTING REQUIREMENTS Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the per which may result in noncompliance with permit requirements. ed facility or activi 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part II Page 11 of 11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit. 8. Other Information, Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Report The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III THER REQUIREMENTS Construction No construction cif waste ater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. Ground teir. Mani ia�g The pertnittee shall, upon written notice from the. Director of the Division of "hater Qivalityr, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. t It Pe Discharges of Toxic Substances ittee shall notify the permit Issuing Authority as soon a ary activity has occurred or will occur which would re basis, of` any toxic pollutant which is not limited in the permit, following "notification levels"; (l) One hundred micrograms per liter (100 nit); (2) Two hundred micrograms per liter (200 Pg/L) for acr ale n and acrylonii liter (500 leg/L) for .4-dinitrop .enol and for 2-methy1-4.6- irritrof hei mg/L) for antimony; ()Dive (5) times the tnaximum concentration value reported for that pollut ows or has r onto believe: in doe discharge, on a routine or `frequent that discharge will exceed the highest of the b. ',Chat any activity has occurred or will occur which would result in infrequent basis, of a toxic pollutant which is not limited in the rn highest of the following "notification levels"; {l) 1 ive hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1`mg/L);'for antimony; () Ten (10) times the maiirnum concentration value reps rted for that p D. Require rerlt to Continua y valuate Alternatives to Wastewater Discharges The:permittee shall continually evaluate all astewater disposal alternatives sound alternative of the reasonably cost effective alternatives.. If" the facili ` the terms and conditions of the NPDES permit or governing rules, ceg is a report in such form and detail as required by the Division evaluating within sixty (60) days of notification by the Division. am per titer It in the permit application. ry discharge, on a no routine cir if that discharge will exceed the pile; five hundred;microga pet, of and one millig utant in the permit application. ad pursue the most environmentally $ in substantial non-compliance with as or laws, the permittee shall submit hese alte atives and a plan of action PART IV ANNUAL NISTEADMINISTERINGAND COMPLIANCE ONITORINGMONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance ea itorit g fee within 3 (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. To: Permits and Engineering Unit Water Quality Section Attention: Valery Stephens SOC PRIORITY PROJECT: No Date: March 30, 2001. NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0063789 MRO No.: 01-41 PART I - GENERAL INFORMATION Facility and Address: Mint Hill Festival WWTP Heater Utilities. Inc. Post Office Drawer 4889 Cary, N.C. 27519 Date of Investigation: March 22, 2001 Report Prepared By: Michael L. Parke on. Engr. II 4. Person. Contacted and Telephone Number: Tony Parker, (828) 489-9404. Ext.2 5. Directions to Site: The shopping center is iocated in the southeast quadrant of the intersection of Hwy.51 and SR 3128 (Law-yers Road) in the Town of Mint Hill. The DTP Is located directly behind the shopping center. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35° 10' 35" Longitude: 80° 39' 45" Attach a USGS Map Extract and indicate Treatment plant site and discharge point on map. USGS Quad No.: G 16 NW 7. Site size and expansion area consistent with application: Yes. Limited area (less than 1 acre) is available for expansion, if necessary. 8. Topography (relationship to flood plain included): Gently rolling, 2-5% slopes. 9. Location of Nearest Dwelling,: Approx. feet from the WWTP site. Page Two 10. Receiving Stream or Affected Surface Waters: Irvins Creek a. Classification: C b. River Basin and Subbasin No.: Catawba 030834 Describe receiving stream features and pertinent downstream uses: The receiving stream is 3-6 feet wide and 2-10 inches deep with a sandy bottom at the point of discharge. There are no other known dischargers within a reasonable distance downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of Wastewater: 0.035 MGD (Design Capacity) b. What is the current permitted capacity: 0.035 MGD c. Actual treatment capacity of current facility (current design capacity): 0.035 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of equalization followed by a bar screen, an aeration basin (diffused), a clarifier, a tertiary sand filter, an aerobic sludge digester, tablet disinfection, post aeration, and a flow meter with totalizer. Description of proposed WWT facility s: There are no proposed WWT facilities. g. Possible toxic impacts to surface waters: Chlorine is added to the waste stream. h. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: Residuals are removed by Liquid Waste Service, Inc. and taken for disposal to the McAlpine Creek WWTP. 3. Treatment Plant Classification: Class II (no change from previous rating). 4. SIC Code(s): 5399 Wastewater Code(s): 02 MTU Code(s): 06107 PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? Public monies were not used in the construction of this WWTP. Special monitoring or limitations (including Toxicity) requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A Page Three 4. Alternative Analysis Evaluation a. Spray Irrigation: There is insufficient area available for construction of a spray irrigation WWT system. b. Connect to regional sewer system: None is presently available to serve this site. c. Subsurface: Insufficient area available for the installation of a subsurface WWT system. PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Heater Utilities, Inc., requests renewal of the subject Permit. There have been no changes and/or modifications to the existing WWT facility since the Permit was last renewed, nor are there any proposed during this renewal. Pending receipt and approval of the WLA, it is recommended that the Permit be renewed as requested. Signat Date Water Quality Regional Su ervsor Date h:\dsridsr01 Vninthill.dsr • State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director Mr. Tony Parker Heater Utilities — Mint Hill Festival W PO Drawer 4889 Cary, North Carolina 27519 Dear Mr. Parker: TP 0 February 26, 2001. MAR 0 2 2001 Subject: NPDES PernWAIERZALASECT ON Permit NC0063789 Heater Utilities — Mint Hill Festival WWTP Mecklenburg County The NPDES Unit received your permit renewal application on February 23, 2001. Thank you for submitting this package. The permit renewal for this facility will be assigned to a member of the NPDES Unit staff. That staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a year and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0063789 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. onal Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Sincerely, CLVIA Valery Stephens Point Source Unit 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http1m2o.enr.state.nc.us/NPDES Valery.Stephens@ncmaiI.net Heater Uti►ities WATER AND WASTEWATER SERVICES February 14, 2001 Mr. Charles H. Weaver, Jr. NCDENR/Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1671 2 MacNenan Court ry, North Carolina 27511 phone : 919,467. 7854 fax : 919.460,1788 P.O. Drawer 4889, Cary, NC 27519 Re: Permit Renewal - NPDES Permit No. NC0063789 Mint Hill Festival Wastewater Treatment Plant, Mecklenburg County Dear Mr. Weaver: Enclosed is the permit renewal package for the above -referenced facility. The package consists of the original and two copies of this cover letter, which includes the below description of Heater Utilities' (Heater) sludge management plan, and the original and two copies of the signed application. Heater uses various contract septage haulers to remove sludge from its plants. This is generally transported to a local municipality or to another one of Heater's wastewater treatment plants for seed sludge.. Heater maintains records of the quantity of sludge removed from each facility, the name of the contract hauler, and the destination of the sludge (whether used in another plant or disposed of). If I can provide further information, please do not hesitate to contact me at 919-467-8712, Ext. 37. Sincerely, H Tweed Vice President JHT/rt Enclosure NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) North Carolina (if known) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 DES Pe Number NCO0 63789 PLre print or type 1. Mailing address of applicant/permittee: Facility Name Owner Name Street Address City State ZIP Code Telephone Number Fax Number e-mail Address Mint Hill Festival WWTP. Heater Utilities, Inc. P.O. Drawer 4889 Cary North Carolina 27519 ( 919 ) 467-7854 ( 919 ) 460-1788 jtweed@huinc.com 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: Tony Parker NCSR 3128 at NC Hwy. 51 Mecklenburg ( 704 ) 489-9401 Expansion/Modification * Existing Unpermitted Discharge Renewal X New Facility * Please provide a description of the expansion/modification: 4. Description of the existing treatment facilities (list all installed components with capacities): 35,000 gpd activated sludge WWTP.wih...flow equalization, bar screen, diffused aeration, clarifier, tertiary filter, aerobic sludge digester, chlorine contact chamber with' tablet disinfection and flow meter with totalizer. Page 1 of 2 Version 11/2000 NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial Residential School Other Number of Employees Number of Employees Number of Homes Number of Students/Staff 65 Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): Subdivision 6. Number of separate vatewater discharge pipes (wastewater outfalls): One 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: 8. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Irvins Creek, Catawba River Basin I certify that I am familiar with the infoi rnation contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Jerry H. Tweed Printed Name of Person Signing Vice President Title Applicant Date Signed North Carolina General Statute 143-215.6E (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article; shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more'than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 11/2t?Q Le: 35'10' 35" ude: 8q'39' 46- C16NW ixrg Streams Irrins Creek Class: C n 30834 NC©©63789 Heater Utilities Mint Hill Festival State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director August 11, 1999 Mr. Jerry H. Tweed Heater Utilities, Inc. P.O. Box 4889 Cary, North. Carolina 27519 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification - Ownership Change Permit NC0063789 Mint Hill Festival WWTP Mecklenburg County Dear Mr. Tweed: In accordance with your request received June 22. 1999, the Division is forwarding the subject permit modification. This modification documents the change in ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at the telephone number or address listed below. NPDES Unit Point Source Compliance Enforcement Unit Since ly, T. Stevens 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charies_Weaver@ h2o.enr.state.nc.us Permit NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Mint Hill Festival NCSR 3128 @ NC Highway 51 south of Wilgrove Mecklenburg County to receiving waters designated as Irvins Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 11, 1999. This permit and authorization to discharge shall expire at midnight on August 31, 2001. Signed this day August 11, 1999. T. Stevens, Diree o Division of Water Quality By Authority of the Environmental Management Commission Permit NC0063789 SUPPLEMENT TO PERMIT COVER SHEET Heater Utilities, Inc., is hereby authorized to: 1. Continue to operate an existing 0.035 MGD wastewater treatment system which includes the following components: > Equalization basin > Bar screen > Diffused aeration basin > Clarifier > Tertiary sand filter > Aerobic sludge digester > Chlorine contact chamber with tablet disinfection > Flow meter with totalizer This wastewater treatment system is located at the Mint Hill Festival WWTP on NCSR 3128 (at NC Highway 51) south of Wilgrove in Mecklenburg County. 2. Discharge from said treatment works at the location specified on the attached map into Irvins Creek, classified C waters in the Catawba River Basin. 35°10 35" : 8t7"39'46" Q�rad: G16NW Receiving Stream Irvin Creek StzeamClass: C Subbasirr 30834 NC0063789 Heater Utilities Mint Hill Festival Facility Location North SCALE 1:24000 Permit NC0063789 A. (1.) EFFLUENT LIMITATIONS AND M©NIT©RING REQUIREMENTS - FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Flow BOD, 5 day (20°C) (April 1 - October 31) BOO, 5 day (20°C) (November 1 - March 31) 0.035 MGD 5.0mg/L 10.0 mg/L 7.5 mg/L 15.0 mg/L Total Suspended Residue 30.0 mg/L 4.0 mg/L NH3 as N 2.0 mg/L (April 1 - October 31) NH3 as N 4.0 mg/L (November 1 - March 31) Dissolved Oxygen2 Fecal Coliform (geometric mean) 200 / 100 ml Total Residual Chlorine 400/100ml Continuous Recording Weekly Composite Influent or Effluent Effluent Weekly Composite Effluent Weekly Weekly Weekly Weekly Weekly 2/Week Composite Effluent Composite Effluent Composite Effluent Grab Effluent Upstream & Downstream Grab Effluent Upstream & Downstream Grab Effluent Temperature Temperature pH3 Daily Weekly Weekly Grab Effluent Grab Upstream & Downstream Grab Effluent Footnotes: 1 Upstream = at least 100 feet upstream from the outfall; Downstream = at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen concentration shall not be less than 6.0 mg/L. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample There shall be no discharge of floating solids or visible foam in other than trace amounts. r State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary FDEHNR DIVISION OF WATER QUALITY August 16, 1996 Mr. Kim Colson, P.E. Mid South Water Systems, Inc Post Office Box 127 Sherrills Ford, North Carolina 28673 Subject: NPDES Permit No. NC00637891/ if Mecklenburg County, NC Dear Mr. Colson: Our records indicate that NPDES Permit No. NC0063789 was issued on August 12, 1996 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). 919 North Main Street, Mooresville, North Carolina 28115 Voice 704-663-1699 FAX 704-663-6040 An Equal Opportunity/Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Kim Colson August 16, 1996 Page Two The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded or transferred to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact his Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:ls State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 12, 1996 Mr. Kim Colson, P.E. Mid South Water Systems, Inc. P. O. Box 127 Sherrills Ford, North Carolina 28673 tiViSIBli NAM. all Subject: Issuance of NPDES Permit NC0063789 kf rb r Estates WWII' /gur t//z %l Mecklenburg County Dear Mr. Colson: In accordance with your application dated February 26, 1996, we are forwarding herewith the subject State-NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. In your letter dated June 18, 1996, you requested several changes to the NPDES draft permit. Your first request was elimination of conductivity monitoring. The Division concurs with this request and has eliminated the requirement. Secondly, you requested that the monitoring frequencies for Temperature and Total Residual Chlorine be reduced. These frequencies are required in accordance with the North Carolina Administrative Code 15A: 2B.0508(d) for domestic discharges. Thus, the frequencies will remain as stated in the permit. Finally, you requested that Special Condition, Part III E. be eliminated from the permit. The Division understands a study for extending municipal sewer service to the Mint Hill area has been completed and drafted. This study indicates that municipal sewer line is planned very close to the subject facility. Because of the potential availability of sewer service, this Special Condition will remain in the permit as an additional requirement to item D. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611- 7447. Unless such demand is made, this decision shall be final and binding. Please take notice that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Page 2 August 12, 1996 NC0063789 This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Susan Robson at telephone number 919/733-5083, ext. 551. Sincerely, Original Signed E3y David A, Qieddrioti A. Preston Howara, Jr., P.E. Central Files Mr. Roosevelt Childress, EPA Facility • ssessment Unit Technical Assistance & Certification Group Permits and Engineering Unit N.C. n T. OF FN°VI Ort w:,^s ru. AUG 16 1996 DIVISION of `ENV INMEN1AL MANA&EIFM Permit No. NC0063789 N9ODDL,SVALE RE!UOUNAL OFFICE STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina. General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mid South Water Systems, Inc. is hereby authorized to discharge wastewater from a facility located at Mint Hill `e tival TyW 'TP intersection of NCSR 3128 & NC Hwy 51 south of Wilgrove Mecklenburg County to receiving waters designated as Irvins Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 1996 This permit and authorization to discharge shall expire at midnight on August 31, 2001. Signed this day August 12, 1996 Oh nal signed By Pallid A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0063789 SUPPLEMENT TO PERMIT COVER SHEET Mid South Water Sytems, Inc. is hereby authorized to: 1. Continue to operate a 0.035 MGD wastewater treatment system consisting of a equalization basin followed by a bar screen, a diffused aeration basin, a clarifier, tertiary sand filter, an aerobic sludge digester, tablet disinfection, a chlorine contact cham hei, and a iIuw Mete, wutI totalizer located at Mint Hill Festival WWTP, intersection of NCSR '1128 NC 11vv) 51, ot:l`' of Wilgrove, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Irvins Creek which is classified Class C waters in the Catawba River Basin. Cem n Hill ROAD CLASSIFICATION PRIMARY HIGHWAY UGHr•DUrY FIDAD, HARD HARD SURFACE IMPROVED SURFACE Map # G16NW Sub -basin -. 030834 Stream Class C Discharge Class (LE Receiving Stream irvins Creek/Catawba River Design © 0.035 MGD Permit expires 8/31/01 Mid -South Water Systems NC©©63789 Mecklenburg County Mint Hill Festival WWTP A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0063789 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen ** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Temperature Monthly Avg. 0.035 MGD 5.0 mg/I 30.0 mg/I 2.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 7.5 mg/I 45.0 mg/I Monitoring Measurement Frequency Continuous Weekly Weekly Weekly Weekly 400.0 /100 ml Weekly 2/Week Daily Weekly Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Grab *Sample Location I or E E E E E, U, D E,U,D E E U,D *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above discharge point, D - Downstream 300 feet below discharge point. **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WIN'1`hR (November 1 - March 31) Permit No. NC0063789 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: cs Discharge Limitations Monitoring Measurement Monthly Avg. Flow 0.035 MG© BOD, 5 day, 20°C 10.0 mg/I Total Suspended Residue 30.0 mg/I NH3asN 4.0 mg/1 Dissolved Oxygen *' Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Temperature Weekly Avg. Daily Max 15.0 mg/I 45.0 mg/I Frequency Continuous Weekly Weekly Weekly Weekly 400.0 /100 ml Weekly 2/Week Daily Weekly *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above discharge point, D - Downstream 3 **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Grab *Sample Location I or E E E E E, U, D E,U,D E E U,D eet below discharge point. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3.INC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged, during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. PartII Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as 'Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. g. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Types of Samples Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at _no greater than 1/24 of the expected total daily flow at the treatment system,. or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this perrnit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the *Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part ll Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property,., s.., or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Pe and certified. Issuing Authority shall be signed a . All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager. of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership ..or sole. proprietorship: by a general .partneror the proprietor,.,...._,.;... respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7of14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ) The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (I) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. PartII Page 9 of 14 Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of altemate power sources, standby generators or retention of inadequately treated effluent. Part II Page 1©of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and. Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 4E) CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. 8. Lnspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a . The alteration or addition to a permitted facility may meet one of the criteria for determinin whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee`s sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Report Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. PartII Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Qther Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with tb° current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (I) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permi application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NC0063789 E. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. +uu r " L U C -. £ 1 4 od p u E 1 i ,.a Z u$ ?4L.IcNt .�7 L I iv c3 b j Fi„t .sod rs..t ,.. °.a - :,)."; s ."a yi t 'c'` L'1 q 4 i v s P „„i '7 r d.MM IEAT+S I I `H I.-/z 1 V CS d .J lJ 5 f gsooq J � ; v { v ;f Tj ;i a _,a c: ;.:e. c� ..:t d �} ..�. +✓ a * t7 iiViy2s^i�v�i�i 4 Tw- ,;c1 SZCiN xi { unU.„} u Stream II - n7S17FTDm-nit W74.7 an flow +x e t e .� f Fr.4ytr fin�gent �:ui � :Sx:. k 4 cIC (7nr1P(s) : S'2AQ Na+P4,,at r. rr,ae(, ) 01 MTTT Cod€ PART III - nF?n7 r_ 'VT') RwT nTHEF PEAT N7NT I N ORM23 T T 17'rr'dc Or a - s any it r, Iry 0 10 Q _ 4 n TFrLT1„q'TTT r,?!1AkS 11.1) s r T.7t.7m 1 screen, an tertiayy n r l y) * 'C;" o f T T ruc4' c>r7 f `n a &- a;a§i a;c =c= `gaAd=a; &2Q}g z;TIP ; LMM co QQa§ '(SMSW) e/§ SUOTl33T} i `I»KaQA= Gk& 4T»i&} 3&S s}seGvew &\± SNO1 5&3RW03J& Q63 §OIQ2a53A State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Kim Colson, P.E. Mid -South Water Systems, Inc. P. O. Box 127 Sherrills Ford, North Carolina 28673 Dear Mr. Colson: March 11, 1996 Subject: NPDES Permit Application NPDES Permit NC0063789 Mint Hill Festival Mecklenburg County This is to acknowledge receipt of the following documents on February 29, 1996: • NPDES Permit Application Form • Request for an NPDES permit renewal • Application Processing Fee of $200.00 You will be advised of any comments, recommendations, questions, or other information necessary for the application review. If you have any questions regarding this application, please contact Susan Robson at (919) 733-5083, extension 551. Q t Sincerely, David A. Goodrich, Supervisor NPDES Permits Group Permits and Engineering Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 5C% recycled/ 1C% post -consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT/ WATER QUALITY SECTION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D TO BE FILED ONLY BY DISCHARGES OF I©U% DOMESTIC WASTE (< I MGD North Carolina NPDES Permit No. (if known) 1. Mailing address of applicant: Facility Name Owner Name Street Address City State ZIP Code Telephone No. MINI! HILL C 6 Please print or type 7 18 9, 0 Mid South Water Systems, Trr. Post Office Box 127 Sherrills Ford North Carolina 28673 ( 704 )478-2785 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City County Telephone No. Tony Parker / Kim Colson NC Hwy 51 Mint Hill Mecklenburg ( N/A 3. This NPDES Permit Application applies to which of the following : Expansion/Modification Renewal X Existing Unper New Facility • Please provide a description of the expansion/modification: ed Discharge 4. Please provide a description of the existing treatment facilities,: Bar screen flow equalization basin, aeration basin, clarifier, tablet chlorinator, tertiary filters, post aeration, and sludge holding (aerated). Page 1 of 2 Version 1/95 5. Please indicate the source of wastewater fro applicable): Type of Facility Generating Wastewater Industrial Commercial Residential School Other X 1► he description of fact Number of Employees Number of Employees Number of Homes Number of Students/Staff • Please describe source of wastewater (example: subdivision, mobile home park, etc.): Subdivision, ` shopping center d (check where 6. Number of separate wastewater discharge pipes/wastewater outfaIls (if applicable): 1 7. If separate discharge pipes, describe the source(s) of wastewater for each pipe: Na rrse of receiving water or waters: (Please provide a map showing the exact location of discharge) Irvin Creek I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Kim H. Colson, P.E. Printed Name of Person Signing Vice —President Enginwc+ring Title 7 Date Applic.tion Signed Signature of Applicant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than S10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 1/95 To: Permits and Engineering Unit Water Quality Section ➢ate: October 30, 1990 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC 0063789 MRO No.: 90-178 PART I - GENERAL INFORMATION Facility and Address: Mint Hill Festival WWTP Mid South Water Systems, Inc. Post Office Box 127 Sherrills Ford, North Carolina 28673 2. Date of Investigation: October 24, 1990 Report Prepared By: Allen Hardy, Environmental Engineer I 4 Person Contacted and Telephone Number: Joyce Stewart; 704/478-2785 Directions to Site: The shopping center is at the southwest corner of S. R. 3128 (Lawyers Road) and Highway 51 in the Town of Mint Hill. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35° 10' 35" Longitude: 80° 39' 45" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 16 NW 7. Size (land available for expansion and upgrading): The land available for expansion appeared to be limited. 8. Topography (relationship to flood plain included): The site contained gently rolling hills with slopes from 3-8%. 9. Location of Nearest Dwelling: There were several homes located within 500 feet of the treatment plant. 10. Receiving Stream or Affected Surface Waters: Irvins Creek a. Classification: C b. River Basin and Subbasin No.: Catawba; 030834 Page Two c. Describe receiving stream features and pertinent downstream uses: The receiving stream appeared to be approximately 6-8 feet wide and a defined channel of 1-3 feet in depth. The bottom was typically sandy. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 100o Domestic 0o Industrial a. Volume of Wastewater: .035 MGD (Design Capacity) b. Types and quantities of industrial wastewater: N/A c. Prevalent toxic constituents in wastewater: None with the exception of chlorine. d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4 Type of Treatment (specify whether proposed or existing): The existing .035 MGD extended aeration package plant consists of an equalization basin, aerobic sludge digester, aeration basins, clarifier, tertiary sand filters, tablet disinfection and a chlorine contact chamber. " iz 5. Sludge Handling and Disposal Scheme: Sludge is removed as needed by a septage hauler. cry /ie/1✓� 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class 2 7. SIC Code(s): 5399 Wastewater Code(s): Primary: 02 Secondary: PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: No 3. Additional effluent limits requests: No 4. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? No Air Quality or Groundwater concerns are expected from this project nor is hazardous waste utilized. Page Three 5. Other: No PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Mid South Water Systems, has requested renewal of their Permit which allows them to discharge treated domestic wastewater produced from a small shopping center complex. The wastewater is entirely domestic except that which may be produced from a grocery store within the shopping center (grease/oil). A review of the self -monitoring data did not reveal any problems except one violation for BOD and two for NH3 as N for the period from 9/89 through 8/90. It is recommended that the Permit be renewed. A connection to the City sewer should be made as soon as it is available. ater Quality Regional Su N.L 11,1R AND CONiltUNTI: TIEVE1.01"Nr7,'r State of North Carolina OCT 1 1 1990 partment of Environment, Health, and Natural Resources Division of Environmental Management DIVISION OF ENVIRONMENTA1 MAME. 512 North Salisbury Street • Raleigh, North Carolina 27 EVILLE REM OFFICE G. Martin, Governor George T. Everett, Ph.D. °obey, Jr., Secretary Director 10/8/90 Mr. Richard J. Durham Mid South Water Sytems, Inc. PO Box 127 Sherrills Ford, NC 28673 Dear Mr. Durham : Subject: NPDES Permit Application NPDES Permit No.NC0063789 Mint Hill Festival WWTP Mecklenburg Coun This is to acknowledge receipt of the following documents on October 8, 1990: Application Form Engineering Proposal (for proposed control facilities) 'N/ Request for permit renewal, Application Processing Fee of $100.00, Other The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit for review. You will be advised ot any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, CC: Dale Overcash, P.E. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 A.-. r TH CARCULINA DEPT. OF NATURAL RESOURCES AND COMMUNITY IRONMENTAL MANAGEMENT COMMISSION IONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D co be filed W"ly by Services, wholesale and ratan trade, and other commercial establishments including vessels 0 Do not attempt to complete this form without reading the •cemeasonying iitt,wcttaswt Please print or type 1. Name. address, ono teies* e r of facility produc h g,r d 7 17 r, flscI. A. Name 1. Street a C. city E. County G. Telephone No. Ares Code 2. 51C (leave Blanc) 7. Number Of ercloyees 4. Nature of Duttness 5. (a) Check here 1f discharge occurs all y (b) Check the montn(s) discharge occurs: 1.©January 2.0February 3.01.rch 4.0April 6.0June 7.©July I.0Augwst 11.0Septaiber 11. ©hovembe r 12. 0 Decamder (c) Po•many days per reek; 1.01 2.02.3 ** D. SUU.diee F. ZIP, eRev :IS NAME & MAILING ADDRESS: Mid South WaterSystems, Inc. P.O. Box 127 Sherri I Is Ford, NC 28673 D i s c ha rge per 3.0 4.5 $Cherped to surface waters Only (choc operating day O,i•!9g 1000•H99 1il00-Silts 10,000- A. Sanitary, daily •verape 1. Cooling water, etc.. 'ally average C. Other dl$Char'peft), daily average, Specify Maslow* Per .oce•al. Ing day for core: lnec a+aMprge (ell types) • VI (1) 95. 10C (1Ci Waste water is discharged to: A. IVnlLipol utiw•r system C. sChar9e points: C.0 4-5 9. Nome of receiving water .10. floes Your discharge Co.'tlin or 1s it une or more of the following fubstanCI ectivitles, or processes: sen©nia. cy chromium. cooper, lead, Norco nicte 'ease, ,arid Chlorine (MalawxJ. A.11 ems 11.0 no 0.0 f or more the that tof thetbest familiarat I an best of ny tnowledge end belief sock lsfer itl Ili tee accurate. En,rir_ .r ktovly renders iaaceunite any tsca r;erated or risittaioed tinder Artiela _�p _e:eating that Article: , ..halI be iuiit'• glr;,nrn, or by iaprisvrs+artt not to exceed • per.isemen: by a fine oVzot more -than 110;4)C}0 cr f r a si":.:.ar c`'fPnse.) North Carolina Division of Environmental Management Checklist of Facility Components To Be Used In Determing Facility Classification All information will be printed: Name of Planter County Owner or Contact Person Mailing Address v; 1 Street or P. O. Box No. Permit Number Information NPDES Permit No. N(.o,(' " ,e9 Date Issued State Permit No. Date Issued Town or City 4(71 Z Telephone Zip Construction Status Please Check: Existing Facility Upgraded Facility u_,_ New Facility " r If Upgraded or New Facility, Give: 50% Completion Date 100% Completion Date Rated by, � ' .., 'w,..__. Wt_ gton Office � ��..._ pate Operator in Responsible Charge Design Flow of Plant in GPD ITEM Grade (1) DESIGN FLOW OF PLANT IN GPD (not applicable to non -contaminated cooling waters and non -discharging systems) 0 -- 20,000 » « 20,001 -- 50,000 . . . . * . » . . » . » • . » 50,001 -- 100,000 . * « . » « » « . « 0- • 100,001 -- 250,000 250,001 -- 500,000 » 500,001 -- 1,000,000 . . . . « « . » » « . . » « 1,000,001 -- 2,000,000 » « . « . . . . . 2,000,001 (and up) - rate 1 point additional for each 200,000 GPD capacity up to a maximum of: » . Design Flow (GPD): Plant Class POINTS 2 4 5 8 10 30 (2) PRE-TREATMENT UNITS (see definition no. 34) (a) Influent Eumps (including air lift)... (b) Bar Screens... 4.. • +6 • • *at. 4.* Or (c) Mechanical Screens, Static Screens or or Comminuting ) Grit Removal............ * • * * .***** Or (e) Mechanical or Aerated Grit Removal.... (f) Flow Measuring Device... * • • * • * * 0 0 0 Or (g) Instrumented Flow Mea!-:urement.... (h) Preaeration orEgualization........... (i) Grease or Oil Separators -- Gravity... Mechanical. Aerated.... (j) Chemical Corditioning...... * * • 40 0 PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no. 43)... (b) Imhoff Tank........ (c Primary CLauifTiers 0.11cluding sludge air (d) Settling Poni or Settling Tanks for Inorganic Non -toxic Materials Invol- ving a Discharge to tte Surface Waters (sand, gravel, stone, and other mining operations except recre- ational activities such as gem or gold (3) 0 * * (4) SECONDARY TREATMENT UNITS (a) Carbonaceous Stage (i) AerdtiCn — High Furity oxygen System..................... Diffuses Air System... Mechanical Air System (fixed, floating or rotor)................ Separate Sludge Reaeration............ Trickling Filter - High Pate. -- Standard Rate.. tracked Tower... (iii) Aerated Lagoons.................. (iv) Rotating Biological Contactors (biodisc) . . . . . . . . . . . (2) (v) Sand Filters (intermittent bio logical) ...................... (vi) Stabilization Lagoons with Outlet to S t r e a m . . . . .' . . . . . . . . . 00 . 00 00 • . • (vii) Clarifier (including sludge air -...... 2 5 5 (b) Nitrogenous Stage (i) Aeration - High Purity Oxygen System .......................•...• 20 Diffused Air System... 10 Mechanical Air System (fixed, floating, or rotor)......---....... 8 Separate Sludge Reaeration............ 3 (ii) Trickling Filter - High Rate..... 7 Standard Rate. 5 Packed Tower.. 5 (iii) Rotating Biological Contactors (bi©disc)........................ 10 (iv) Sand Filter (intermittent 1ogical)......................... 2 (v) Clarifier (including sludge air lifts) ........................... 5 TERTIARY OR ADVANCEE TFEATMENT UNITS (a Act ; v.ate3 Carboi; D ^' without carbon regeneration.. with carbon regeneration.. 15 (b) Powdered or Granular Activated Carbon Feed - (c) (d) (e) (f) (9) (h) (i) without carbon regeneration.. 5 with carbon regeneration.. 15 Ammonia triprinc .................... 18 Chemi cal Additions................. - -- 5 ©enitrification Process (separate process)WOO •,••_•••••• 10 Ele ct ro di al ys is ....................... 5 Foam Separation....................... 5 Ion Exchange.......................... 5 Land Application (see definition no. 23b;..... ............................ 5 (not applicable for facilities under 9 (a) ] 3) Microscreens.......................... Phosphorus Removal......—............ Polishing Ponds - without aeration.... with aeration....... Post Aeration - cascade............... diffused or mechanical Pre -Package Unit for Femoval of Oil Reverse Osmosis............... NO Sand or Mixed -Media Filters -- low rate... high rate.. (6) SLUDGE TREATMENT (a) Sludge Digestion Tank -- Heated....... Aerobic...... Unheated..... (b) Sludge Stabilization (chemical or thermal). awl * * * • 4. • * * • * * * * * 10 (c) Sludge Drying Beds ........ ******00*** 2 (d) SLudge Elutriation......... ........... 5 (e) Sludge Conditioner (chemical or thermal)................... (f) Sludge Thickener.......... (g) Sludge Gas Utilization (including gas cage) (h) SAdge Holding Tank - Acrated......... Non -aerated..... (i) S-udge Incinerator (not including a:tivated carbon regeneration)....... (j) Vacuum Filter, Centrifuge or Filter P-ess................................. S;JIDGE DISPOSAL (includirg ircinerated ash) ( 7 ) 5 20 2 5 5 30 5 (a) (b) L,znd Application (surface and subsurface) definitict 23a)....... ........... (c) LidfiL1ed (burial)...... ****** (8) DTSINFCTION (a) (b) (c) Post............ *...**...** .********** (d) Dechlorination... .4. * • • • * • • * * * * (e) Chlorine or Ozone Generation...—. (ff) • •• • or • • • • • or • • N. • * * (9) t'ISCELAANECUS UNITS ro fig)lding Ponds or Holding Tanks for I,louganic, Non -toxic Caterials with no Discharge to the Surface Waters.... (Sludge handling facilities for water purification plants, sand, gravel, crushed stone and other similar oper- ations -- see definition no. 10) o 5 3 5 2 10 10 2 0 5 3 2 (4) (MISCELLANEOUS UNITS CONTINUED) (h) Holding Ponds ot Holding Tanks tor Organic or Toxic Materials with no Dischargo to the Surfacc (Any pumF, valvF, or cther meo.hanical control subject t' failure creating a potential for byvass cr discharge from the holding ponds or tirks will ne ES- sitate a rinirrum c1aE5Atication of class T L--quiring a certified operator.) Holding Pond for Effluent Flow Eguilization and/or Stage DiSchacqe........ EffluentFumpn................ ........ In-7'P1ant PurnpF. (including air Stand -fly Power Supply................. Thermal Pollution Control Device... Treatment Processes tot Pemoval of Metal ou Cyanide and CthPu Toxic Materials.......................... TOTAL POINTS 4 30 - TCATI N Clas:; l....... ..... . .. . . ...........5 - 25 Points ClAS II-...... ... * 44** *** R.* ....-.......2f) - 50 il'iP .........51 - 65 Points Class ITT.- ...... .... . . Cl ass TV V. .. ... * • . AY * * * * * .............66 - Tip Points Facilities havin.; 0 rating of ont- tht()Ligh four points, inclu,;ive, do not i.quitp a cettifiod rporator. Classification ,_)f all other taoilitie:; teguit5_, a comparable grade operator in ponEibl chargo. (5) NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0063789 PERMITTEE NAME: Mid South Water Sytems, Inc. / Mint Hill Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 DEC R CE,V Design Capacity: 0.035 MGD Domestic (% of Flow): 100 %© Industrial (%© of Flow): Comments: RECEIVING STREAM: Irvins Creek Class: C Sub -Basin: 03-08-34 Reference USGS Quad: G16NW County: Mecklenburg Regional Office: Mooresville Regional Office (please attach) Previous Exp. Date: 6/30/91 Treatment Plant Class: Classification changes within three miles: No change within three miles. Requested by: Prepared by: Reviewed b n Modeler Date Rec. Drainage Area (mi2 ) ©, 8G Avg. Streamflow (cfs): riQ10 (cfs) © Winter 7Q10 (cfs) mosETaxicity Limits: IWC %© Instream Monitoring: Parameters Upstream 0 30Q2 (cfs) ©. / Acute/Chronic Location ( Downstream }' Location 3© Effluent Characteristics BOD`' (mg/1) NH3-N ( D.O. (mg/1) TSS (mg/1) F. Col. (/100 ml) pH (SU) Summer 30 1oa Winter 3© Zo© Mack W. PiTAL Date: 10/8/90 Date: Date: RECEIVED p7W1110E4 of £NvU Of MENTAL tookl44111011 Wasteflow (mgd) : BOD5 (mg/1) : NH3N (mg/1): DO (mg/1) : TSS (mg/1) : Fecal coliform (#/100m1): pH (su) : DEC 19 Request No.: womma WASTELOAD ALLOW04319M APPROVAL FORM Facility Name: NPDES No.: Type of Waste: Status: Receiving Stream: Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Quad: MID SOUTH WATER SYSTEMS - MINT HI NC007191363789 100% DOMESTIC EXISTING, RENEWAL IRVINS CREEK C 030834 MECKLENBURG MRO WIGGINS 10/9/9 G16NW RECOMMENDED EFFLUENT EXISTING SUMMER WINTER 0.035 0.035 5 10 2 4 6 6 30 30 200 200 6-9 6-9 Drainage area: Summer 7Q10: Winter 7Q10: Average flow: 30Q2: LIMITS - NH3 Toxicity Testing Req.: CHRONIC/CERIO/QRTRLY @ ----------- -- --------------- MONITORING Upstream (Y/N): Y Downstream (Y/N): Y Location: Location: 5894 FESTIVAL 0.86O M q. 0.00 cfs 0.00 cfs 0.93 cfs 0.10 cfs CHOICE LIMITS SUMMER WINTER 0.035 0.035 5 I 10 1 1.8 6 6 30 30 200 200 6-9 6-9 99% 100 FT. UPSTREAM OF DISCHARGE 300 FT. DOWNSTREAM OF DISCHARGE __ COMMENTS _----- - RECOMMEND INSTREAM MONITORING FOR TEMPERATURE, COLIFORM. **FACILITY SHOULD BE GIVEN OPTION OF EXISTING LIMITS W/ TOXICITY TEST OR NH3 CHOICE LIMITS. Recommended by: Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: RETURN TO TECHNICAL SUPPORT BY: DO, CONDUCTIVITY, AND FECAL C / TY fe-wCC' fins 1 //if ,-4v4 Date: /2/ Date: Date: Date: /- / 10/89 h Facility Name .4/110 Pen t 4.'1( CHRONIC TOXICITY TESTING REQUIREMENT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 9? % (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliancewith the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of 41/IK- ,iVit/ 5C/9 pcz- . Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in*association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NO1E: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmenutl controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 C cfs Permited Flow 0, 0 35 MGD Recommended by: IWC% 76/0 Basin & Sub -basin CM 51 Receiving Stream 4„ V 5 (e County **Chronic Toxicity (Ceriodaphnia) P/F at 21'4 Y , See Part Condition State 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 George T. Everett, Ph.D William W. Cobey, Jr., Secretary August 15, 1991 Richard J. Durham F. O. Box 127 ' Sherrills Ford, NC 28673 e 1991 Dear Mr. Durham: Director Subject: Permit No. NC0063789 Mid South Water Systems, Inc. Mecklenburg County TM' In accordance with "yfjur application for discharge permit received on October 4, 1990, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original Signed By Donald Writ for George T. Everett cc: Mr. Jim Patrick, EPA Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No, NC0063789 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mid South Water Sytems, Inc. 1014 is he d,iacharge wastewater from a facility located at s.c Mint Hill Festival WWTP coNintersection of NCSR 3128 & NC Hwy 51 south of Wilgrove Mecklenburg County toitaters designated as Irvins 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 become effective October 1, 1991 This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day August 15, 1991 Original Signed By Donald Safrit for George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0063789 SUPPLEMENT TO PERMIT COVER SHEET Mid South Water Sytems, Inc. is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a equalization basin, clarifier, tertiary sand filters, tablet disinfection, and a chlorine contact chamber located at Mint Hill Festival WWTP, intersection of NCSR 3128 & NC Hwy 51, south of Wilgrove, Mecklenburg County (See Part III of this Permit), and Discharge from said treatment works at the location specified on the attached map into Irvins Creek which is classified Class C waters in the Catawba. River Basin. A. (). EFFLUENT LIMITATIONS AND M©NIT©RING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0063789 During the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the pennittee as specified below: Effluent Characteristics Discharge Monthly Avg. Flow 0.035 MGD BOD, 5 day, 20°C 10.0 mg/I Total Suspended Residue 30.0 mg/I NH3 as N 1.8 mg/I Dissolved Oxygen Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Conductivity itations Weekly Avg. Daily Max 15.0 mg/I 45.0 mg/I Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 400,0 /100 ml 2/Month Daily Weekly Weekly Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Grab *Sample Location 1 or E E E E E, U, D E,U,D E E,U,D U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above discharge point, D - Downstream 300 feet below discharge point. **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A, (). EFFLUENT LIMITATIONS AND MONITORING REQU IRIEMENTS SUMMER (April 1 - October 31) Permit No. NC0063789 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outl'ztll(s) serial number 001, Such discharges shall be limited and monitored by the permiuee as specified below: Effluent Characteristics Discharge Limitations Monthly Avg. Flow 0.035 MGD BOD, 5 day, 20°C 5.0 m g / I Total Suspended Residue 30.0 mg/I NH3 as N 1.0 mg/I Dissolved Oxygen Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Conductivity Monitoring Measurement Weekly Avg. Daily Max Frequency, Continuous 7.5 mg/I 2/Month 45.0 mg/I 2/Month 2/Month Weekly 400.0 /100 ml 2/Month Daily Weekly Weekly *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above discharge point, D - Down ea **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Grab *Sample Location 1 or E E E E E, U, D E,U,D E E,U,D U, D 00 feet below discharge point. PART 1 Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the pei,iiit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and. Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge"" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The '°maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Pats I of the permit. Part II Page 2 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Averag in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Units" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week, This limitation is identified as "Weekly Average" under "Other Units" in Part I of the permit. c. The "maximum daily concentration" is tire. concc ntration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maxi trrum Daily Concentration". It is identified as "Daily Maximum" under "Other Units" in Part I of the permit. d. The "average annual concentration," other titan for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. Part II Page 3 of 14 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. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" sampling, when both the sample and flow c. A "continuous flow measurement" i which occurs continually without it facility. Flow shall be monitored con there may be no flow or for infrequent mainte a measure of flow taken at the time of ill be representative of the total discharge. e of discharge flow from the facility hroughout the operating hours of the except for the infrequent times when ce activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part 1I Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (I). c, Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissua.nce, 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 of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1.0,000 per violation with the maximum amount not to exceed $125,000. I Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)J Part II Page 5 of 14 c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6 (a)1 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C.4.) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 6 of 14 Duty to Provide Information The permittee shall furnish to the Perniit Issuing Authority, within a reasonable time, any infoiniation which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Pei 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 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of Part II Pacie 7 of 14 equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. 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 I4 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage' means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The peiuiittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Peiniit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Up ets a. Definition. "Upset `" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment. facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The pennittee facility was at the time being properly operated; and (c) The pet this per submitted notice of the upset as required in Part II, E. 6. (b) (B) of (d) The permittee complied with any remedial measures required under Part II, B. . of this permit. d. Burden of proof. In any enforcement proceeding the pennittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6, Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. M©NIT©RING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Al"1 ENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10©i© from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 6. Re.cords Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 S. Inspection and Entry The permittee shall allow 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 permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part. II Page 13 of 14 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2. of this pei unit). 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 DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the pemlit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as infonnation 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 pe,nnit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. Part II Page 14 of 14 9. Noncompliance Notification The pernvttee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until. Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. Part. III Permit No. NC0063789 D. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with any terms and conditions of the NPDES permit or governing rules, regulations and laws. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING I7 E REQU1REILIENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. a State of North Carolina Department of Environment, Health, and Natural Resources Mooresville Regional Office s G, Martin, Governor Albert F. Hilton, Regional Manager William W Cohey, Jr., Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT August 1, 1991 Mr. Richard J. Durham Mid South. Water Systems, Inc. Post Office Box 127 Sherrills Ford, North Carolina 28673 Subject: NPDES Permit No. NC0063789 Mint Hill Festival WWTP Mecklenburg County, NC Dear Mr. Durham: Our records indicate that NPDES Permit No. NC0063789 was issued on August 15, 1991 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4- 5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms Furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent." reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the 919 North Main Strut • Telephone 704-663-1679 • FAX 704 663-C6O40 An Equal Opportunist 1111111111". Mr. Richard J. Durham Page Two August 19, 1991 operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation plus criminal penalties may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:se tEc ITS/ON OF fNVlaONM$NtAI DEC 2g87 State of North Carolina Department o 1 Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Carroll Weber. Mid -South Water Systems 1400 Charlotte Plaza Charlotte, N.C. 28244 Dear Mr. Weber: December 14, 1987 SUBJECT: Permit No. NC0063789 Authorization to Construct Mint Hill Festival Shopping Center Wastewater Treatment Plant Mecklenburg County R. Paul Wilms Director A letter of request for an Authorization to Construct was received August 3, 1987, by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a .0075 MGD wastewater treatment facility consisting of a 25 GPM dual submersible grinder pump station with high water alarms, 1240 linear feet of 2-inch force main, an 1800 gallon influent surge tank, a bar screen, a 9,400 gallon extended aeration tank, two 74 CFM blowers, a 2,167 gallon clarifier, an 1800 gallon sludge holding tank, dual 8 sq. ft. tertiary filters, an 840 gallon clearwell, an 1080 gallon mtdwell, a tablet chlorinator, an 810 gallon chlorine contact tank, an effluent flow totalizer and an effluent pump station consisting of dual 20 GPM submersible pumps, high water alarm and 3,570 linear feet of 2-inch force main. This Authorization to Construct is issued in accordance with Part III paragraph C of the NPDES Permit No. NC0063789 issued October 22, 1987, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0063789. The Permittee must employ a certified wastewater operator in accordance with Part III paragraph D of the referenced permit. The sludge generated from these treatment facilities must be disposed of in accordance with G. S. 143-215.1 and in a manner approvable by the North Carolina Division of Environmental Management. The Mooresville Regional Office, telephone number. 704/251-6208, shall be notified twenty-four (24) hours in advance of operation of the installed system so that an in -place inspection can be made. Such notification to the Regional Supervisor shall be made during normal office hours. Pollution Pretxrn$ion Pays P©. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 In event the facilities fail to perform satisfactorily in meeting it's NPDES permit effluent limits, Mid -South Water. Systems shall take such immediate corrective action as may be required by this Division, including the construction of Additional wastewater treatment and disposal facilities. The sand media of the sub -surface filter must comply with Division's sand specifications. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and specifications. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mrs. Babette McKemie, telephone number 919/733-5083, extension 170. cc Mecklenburg County Health Depaitmen Asheville Regional Supervisor Dale Stewart Mecklenburg DEH Engineer `s Certification I , as a duly registered Professional Engineer in the State of North Carolina, hereby certify that construction of these permitted facilities has been completed in accordance with the approved plans and specifications. Signature Date Permit No. NC0063789 Registration MID SOUTH Water Systems, Inc. PO Box 127 Sherriils Ford, North Carolina 28673 (704) 478-2785 5, 1990 Mr. Ron Phelps State of North Carolina Department of Envirorinent, Health & Natural Resources Division of Environmental Management Mooresville Regional Office Post Office Box 950 Mooresville, NC 28115-0950 N. C. DEPT, OP NATMULL .R C175 AND COMMUN UT 1"I''':',«"ELOPMENT NOV 1990 IIVISIA IKV;:1;r1::-DIM. MOVESTILLE RENIAL OffICE Ref: Compliance Evaluation Inspection, Mint Hill WIP, NPDESPermit No. 0063789 Mecklenburg County Dear Mr. Phelps: We have reviewed the compliance inspection report submitted by W. Alan Hardy on October 29, 1990 and would like to make the following response: 1. Self -monitoring data shows this plant in compliance to date. 2. Miss Joyce Stewart, the new Operator for this facility, will be shown the appropriate upstream and downstream Sampling locations. Very truly yours, MID SOUTH WATER SYSTEMS, Thomas Carroll Weber President rICW/sp Permit No. NC0063789 STATE OF NORTH CAROLINA�. DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mid South Water Sytems, Inc. is hereby authorized to discharge wastewater from a facility located at Mint Hill Festival WWTP intersection of NCSR 3128 & NC Hwy 51 south of Wilgrove Mecklenburg County to receiving waters designated as Irvins 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 peiir it shall become effective This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0063789 SUPPLEMENT TO PERMIT COVER SHEET Mid South Water Sytems, Inc. is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a equalization basin, clarifier, tertiary sand filters, tablet disinfection, and a chlorine contact chamber located at Mint Hill Festival WWTP, intersection of NCSR 3128 & NC Hwy 51, south of Wilgrove, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Irvins Creek which is classified Class C waters in the Catawba River Basin. A. E ). EI+N1,UENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0063789 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: uen Characteristics Discharge Limitations Monthly Avg. Flow 0.035 mg/I BOD, 5 day, 20°C 10.0 m g / I Total Suspended Residue 30.0 mg/I NH3 as N 1.8 mg/l Dissolved Oxygen Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Conductivity Weekly Avg. Daily Max 15.0 mg/I 45.0 mg/I Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 400.0 /100 mi 2/Month Daily Weekly Weekly Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Grab *Sample Location I or E E E E E, U, D E,U,D E E,U,D U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above discharge point, D - Downstream 300 feet below discharge point. **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 me. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EPPLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0063789 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Etfluont,, Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Limitations Monthly Avg, 0.035 MGD 5.0 mg/I 30.0 mg/I 1.0 mg/1 200.0 /100 ml Weekly Avq, Daily Max 7.5 mg/I 45.0 mg/I Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 400.0 /100 ml 2/Month Daily Weekly Weekly Requirements Sample IY.91 Recording Composite Composite Composite Grab Grab Grab Grab Grab *Sa mple Location I or E E E E E, U, D E,U,D E E,U,D U, D *Sample locations: E Effluent, I - Influent, U - Upstream 100 feet above discharge point, D - Downstream 300 feet below discharge point. **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/I. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. .Part II1 Permit No. NC0063789 D. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with any terms and conditions of the NPDES permit or governing rules, regulations and laws. STAFF REPORT AND RECOMMENDATIONS Part I - INSPECTION OF PROPOSED WASTEWATER TREATMENT PLANT SITE 1. a. b. Place visited: Mint Hill Festival (Crow Charlotte Retail No. 2, Ltd.) Mailing Address: 1400 Charlotte Plaza Charlotte, North Carolina 28244 2. Date of Investigation: 7/15/85 Date of Report: 9/9/8 By: Michael L. Parker, Environmental Engineering Tech. I 4. a. Person contacted: Mr. H. Carson Fisher b. Phone No.: (704) 372-4464 5. Directions to site: The site of of S. R. 3128 (Lawyers Road) and in Mecklenburg County. I the shopping center is at the corner Highway 51 in the Town of Mint Hill 6. a. The coordinates to the proposed point of effluent discharge are: Site. A (NC 0063789) Latitude 35°10'35" Longitude 80°39'45" b. USGS Quad No.: G16NW (see attached map) 7. Size (land available for expansion and upgrading): Site A: Ample area available for the construction of the proposed wastewater treatment Plant 3+ acres). Site B: Ample area available for the construction of the proposed wastewater treatment plant 3+ acres). Site B (NC 0063771) Latitude 35°10'04" Longitude 80°39'28" 8. Topography: Site A: Relatively flat, 3-5% slopes. Site B: Gently rolling, 3-8% slopes. 9. Location, of nearest dwelling: Site A: Several within 1000 feet of proposed wastewater treatment plant. Site B: None within 500 feet of proposed wastewater treatment plant site. 10. Receiving Stream: Site A (NC 0063789) Site B (NC 0063771) Irvins Creek Unnamed tributary to Stevens Creek a. Classification C C b. Minimum 7-Day, 10-Year discharge at site: Unknown Estimated "0" cfs c. River Basin and Sub- Catawba 030834 Yadkin 030712 Basin No.: Part II - DESCRIPTION OF PROPOSED TREATMENT FACILITIES 1. Proposed Facilities: Site A (NC 0063789): Applicant proposes to construct a 0.010 MGD package type (extended aeration) wastewater Page treatment plant with disinfection to serve a retail outlet center and grocery store complex. All wastewater will be domestic. Applicant should show how flow estimates were determined upon submittal of plans and specifications. Based on Mooresville Regional Office personnel' s observation of the receiving stream, proposed wastewater treatment facilities should be able to comply with anticipated limitations. Of the two sites proposed for a discharge location, this site appears to be the more suitable. At this writing, a waste load allocation has not been received by the Mooresville Regional Office. Site B (NC 0063771): This site is also proposed for a grocery store and retail outlet complex. The property owners of this location, however, may decide to also construct a subdivision; therefore, requiring a plant capacity of 0.030 MGD. All wastewater will be domestic. Applicant should show how flow estimates were determined upon submittal of plans and specifications. This site did not appear favorable for the proposed discharge. The discharge location is approximately 100-200 feet below a small pond and there was little or no flow in the stream during the site investigation. It is suspected that the stream bed acts more like a wet weather ditch during most of the year. The small pond upstream greatly inhibits stream flow. A waste load allocation has not yet been developed for this discharge location. Part III - EVALUATION AND RECOMMENDATIONS Recommendations and/or Special Conditions: Site A (NC 0063789): Based on field observations, this site appears more favorable for construction of the proposed wastewater treatment plant. Substantial stream flow was noted at this location. Pending promulgation of a waste load allocation and its subsequent review and approval by this Office, it is recommended that an NPDES Permit be issued for this discharge location. An A to C can be issued provided plans and specifications are deemed adequate to comply with NPDES Permit limitations. Site B (NC 0063771): This site does not appear favorable for the construction,of a 0.030 MGD wastewater treatment facility. It is suspected that water quality problems may occur downstream as a result of this proposed discharge. It is anticipated that Technical Services will recommend "no discharge" based on the relatively small drainage area and the receiving stream having little or no assimilative capacity. It is the recommendation of this Office that an NPDES Permit not be issued for this discharge location. lt9Lt WuawdopnaU A4 LPN 'OMR! • 33'4SAi'9sileS 43-1°N CJS WOD pu! saasnobli !um ; .yemourtie EulIwo tpoN jo,a3Eas p' A�fV NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR AGENCY 11 USE To be filed only by services, wholesale and retail trade. and other commercial establishments including vessels Do not attempt to complete this form without reading the accompanying instructions Please print or type 1. Name, address, and telephone number of facility producing discharge A. Name Craw Charlotte Retail #2, Ltd. 2. SIC B. Street address 1400 Charlotte Plaza C. city Charlotte E. County r.L.cklenburq G. Telephone No. 704 376-5910 Area Code reco- /00 ecV (cv APPLICATION NUMBER DATE RECEIVED p I 0.?Jcl YEAR D. State N_C. F. ZIP 28244 DAY (Leave blank) 3. Number of employees N/A (Total e Flow 20,000 GPD) Retail and Store 4. Nature of business 5. (a) Check here if discharge occurs all yearrX, or (b) Check the month(s) discharge occurs: 1.0January 2.DFebruary 3.0March 4.0April 5.0May 6.0June 7.0July 8.0Auqust 9.CiSeptember 10.c1October 11.0November 12.0December (c) How marw days per week: 1.ol 2.02-3 3.04-5 A.1X6-7 6. Types of waste water discharged to surface waters only (check as applicable) Discharge per operating day A. Sanitary, daily average B. Cooling waber. etc.. -daily average C. Other discharge(s), daily average; Specify Maxi*am per operat- g day for combined scharge (all types) 0.1-999 (1) Flow, gallons per operating day -4 (2) 99 5000-9999 10,000- 49,999 - (3) (4) 50.000 or more (5) None (6) Volume treated before discharging (percent) (7) 30- 65- 64.9 94.9 (9) 95- 100 (10) MQ ; 1985 PRE VIOUS EOITIC../t4 MA V Of. 1.1"..!: • If any of the types of waste identified in item 6, either treated or un- treated, are discharged to places other than surface waters, check below as applicable. Waste water is discharged to: A. Municipal sewer system B. Underground well C. Septic tank U. Evaporation lagoon or pond E. Other, specify: Package Treat. Plant 0.1-999 8. Number of separate discharge points: A_ 141 8. 13 2-3 (1) AVERAGE FLOW, GALLONS PER OPERATING GAY 1000-4999 C.©4-5 D.Lit. or more 6 4# irn 9. Name of receiving water or waters 5000-9999 (3) 10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia. cyanide, aluminum, beryllium, cadmium, chromium, copper, lead. mercur , nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). A.S.yes B.©no chlorine (residual) 10,000-49,999 1 certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information 1s true, complete, and accurate. Stephen E. Hoos Printed Name oPerson Signing Title Application Signed Signature of Applicant (4) 50,000 or more (5) forth Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes Iny false-btatement representation, or certification in any application, record, report, plan, )r other document files or required to be maintained under Article 21 or regulations of the 'environmental Management Commission implementing that Article, or who falsifies, tampers with, Ir knowly renders inaccurate any recording or monitoring device or method required to be perated or maintained under Article 21 or regulations of the Environmental Management Commission .mplementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed 10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, or a similar offense.) Depa 5 State of North Carolina ral Resources and Community Development bury Street • Raleigh, North Carolina 27611 /y 3, /9Fs r ?ra�.rir ,7.YC . f This application bus been (919/733-5083) of our Per dts bait for Mace the permit is drafted � pasa�� oZ a dxa t pewit. . Public notice emit be ftclsar prior to final action es the is.or dental. of the be comments,ed of any : questions or other necessary for the review of the application. I au. by copy of this prepare. a staff report and any questions regarding this above.. S. Thomas Rhodes, Seery licatton for MIMS Permit ring that our Regformar Office SsPerwisor regerding this diacharge_ If you have please contact the review person listed NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 1)1.VISION OF ENVIRONMENTAL MANAGEMENT P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM . APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR AGENCY USE To be filed only by services, wholesale and retail trade, and other commercial establishments including vessels Do not attempt to complete this form without reading the accompanying instructions Please print or type 1. Name, address, and telephone number of facility producing discharge A. Name Craw Charlotte Retail #2, Ltd. B. Street address 1400 Charlotte Plaza C. City C'harint-tP E. County NSecklerq G, Telephone No. 704 376-5910 2. SIC (Leave blank) 3. Number of employees 4. Nature of business Area Code N/A (Total ta:teter law 10,000 GPD) APPLICATION NUMBER N1(1(101613l9 Iv I' YEAR DATE RECEIVE© MO. q DAY e(ElJAd Retail and Grocery Store 5. (a) Check here if discharge occurs all year)°, or (b) Check the month(s) discharge occurs: 1. o January 2. ©February 3. 0 March 4.0 Apri l 5. 0 May 6,0June 7.0July 8.0Auqust 9.0September )0.00ctober 11.0November 12.00ecember (c) Now man., days per week: 1.01 2, 0 2-3 3.0 4-5 4.N 6-7 6. Types of waste water discharged to surface waters only (check as applicable) Discharg operatin per day A Sanitary, daily average B. Cooling water, etc.. daily average C. Other discharge(s), daily average; Specify maximum per operat- ing day for combined ° discharge (all types) 0.1-999 (1) Flow, gallons per operating day 00'6-4999 (2) 5000-9999 . 10,000- 49.999 (3) (4) 10,000 I 50,000 or more (5) None (6) Volume treated before discharging (percent) 0.1- 29.9, (7) 30- 64.9 (8) 65- 94.9 (9) 95- 100 10,000 PREVIOUS E©IT,UN MAY ©t U",Ef- 1. If any of the types of waste Identified in item 6, either treated or un- treated, are discharged to places other than surface waters, check below as applicable. Waste water is discharged to: 0.1-999 (1) AVERAGE FLOW, GALLONS PER OPERATING DAY 1000-4999 (2) 5000-9999 (3) 10,000-49,999 (4) 50,000 or more (5) A. Municipal sewer system B. Underground well C. Septic tank O. Evaporation lagoon or pond E. Other, specify: Package Treat. Plant B. Number of separate discharge points: A.�11 B. ©2-3 9. Name of receiving water or waters 10. floes your discharge contain or is 1t possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium. copper, lead, mercury. nickel, selenium. zinc, phenols, oil and grease, and chlorine (residual). A.la.yes B.©no Chlorin (residual) 10,000 1 certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete. and accurate. Printed Name if'` Person Signing Construction Manager Title Application. Signature of Appltcan North. Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Managemept Commission implementing that Article, or who falsifies, tampers with, or knowly�repdersrin€ccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000,'©r by imprisonment not to exceed six months, or by both. (38 U.S.C. Section 1001 provides a punislunent by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Part ill Continued Permit No. NC0063789 F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site. PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302 (b) (2) (c) , and (d) , 304(b)(2), and 307 (a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1) contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2) controls any pollutant not limited in the permi H 14 9. Severability The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, 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 submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6, and 33 USC 1251 et seq. H 13 Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish 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 consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. H 12 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. H 1,1 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located,or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. H 10 Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any diversion from or bypass of facilities. H 9 PART II GENERAL CONDITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Noncompliance Notification 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 of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through, the facility or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. H 8 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et seq, the Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of 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 c. The person(s) who performed the analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. H 7 d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein means the North Carolina Environmental Management Commission. f. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. g. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. h. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). i. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. H 6 C. M©NIT©RING AND REPORTING 1. Representative Sampling Samples collected and measurements taken as required herein shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3,) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTN: Central Files Post Office Box 27687 Raleigh, NC 27611 Definitions a. Act or "the Act": The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. b. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected in one calendar month. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in one calendar month. c. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected during one calendar week (Sun -Sat). The weekly average for fecal coliform bacteria is the geometric mean of all samples collected in one calendar week (Sun -Sat). H 5 Part I Permit No. NC H. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the folllowing schedule: NOT APP CAB E 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. H4 W EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final WINTER: November 1 - March 31 During the period b! inning on the effective date of the Permitand lasting until expiration, the permittee is au rized to discharge from outfall(s) serial number(%) 00i. Such discharges shall be flatted and monitored by the penT1 ttee as specified below: Effluent Chara;Hrlstics ©lscharQe. Limit$tl9ns Kg day (lbs/day) 0 Monthly Avg. Weekly Avg. Flow BOD, 5Day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean Residual Chlorine Temperature *Sample locations: E - Effluent 0.035 MGD 10.0 mg/I 30. 0 mg /I 4. 0 mg /I 6.0 mg /I 1000.0/100 ml s Spec 15.0 mg /I 45. 0 mg /1 6.0 mg/1 6.0 mg/1 2000.0/100 ml Influent, U - Upstream Monitoring Requirements Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Recording Composite Composite Composite Grab Grab Grab. Grab The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/Month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam. In other than trace amounts. I or E E E E E,U,D E,U,D E E,U,D 3 w Effluent EFFLUENT LIMITATICNIS AND MtNiIT©RING REQUIREMENTS Final SUMMER: April 1 - October 31 During the period beglnnln on the effective date of the Permitand lasting until expiration, the permittee 1s authorized to discharge from outfall(s) serial numbers) 00i. Such discharges shall be tinned and monitored by the permittee as specified below: Characteristics Discharge Limitations Monitori Kg/day (lbs der) Monthly Avg. Weekly Avg. Flow BOD, 5Day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen (minimum) Fecal Colif©rm (geometric mean) Residual Chlorine Temperature 0.035 MGD 5.0 mg/1 7.5 30.0 mg/I 45.0 mg /I 2.0 mg /I 3. 0 mg /I 6.0 mg /I 6. 0 mg /I 1000.0/100 ml 2000.0/100 ml *Sample locations: E - Effluent, Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Influent, U - Upstream, D - Downstream Recording Composite Composite Composite Grab Grab Grab. Grab The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/Month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. nts * ImOIL Loco on I or E E E E E,U,D E,U,D E E,U,D Permit No. NC0063789 SUPPLEMENT TO PERMIT COVER SHEET Mid South Water Systems, Incorporated is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment plant; 2. Make an outlet into Irvins Creek; After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.035 MGD waste- water treatment facility located at the corner of NCSR 3128 and Highway 51 in Mint Hill, Mecklenburg County (See Part III of this Permit) ; and 4. Discharge from said treatment works into lrvins Creek which is classified Class "C" waters in the Catawba River Basin. Page Two Mr. Thomas Carroll Weber If you have any questions concerning these modifications, please contact Mr. Dale Overcash, telephone number (919) 733-5083. Sincerely, ORIGINAL S!GNED BY ARTHUR MOUB RRY FO R. Paul Wilms cc: r. Jim Patrick EPA D© /gwt State of North Carolina DepartmentNatural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Thomas Carroll Weber Mid South Water Systems, Incorporated P.O. Box 127 Sher Is Ford, North Carolina 28673 Dear Mr. Weber: November 30, 1987 R. Paul Wilms Director SUBJECT: NPDES No. NC0063789 Mid South. Water Systems, Incorporated formerly issued to Trammel Crow Company Mecklenburg County In accordance with your request received October 26, 1987, we are forwarding herewith the subject permit now issued to Mid South Water Systems, Incorporated. The changes in this permit are in name and ownership. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. Continued Pollution Preventintt Pays PO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-70I5 RECEIVE ifR+ISION 6F Ed4`r'$f'O NMENTAL I1a.0.14A6 WI ' 3 1 IMORESVIELE REGIONAL OFFICE September 2 i, 196-i Ms. Babette McKemie P.O. Box 27667 Raleigh NC27611 Re: AC 0063789 Mint Hill Festival Mid -South Water Systems, Inc. Dear Ms. McKe On behalf of Mid -So regarding sludge review comments. Very truly yours Dale C» Stewart. F. E. DCS/ss Enclosure cc: Carroll teb Stew; Hoots D.C. STE[�R ENGINEERING SERVICES' LAND PLANNING. CIVIL AND ENVIRONMENTAL ENGINEERING 4750 SOUTH BLVD. CHARLOTTE, N.C. 28210 704 522 7777 h please ind enclosed copies of a letter sposal in response to your August 19, 1987 PE W1 TS et NEE- NC September 10, 1987 Mr. Carroll Weber Mid South Water Systems, Inc. P.O. Box 127 Sherrills Ford, N.C. 28673 Re: Mint Hill Festival Dear Mr. Weber: Bio Chem Labs will be able to take sludge from the Mint Hill Festival and use as seed for the Huffman Finishing Company treatment plant, #NC0025135. I hope this arrangement is agreeable and if I can be of further service, please let me know. S on Was Water Treatment Consultant p��E° ITS Epp