HomeMy WebLinkAboutNC0000272_NPDES_Permit_Issuance_20011115 6'State.of North Carolina
Department of Environment
and Natural Resources
Division, of Water Quality A- 4��
Michael F. Ross, Jr.,
rota NCDENR
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
November 15,2001
Mr. Robert Shanahan
Vice President- Mil1 Manager
Blue Ridge Paper Products
P.O'.Box 4000
Canton,North Carolina 28716
Subject: NPDES Permit Issuance
Permit No.NC0000272
Blue Ridge Paper Products Inc.
Haywood County
Dear Mr. Shanahan:
After conducting a public hearing on Blue Ridge Paper's Request for renewal of the color..
variance, temperature variance and the NPDES Permit,the Environmental Management Commission's
NPDES Committee approved renewal of the color variance, with the color conditions contained herein,
on October 10, 2001.The conditions related to color(as approved by the NPDES Committee) have been
incorporated into this permit and are an enforceable part of the permit.
In considering the comments presented at the September 6,2001 public hearing,the hearing
officer made several recommendations for the color variance and the NPDES permit. The
recommendations made by the hearing clearly indicate the hearing officer's commitment to addressing
the concerns raised at the hearing and have been incorporated into the approved color variance and this
NPDES Permit. Specifically,the changes to the color variance and this permit include:
➢ The color variance and permit explicitly requires the Canton mill to implement all of the
`Highest Certainty' action items (as identified by the EPA's Tech Team).
➢ The initial color limit reduction to 42,000 pounds per day is now stipulated as a range of
40,000—42,000 pounds per day. After implementation of the `Highest Certainty' action
items, the Technology Review Workgroup will evaluate mill performance. If the limit
recommended by the TRW is within or below the 40,000 to 42,000 pounds perday,that limit
will become effective on December 1,2003, after written notification from the Director of
the Division of Water Quality.
➢ The color variance and permit explicitly requires the Canton mill to evaluate all of the
`Reasonable Certainty' action items.
➢ The color variance and permit explicitly states that the second 3,000 to 8,000 pounds per day
color reduction is in addition to the initial 6,000 to 8,000 pounds perday color reduction.
➢ The range for the final color limit effective December 1,2005 is now 32,000 to 39,000
pounds per day. If the limit recommended by the TRW is within or below the 32,000 to
39,000 pounds per day,that limit will become effective on March 1, 2006, after written
notification from the Director of the Division of Water Quality.
➢ The report evaluating color reduction technologies for the Chloride Removal Process purge
stream is due on December 1,2004,so that this waste stream can be evaluated by the
1617 MAIL SERVICE CENTER', RALEIGH, NORTH CAROLINA 27699-161 7-TELEPHONE.91 9-733-5083/FAX 919-733-0719
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VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES
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Permit Number: NC0000272
Technology Review Workgroup for additional color reductions by the end of the permit
cycle,
➢ The evaluation of color reduction technologies associated with the Chloride Removal Process
waste stream shall include land application, commercial incineration, and solidification for
land disposal. The inclusion of these technologies should not be interpreted as limiting the
scope of this evaluation, rather that in addition to other technologies the report should include
the technologies referenced above.
➢ The color condition has been reworded to clarify that the role of the color ranges is not
permitting limits; rather they are clauses to trigger reopening of the permit. If the effluent
color limit,which will be set only after implementation of the"Highest Certainty" items and
the"Reasonable Certainty" (or equivalent) items, fails to fall at least within the ranges set in
the condition, Blue Ridge Paper would be required to satisfactorily justify the circumstances,
for not achieving the stipulated color reductions,to the Division of Water Quality, the
Technology Review Workgroup and the Environmental Management Commission's NPDES
Committee. If the TRW and the Division of Water Quality concur with Blue Ridge Paper's
rationale for not achieving the stipulated ranges,the permit would be reopened for public
comment, prior to presenting these findings to the NPDES Committee. If the performance of
the mill results in a limit within or better than these two color ranges,the permit would not be
reopened and the performance attained would become the limit that is effective on the date
stipulated in the color condition.
➢ Finally, the color condition has been reworded to better describe that the methodology for
determining the effluent color limits are based on the performance of the mill after _
implementation of the identified technologies.The effluent color limit implemented at the
end of the permit cycle,will be set only after all the"Highest Certainty" items and
"Reasonable Certainty"(or alternative technology that will achieve similar color reductions)
items have been implemented. After implementation of these items, the Division (based on
the recommendation of the Technology Review Workgroup)will set a final effluent color
limit based on a statistical analysis of the performance of the mill.
The Division of Water Quality commends Blue Ridge Paper for their initiative and leadership in
fostering community involvement. The openness and willingness of Blue Ridge Paper to work with the
community was evident at the public hearing and has•manifested itself in a trust between the community
and the company. The Division strongly recommends that Blue Ridge Paper continue their efforts to
foster this relationship and maintain a leadership role on the Community Advisory Committee.
The Canton mill has made incredible strides in reducing its impact on the Pigeon River,though
significant work remains. The Division of Water Quality has worked together with the community, EPA,
the State of Tennessee, and Blue Ridge Paper to develop a permit and color variance conditions that
meets the goals of all the parties. By the end of the permit cycle,the Division expects that, for the first
time since the variance was issued in 1988,the Division and the NPDES Committee will be able to
evaluate whether the Canton mill's performance has achieved compliance with North Carolina's narrative
color standard (15A NCAC 2B .0211(3)(f)).
However, if mill performance fails to achieve the color reductions expected, the Division
recommends that Blue Ridge Paper consider facilitating another independent evaluation of the Canton
mill, similar to the evaluation conducted by Dr. Liebergott.
In addition to the changes and recommendations regarding color above the hearing officer
suggested the following changes to the permit:
➢ Clarification on the sampling location for the Fiberville Bridge instream monitoring station
(refer to Special Condition A.(5.))
Permit Number: NC0000272
➢ Monitoring of the full range of dioxin and furan isomers on the effluent from the Canton mill
(refer to Special Condition A.(9.)).
Division personnel have reviewed your application for renewal of the subject permit,the
temperature and color variance. Accordingly,we are forwarding the attached NPDES discharge permit
that incorporates the recommendations of the hearing officer and the conditions of the color variance.
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).
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 the draft permit for your facility,please call Michael Myers
at(919)733-5083, extension 508.
Sincerely,
Gr J Thorpe,P .D.
A ing rector
cc: Central Files
NPDES Files
Aquatic Toxicology Unit
Marion Deerhake- North Carolina Environmental Management Commission, NPDES Committee
Jerry Wilde - Dead Pigeon River Council
402 W. Broadway
Newport, Tennessee 37821
Forrest Westall -Asheville Regional Office/Water Quality Section
Dan Oakley-North Carolina Attorney General, Environmental Division
Keith Haynes - Asheville Regional Office/Water Quality Section
Rob Lang- Compliance and Enforcement Unit
Diane Reid- Classification and Standards Unit
Scott Gordon- Chief of Permits, Grants, and Technical Assistance Branch, EPA Region IV
Roosevelt Childress Jr. - Environmental Protection Agency, Region IV
Marshall Hyatt- Environmental Protection Agency, Region IV
Karrie-Jo Shell- Environmental Protection Agency, Region IV
Don Anderson- Environmental Protection Agency, Headquarters
Mark Perez -Environmental Protection Agency, Headquarters
Permit Number: NCO0002 72
Justin P. Wilson- Deputy to the Governor
Tennessee State Capital, Suite G10
Nashville, Tennessee 37243
Paul Davis - Tennessee Division of Water Pollution Control
6th Floor, L&C Annex
401 Church Street
Nashville, TN 37243-1534
Charles Lewis Moore - County Executive Cocke County
360 Main Street, East
Newport, Tennessee 37821
David Jenkins-American Canoe Association
7432 Alban Station Boulevard,Suite B-232
Springfield,Virginia22150-2311
Hope Taylor - Clean Water Fund of North Carolina
29 'k Page Ave
Asheville, North Carolina 28801
David McKinney-Tennessee Wildlife Resources
Ellington Agricultural Center
P.O. Box 40747
Nashville, Tennessee 37204
Jonathon E. Burr-Tennessee Division of Water Pollution Control
Regional Environmental Assistance Center
2700 Middlebrook Pike, Suite 220
Knoxville, Tennessee 37921
Robert Williams-Blue Ridge Paper
175 Main Street
P.O.Box 4000
Canton,North Carolina 28716
Derric Brown-Blue Ridge Paper
175 Main Street
P.O. Box 4000
Canton,North Carolina 28716
Patsy R.Williams-Chairman Newport/Cocke County Tourism Council
360 East Main Street
Court House Annex, Suite 141
Newport,Tennessee 37821
Dianne Keys-Newport/Cock County Tourism Council
360 East Main Street
Court House Annex, Suite 141
Newport,Tennessee 37821
Timothy L. Dockery-Director
City of Newport
Parks and Recreation Department
433 Prospect Avenue
Newport,Tennessee 37821
A.Dean Williams-Coordinator
Newport/Cocke County Economic Development Commission
433 Prospect Avenue
Newport,Tennessee 37821
Ray Snader-News Director
WNPC Radio AM/FM
377 Graham Street
Newport,Tennessee 27821
Permit Number: NC0000272
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,
Blue Ridge Paper Products Inc.
is hereby authorized to discharge wastewater from a facility located at
Blue Ridge Paper Products Inc.
Canton Mill Wastewater Treatment Plant
Off Highway 215
Canton
Haywood County
to receiving waters designated as the Pigeon River in the French Broad River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2001.
This permit and authorization to discharge shall expire at midnight on November 30, 2006.
Signed this day November 15,2001.
T
�
Grego e,Acting Direct
Divisi of er Quality
F Authority o the Environment al Management Commission
Permit Number: NC0000272
SUPPLEMENT TO PERMIT COVER SHEET
Blue Ridge Paper Products, Inc.
is hereby authorized to:
1. Continue operation of a 29.9 MGD wastewater treatment plant for the treatment of wastewater
associated with the Blue Paper Products Inc. pulp and paper mill, the Town of Canton's
chlorinated domestic wastewater and landfill leachate. The treatment system consists of the
following treatment units:
Grit Chamber
• Bar Screen
• Lift Pumps
• Polymer addition
• pH control ( COZ injection or H2SO4 backup)
Three primary clarifiers
Nutrient Feed
• Aeration basins
Three secondary clarifiers
Residual belt presses
Effluent flow measurement
• Cascade post aeration with oxygen injection
Instream oxygen injection facilities
The facility is located at the Blue Ridge Paper Products WWTP, off Highway 215, Canton,
Haywood County, and;
2. Discharge treated wastewater from said treatment works at the location specified on the attached
map through outfall 001 into the Pigeon River, which is classified C water, in the French Broad
River Basin.
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Facility Information
o Bue Ridge Papers Outfall State Grid: E7SE
French Broad Hydrography Blue Ridge Paper Products, Inc. USGS Quad: Canton
FS Subbasin: 04-03-05
NR NC0000272
PS
Highways Haywood County
NkiniidpaJ Boundaries
county Boundary
N 0.5 0 0.5 1 Miles BLUE RIDGE PAPER PRODU
A
Permit Number: NC0000272
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee
is authorized to discharge treated industrial,municipal,stormwater and landfill wastewater through
outfall(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below:
Effluent Cliaractenstics Effluent Llmits` Monitoring Regutremenfs
,.. _w
f' Monthly} Dally +` Measurement Sample Type ' Sample
I>verage Maximum- Frequency t l ocatton) „
Flow 29.9 MGD Continuous Recording I or E,
BOD,5-day,20°C 3205 lb/day 10897 lb/day Daily Composite I,E,
Total Suspended Residue 12549lb/day 49560lb/day Daily Composite I,E,
NH3-N Daily Composite E,
AOX1 1556.9lb/day 2822.2lb/day Daily Composite E,
Color Daily Composite E,
Dissolved Oxygen Daily Grab E,
Temperature Daily Grab E,
H Daily Grab E,
Conductivity Daily Grab E,
Fecal Coliform 200/ 100 ml 400/ 100 ml Weekly Grab E,
COD Weekly Composite E,
Silver Quarterly Composite E,
Zinc Quarterly Composite E,
Total Nitrogen
(NO2-N+NO3-N+TKN) Monthly Composite E,
Total Phosphorus Monthly Composite E,
Chronic ToXiCitY7 Quarterly Composite E,
Cadmium Quarterly Composite E,
Trichloro henol 3.0 pg1L Quarterly Composite E,
Pentachlorophenol 8.9 pgfL Quarterly Composite E,
Selenium 10.6 Quarterly Composite E,
2,3,7,8 Tetrachloro-dibenzo- 0.014 pg/L. Quarterly Composite I,E,
dioxinia
Conductivity" Daily Grab Pigeon River
Flow Daily Grab Pigeon River
Fecal Coliform Weekly Crab Pigeon River
Color Variable Grab Pigeon River
Temperature Variable Grab Pigeon River
Dissolved Ox en Variable Grab Pigeon River
Footnotes:
1. Sample Location:I-Influent,E,—Effluent,Pigeon River-Instream sampling as specified in A.(5.) Instream
Monitoring Special Condition.
2. AOX monitoring shall be in accordance with the Sampling Plan for Cluster Rule Parameters(dated March 19,
2001) or subsequent modifications approved by the Division. AOX data shall be submitted on a quarterly basis
along with other Effluent Guideline chemical data;refer to A. (7.) Effluent Guideline Sampling Plan Special
Condition.
3. See A. (8.) Color Analysis and Compliance Special Condition.
4. The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/L. See A. (10.)
Dissolved Oxygen Special Condition.
5. The monthly average instream temperature measured at a point 0.4 miles downstream of the discharge location
shall not exceed 32°C during the months of July,August,and September and shall not exceed 29.0°C during
Permit Number: NC0000272
the months of October through June. The monthly average instream te-atgeratretemoerature measured at this
location shall not exceed the monthly average instream temperature of the upstream monitoring location by
more than 13.9°C[See Special Condition A.(13.)Temperature Variance Review Special Condition].
6. The pH of the effluent shall not be less than 6.0 nor greater than 9.0(on the standard units scale).
7. Chronic Toxicity(Ceriodaphnia) at 90%Effluent Concentration:March,June,September,December(see A.
(4.)Chronic Toxicity Permit Limit(Quarterly)).
8. Trichlorophenol and Pentachlorophencl limits and monitoring are provisionally waived since the facility has
certified that chlorophenolic biocides are not used at this facility. If the facility changes operations to include
chlorophenolic biocide,the Permittee shall notified the Division prior to use and the limits and monitoring
requirements shall become immediately effective.
9. If after 18 months selenium has not been detected,the facility may request that the Division review selenium
data for possible removal of the limitation. .
10. See A.(9.) Dioxin Monitoring Special Condition.
11. See A.(5.) Instream Monitoring Special Condition.
See A. (6.) Best Management Practices(BMP)Special Condition.
See A. (11.) Town of Canton Inflow and Infiltration Special Condition.
Defmitions:
MGD—Million gallons per day lb/day—Pounds per day
ml—Milliliter BOD—Biochemical Oxygen Demand
µg/L-Micrograms per liter AOX-Adsorbable Organic Halides
COD-Chemical oxygen demand pg/L-picograms per liter
Permit Number: NC0000272
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon the effective date of the permit and lasting until expiration, the
discharge of wastewater from the pine bleach plant to the wastewater treatment plant through
outfall(s) 002 (Ezt),shall be limited and monitored by the Permittee as specified below and in A. (7.)
Effluent Guideline Sampling Plan Special Condition:
Effluent Characterist�es i 4 Llmlts nllonttorindsReguirements
v MoptftlyDaily Measurement SampleType3 =, { Sample
sn a Average ' Maximum . Frequency LoeOtion'
Flow - Weekly Calculated Ez
Chloroform 5.15lb/day 8.60lb/day Weekly Grab E2
2,3,7,8 Tetrachloro-dibenzo- < 10 pg/L Monthly Composite Ez
p-dioxin(TCDD)
2,3,7,8 Tetrachloro-dibenzo- 31.9 pg/L Monthly Composite E2
faran(TCDF)
Trichlorosyringol < 2.5 µg/LS Monthly Composite E2
3,4,5-Trichlorocatechol < 5.0 µg/L Monthly Composite EZ
3,4,6-Trichlorocatechol < 5.0 µg/L Monthly Composite Ez
3,4,5-Trichloroguaiacol < 2.5 µg/I Monthly Composite EZ
3,4,6-Trichloroguaiacol < 2.5 µg/L Monthly Composite Ez
4,5,6-Trichloroguaiacol < 2.5 µg/LS Monthly Composite Ez
2,4,5-Trichlorophenol < 2.5 µg/L Monthly Composite EZ
2,4,6-Trichlorophenol < 2.5 gg/L5 Monthly Composite Ez
Tetrachlorocatechol < 5.04 Monthly Composite Ez
Tetrachloroguaiacol < 5.0 gglO Monthly Composite EZ
2,3,4,6-Tetrachlorophenol < 2.5 µg/L Monthly Composite E2
Pentachlorophenol < 5.0 µg/LS Monthly Composite EZ
Footnotes:
1. Sample Location:E,—Effluent is composed of Bleach Plant Effluent-acid(acid sewer collected from tap
installed on filtrate pump from C102 bleaching stage D-100 and from tap installed on filtrate pump from C102
bleaching stage D-2)and Bleach Plant Effluent-alkaline(alkaline sewer collected from tap installed on filtrate
pump from alkaline extraction stage E.).See A. (7.)Effluent Guideline Sampling Plan Special Condition
2. Monitoring and flow calculations shall be in accordance with the"Sampling Plan for Cluster Rule Parameters"
(dated March 19,2001)or subsequent modifications approved by the Division. Chemical results for Effluent
Guideline parameters as prepared by the permittee(Internal Outfall 002 parameters+internal Outfall 003
parameters+AOX from Outfall 001)shall be reported on a quarterly basis or more frequently;refer to A. (7.)
Effluent Guideline Sampling Plan Special Condition.
3. Sample Type: Calculated-calculate separate flows for alkaline and acid sewers by water balance or flow
meters,and report total bleach plant flow(acid+alkaline wastestreams) in DMRs. Grab-collect separate grab
samples every 4-hours for 24-hour period from both the acid and alkaline streams,which will then be
composited separately by the lab,and analyzed as separate 24-hr composite acid and alkaline samples.
Composite-collect separate grab samples every 4 hours for 24,.hour period from both the acid and alkaline
streams,then prepare and analyze a single flow-proportioned composite of the acid and alkaline wastestream.
4. For compliance purposes,the permittee must report the total chloroform mass loading based on addition of
separate acid and alkaline chloroform mass loadings.
5. Limits are based on Minimum Levels(ML)specified in 40 CFR 430.01.
Definitions:
lb/day—Pounds per day µg/L—Micrograms per liter
pg/L—Picograms per liter
Permit Number: NC0000272
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon the effective date of the permit and lasting until expiration, the
discharge of wastewater from the hardwood bleach plant to the wastewater treatment plant through
outfall(s)003(E31), shall be limited and monitored by the Permittee as specified below and in A. (7.)
Effluent Guideline Sampling Plan Special Condition:
Effluent Character,sticsk z Llmlts , { z 1 Monrtorincl Requirements '
,N w _
* � � � ManEhly Daily Average : Measurement Sample Type3 Sample �'
e.._. � �� Pre
FIOW2 Weekly Calculated E3
Chloroform 7.14lb/day 11.93lb/day Weekly Grab E3
2,3,7,8 Tetrachloro-dibenzo- < 10 pg/L Monthly Composite E3
dioxin(TCDD)
2,3,7,8 Tetrachloro-dibenzo- 31.9 pg/L Monthly Composite E3
furan(TCDF)
Trichlorosyringol < 2.5 µW Monthly Composite E3
3,4,5-Trichlorocatechol < 5.0 pg/L Monthly Composite E3
3,4,6-Trichlorocatechol < 5.0 µg/L Monthly Composite E3
3,4,5-Trichloroguaiacol < 2.5 µg/L Monthly Composite E3
3,4,6-Trichloroguaiacol < 2.5 µg/L Monthly Composite E3
4,5,6-Trichloroguaiacol < 2.5 µg/L Monthly Composite E3
2,4,5-Trichlorophenol < 2.5 µg/L Monthly Composite E3
2,4,6-Trichlorophenol < 2.5 µg/L Monthly Composite E3
Tetrachlorocatechol < 5.0 µg/L Monthly Composite E3
Tetrachloroguaiacol < 5.0 µg/L Monthly Composite E3
2,3,4,6-Tetrachlorophenol < 2.5 µg/LS Monthly Composite E3
Pentachlorophenol < 5.0 µg/L Monthly Composite E3
Footnotes:
1. Sample Location:E3—Effluent is composed of Bleach Plant Effluent-acid(acid sewer collected from tap
installed on filtrate pump from C102 bleaching stage D-100) and Bleach Plant Effluent-alkaline(alkaline
sewer collected from tap installed on filtrate pump from alkaline extraction stage E.).See A. (7.)Effluent
Guideline Sampling Plan Special Condition.
2. Monitoring and flow calculations shall be in accordance with the"Sampling Plan for Cluster Rule Parameters"
(dated March 19,2001)or subsequent modifications approved by the Division. Chemical results for Effluent
Guideline parameters,as prepared by the permittee(Internal Outfall 002 parameters+internal Outfall 003
parameters+AOX from Outfall 001) shall be reported on a quarterly basis or more frequently;refer to A. (7.)
Effluent Guideline Sampling Plan Special Condition.
3. Sample Type: Calculated-calculate separate flows for alkaline and acid sewers by water balance or by flow
meter,and report total bleach plant flow(acid+alkaline wastestreams) in DMRs. Grab-collect separate grab
samples every 4-hours for 24-hour period from both the acid and alkaline streams,which will then be
composited separately by the lab,and analyzed as separate 24-hr composite acid and alkaline samples.
Composite-collect separate grab samples every 4 hours for 24-hour period from both the acid and alkaline
streams,then prepare and analyze a single flow-proportioned composite of the acid and alkaline wastestream.
4. For compliance purposes,the permittee must report the total chloroform mass loading based on addition of
separate acid and alkaline chloroform mass loadings.
5. Limits are based on Minimum Levels(ML) specified in 40 CFR 430.01.
Definitions:
lb/day—Pounds per day µg/L—Micrograms per liter
pg/L—Picograms per liter
Permit Number: NC00OO272
A. (4.) CHRONIC TOXICITY PERMIT LIMIT(QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 90%.
The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the"North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998,or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent
versions.The tests will be performed during the months of March,June,September,December.Effluent sampling
for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit
limit,then multiple-concentration testing shall be performed at a minimum,in each of the two following months as
described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or
subsequent versions.
The chronic value for multiple concentration tests Will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival.The definition of"detectable impairment,"collection
methods,exposure regimes,and further statistical methods are specified in the"North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure"(Revised-February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1)for the months in which tests were performed,using the parameter code TGP3B for the,
pass/fail results and THP3B for the Chronic Value. Additionally,DWQ Form AT-3 (original) is to be sent to the
following address:
Attention:' .North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days
after the end of the reporting period for which the report is made. i
Test data shall be complete,accurate;include all supporting chemical/physical measurements and all
concentration/response data,and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the
permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the
facility name,permit number,pipe number, county,and the monthlyear of the report with the notation of"No Flow"
in the comment area of the form.The report shall be submitted to the,Environmental Sciences Branch at the address
cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be
required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include
alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism
survival,minimum control organism reproduction,and appropriate environmental controls,shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
Permit Number: NC0000272
A. (5.) INSTREAM MONITORING SPECIAL CONDITION
Stream Mile Location Description Parameter Frequency
Designation Marker
UP 63.8 Pigeon River upstream of the Temperature Daily
waste treatment plant outfall D.O. Daily
(prior to mixing with the Conductivity Daily
discharge) Color' 2/Week
Flow Daily
Fecal Coliform Weekly
DNI 62.9 Pigeon River at Fiberville Bridge Temperature Daily
D.O. Daily
Conductivity Daily
Color' 2/Week
DN2 57.7 Pigeon River Above Clyde Temperature Daily
D.O. Daily
DN3 55.5 Pigeon River Below Clyde See Footnote 3 See Footnote 3
DN4 53.5 Pigeon River at NCSR 1625 See Footnote 3 See Footnote 3
bridge
DN5 42.6 Pigeon River at Hepco Temperature Weekly
D.O. Weekly
Color' Variables
Flow2 Daily
Waterville Reservoir See Footnote 4 Annually
DN6 26.0 Pigeon River prior to mixing with Color Variable
Big Creek
BC -26.0 Mouth of Big Creek prior to Color Variable
mixing with the Pigeon River
DN7 '24.7 Pigeon River at Browns Bridge Temperature Weekly
(-NC/TN State Line) D.O. Weekly
Color Variables
All instream samples shall be grab samples.
1. Color(See A. (8.) Color Analysis and Compliance Special Condition) All instream samples collected
shall be representative of the Pigeon River and Big Creek, respectively. Both true and apparent color
shall be monitored using the methods specified in A. (8.) Color Analysis and Compliance Special
Condition. Samples shall be collected at stations DN6,BC, and DN7 only when at least one generator
at CP&L is in operation and releasing water to the Pigeon River. Samples collected at DNI shall be
collected from the middle or midpoint of the transect of the Pigeon River.
2. Flow monitoring is necessary,as specified above,for the True Color calculation stipulated in A. (8.)
Color Analysis and Compliance Special Condition.
3. Dissolved Oxygen. The average daily dissolved oxygen concentration measured at River Mile 62.9
(DNI), and 57.7 (DN2), shall not be less than 5.0 mg/1 and.the instantaneous minimum dissolved
oxygen concentration shall not be less than 4.0 mg/1 (See A. (10.) Dissolved Oxygen Special
Condition). If the dissolved oxygen drops below 5.0 mg/L at station 57.7 then monitoring shall be
required at stations 55.5 (DN3) and 515 (DN4).
4. See A. (12.) Waterville Reservoir Sampling Special Condition.
5. Sampling is required 2/week during the summer and once per week during the winter. Summer is
defined as the period from April 1 through October 31, while winter is defined as November 1
through March 31.
Permit Number: NC0000272
A. (6.) BEST MANAGEMENT PRACTICES(BMP) SPECIAL CONDITION
The permittee must implement the BMPg specified in Section A below. The primary BMP objective is to
prevent leaks and spills of spent pulping liquors, soap, and turpentine. A secondary objective is to
contain, collect, and recover at the immediate process area, or otherwise control, those leaks, spills, and
intentional diversions of spent pulping liquor, soap, and turpentine that do occur. BMPs must be
developed according to best engineering practices and must be implemented in a manner that takes into
account the specific circumstances at the mill.
Section A. BMP Implementation Requirements
1. The permittee must return spilled or diverted spent pulping liquors, soap, and turpentine to the
process to the maximum extent practicable as determined by the mill,recover such materials outside
the process, or discharge spilled or diverted material at a'rate that does not disrupt the receiving
wastewater treatment system.
2. The permittee must establish a program to identify and repair leaking equipment items. This program
must include: (i)Regular daily visual inspections of process area with equipment items in spent
pulping liquor, soap, and turpentine service; (ii)Immediate repair of leaking equipment items,when
possible. Leaking equipment items that cannot be repaired during normal operations must be
identified, temporary means for mitigating the leaks must be provided, and the leaking equipment
items repaired during the next maintenance outage; (iii) Identification of conditions under which
production will be curtailed or halted to repair leaking equipment items or to prevent pulping liquor,
soap, and turpentine leaks and spills; and (iv)A means for tracking repairs over time to identify those
equipment items where upgrade or replacement may be warranted based on frequency and severity of
leaks, spills, or failures.
3. The permittee must operate continuous, automatic monitoring systems that the mill determines are
necessary to detect and control leaks, spills, and intentional diversions of spent pulping liquor, soap,
and turpentine. These monitoring systems should be integrated with the mill process control system
and may include, e.g.,high level monitors and alarms on storage tanks;process area conductivity (or
pIl)monitors and alarms; and process area sewer,process wastewater, and wastewater treatment plant
conductivity (or pM monitors and alarms.
4. The permittee must establish a program of initial and refresher training of operators,maintenance
personnel, and other technical and supervisory personnel who have responsibility for operating,
maintaining, or supervising the operation and maintenance of equipment items in spent pulping
liquor, soap, and turpentine service.The refresher training must be conducted at least annually and
the training program must be documented.
5. The permittee must prepare a brief report that evaluates each spill of spent pulping liquor, soap, or
turpentine that is not contained at the immediate process area and any intentional diversion of spent
pulping liquor, soap, or turpentine that is not contained at the immediate process area. The report
must describe the equipment items involved,the circumstances leading to the incident, the
effectiveness of the corrective actions taken to contain and recover the spill or intentional diversion,
and plans to develop changes to equipment and operating and maintenance practices as necessary to
prevent recurrence.Discussion of the reports must be included as part of the annual refresher training.
6. The permittee must establish a program to review any planned modifications to the pulping and
chemical recovery facilities and any construction activities in the pulping and chemical recovery areas
before these activities commence. The purpose of such review is to prevent leaks and spills of spent
pulping liquor, soap, and turpentine during the planned modifications, and to ensure that construction
and supervisory personnel are aware of possible liquor diversions and of the requirement to prevent
leaks and spills of spent pulping liquors,soap, and turpentine during construction.
7. The permittee must install and maintain secondary containment(i.e., containment constructed of
materials impervious to pulping liquors)for spent pulping liquor bulk storage tanks equivalent to the
Permit Number: NC0000272
volume of the largest tank plus sufficient freeboard for precipitation. An annual tank integrity testing
program, if coupled with other containment or diversion structures, may be substituted for secondary
containment for spent pulping liquor bulk storage tanks.
8. The permittee must install and maintain secondary containment for turpentine bulk storage tanks.
9. The permittee must install and maintain curbing, diking or other means of isolating soap and
turpentine processing and loading areas from the wastewater treatment facilities.
10. The permittee must conduct wastewater monitoring to detect leaks and spills, to track the
effectiveness of the BMPs,'and to detect trends in spent pulping liquor losses. Such monitoring must
be performed in accordance with Section E.
Section B. BMP Plan Requirements
1. The permittee must prepare and implement a BMP Plan. The BMP Plan must be based on a detailed
engineering review as described in this section. The BMP Plan must specify the procedures and the
practices required for the mill to meet the requirements of Section A, the construction the mill
determines is necessary to meet those requirements including a schedule for such construction, and
the monitoring.program(including the statistically derived action levels)that will be used to meet the
requirements of Section E. The BMP Plan also must specify the period of time that the mill
determines the action levels established under Section D may be exceeded without triggering the
responses specified in Section E.
2. The permittee must conduct a detailed engineering review of the pulping and chemical recovery
operations--including but not limited to process equipment, storage tanks, pipelines and pumping
systems,loading and unloading facilities, and other appurtenant pulping and chemical recovery
equipment items in spent pulping liquor, soap,and turpentine service--for the purpose of determining
the magnitude and routing of potential leaks, spills, and intentional diversions of spent pulping
liquors, soap, and turpentine during the following periods of operation: (i)Process start-ups and shut
downs; (ii)Maintenance; (iii)Production grade changes; (iv)Storm or other weather events; (v)
Power failures; and(vi)Normal operations.
3. As part of the engineering review,the permittee must determine whether existing spent pulping liquor
containment facilities are of adequate capacity for collection and storage of anticipated intentional
liquor diversions with sufficient contingency for collection and containment of spills.The engineering
review must also consider: (i)The need for continuous, automatic monitoring systems to detect and
control leaks and spills of spent pulping liquor, soap,and turpentine; (ii) The need for process
wastewater diversion facilities to protect end-of-pipe wastewater treatment facilities from adverse
effects of spills and diversions of spent pulping liquors,soap, and turpentine; (iii)The potential for
contamination of storm water from the immediate process areas; and(iv)The extent to which
segregation and/or collection and treatment of contaminated storm water from the immediate process
areas is appropriate.
4. The permittee must amend its BMP Plan whenever there is a change in mill design,construction,
operation, or maintenance that materially affects the potential for leaks or spills of spent pulping
liquor,turpentine, or soap from the immediate process areas.
5. The permittee must complete a review and evaluation of the BMP Plan five years after the first BMP
Plan is prepared and, except as provided in Section B.4., once every five years thereafter. As a result
of this review and evaluation,the permittee must amend the BMP Plan within three months of the
review if the mill determines that any new or modified management practices and engineered controls
are necessary to reduce significantly the likelihood of spent pulping liquor, soap, and turpentine leaks,
spills, or intentional diversions from the immediate process areas, including a schedule for
implementation of such practices and controls.
6. The BMP Plan, and any amendments thereto, must be reviewed by the senior technical manager at the
mill and approved and signed by the mill manager. Any person signing the BMP Plan or its
amendments must certify to the Division under penalty of law that the BMP Plan (or its amendments)
Permit Number: NC0000272
has been prepared in accordance with good engineering practices and in accordance with this
regulation. The permittee is not required to obtain approval from the Division of the BMP Plan or any
amendments thereto.
Section C. BMP Recordkegping Requirements
1. The permittee must maintain on its premises a complete copy of the current BMP Plan and the
records specified in Section C.2 and must make such BMP Plan and records available to the Division
for review upon request.
2. The permittee must maintain the following records for three years from the date they are created: (i)
Records tracking the repairs performed in accordance with the repair program described in'Section A;
(ii)Records of initial and refresher training conducted in accordance with Section A; (iii) Reports
prepared in accordance with Section A; and(iv)Records of monitoring required by Sections A and E.
Section D. Establishment of Wastewater Treatment System Influent Action Levels
1. The permittee must conduct a monitoring program per Section D.2,for the purpose of defining
wastewater treatment system influent characteristics (or action levels), described in Section D.3,that
will trigger requirements to initiate investigations on BMP effectiveness and to take corrective action.
2. The permittee must employ the following procedures in order to develop the action levels required by
Section D:
• Monitoring parameters. The permittee must collect 24-hour composite samples and analyze the
samples for a measure of organic content(e.g., Chemical Oxygen Demand(COD) or Total
Organic Carbon (TOC)). Alternatively, the mill may use a measure related to spent pulping liquor
losses measured continuously and averaged over 24 hours (e.g., specific conductivity or color).
• Monitoring locations. The permittee must conduct monitoring at the point influent enters the
wastewater treatment system. For the purposes of this requirement, the permittee may select
alternate monitoring point(s)in order to isolate possible sources of spent pulping liquor, soap, or
turpentine from other possible sources of organic wastewaters that are tributary to the wastewater
treatment facilities (e.g.,bleach plants, paper machines and secondary fiber operations).
3. By the permit effective date,the permittee must complete an initial six-month monitoring program
using the procedures specified in Section D and must establish initial action levels based on the
results of that program. A wastewater treatment influent action level is a statistically determined
pollutant loading determined by a statistical analysis of six months of daily measurements. The action
levels must consist of a lower action level,which if exceeded will trigger the investigation
requirements described in Section E, and an upper action level, which if exceeded will trigger the
corrective action requirements described in Section E.
4. By January 15, 2002,the permittee must complete a second six-month monitoring program using the
procedures specified in Section D and must establish revised action levels based on the results of that
program. The initial action levels shall remain in effect until replaced by revised action levels.
5. Action levels developed under this Section must be revised using six months of monitoring data after
any change in mill design,construction,operation, or maintenance that materially affects the potential
for leaks or spills of spent pulping liquor, soap, or turpentine from the immediate process areas.
Section E. BMP Monitoring, Corrective Action, and Reporting Requirements
1. The permittee must conduct daily monitoring of the influent to the wastewater treatment system in
accordance with the procedures described in Section D for the purpose of detecting leaks and spills,
tracking the effectiveness of the BMPs,and detecting trends in spent pulping liquor losses.
Permit Number: NC0000272
2. Whenever monitoring results exceed the lower action level for the period of time specified in the
BMP Plan, the permittee must conduct an investigation to determine the cause of such exceedance.
Whenever monitoring results exceed the upper action level for the period of time specified in the
BMP Plan, the permittee must complete corrective action to bring the wastewater treatment system
influent mass loading below the lower action level as soon as practicable.
3. Although,exceedances of the action levels will not constitute violations of an NPDES permit, failure
to take the actions required by Section E.2 as soon as practicable will be a permit violation.
4. The permittee must report to the Division the results of the daily monitoring conducted pursuant to
Section E.1. Such reports must include a summary of the monitoring results,the number and dates of
exceedances of the applicable action levels, and brief descriptions of any corrective actions taken to
respond to such exceedances. Submission of such reports shall be annually, by March 31"of the
following year.
Section F. BMP Compliance Deadlines
1. The permittee is subject to the following BMP deadlines:
■ Prepare BMP Plans and certify to the Division that the BMP Plan has been prepared in
accordance with this regulation not later than the permit effective date.
• Implement all BMPs specified in Section A that do not require the construction of containment or
diversion structures or the installation of monitoring and alarm systems not later than the permit
effective date.
• Establish initial action levels required by Section D not later than the permit effective date.
• -Commence operation of any new or upgraded continuous, automatic monitoring systems that the
mill determines to be necessary under Section A(other than those associated with construction of
containment or diversion structures)not later than the permit effective date.
• Complete construction and commence operation of any spent pulping liquor, collection,
containment, diversion, or other facilities,including any associated continuous monitoring
ti systems,necessary to fully implement BMPs specified in Section A not later than the permit
effective date.
■ Establish revised action levels required by Section D as soon as possible after fully implementing
the BMPs specified in Section A,but not later than January 15,2002.
Submit Annual Reports required by Section E.4 to the Division by March 31"of the following
year.
Sectiori G. BMP Definitions
1. Action Level: A daily pollutant loading that when exceeded triggers investigative or corrective action.
Mills determine action levels by a statistical analysis of six months of daily measurements collected at
the mill.For example, the lower action level may be the 75th percentile of the running seven-day -
averages (that value exceeded by 25 percent of the running seven-day averages) and the upper action
level may be the 90th percentile of the running seven-day averages (that value exceeded by 10
percent of the running seven-day averages).
2. Division: North Carolina DENR,Division of Water Quality, 1617 Mail Service Center,Raleigh,
North Carolina 27699-1617.
3. Equipment Items in Spent Pulping Liquor, Soap, and Turpentine Service: Any process vessel, storage
tank, pumping system, evaporator, heat exchanger, recovery furnace or boiler,pipeline,valve, fitting,
or other device that contains, processes, transports, or comes into contact with spent pulping liquor,
soap, or turpentine. Sometimes referred to as "equipment items."
4. Immediate Process Area: The location at the mill where pulping, screening,knotting,pulp washing,
pulping liquor concentration,pulping liquor processing, and chemical recovery facilities are located,
generally the battery limits of the aforementioned processes. "Immediate process area"includes spent
Permit Number: NC0000272
pulping liquor storage and spill control tanks located at the mill, whether or not they are located in the
immediate process area.
5. Intentional Diversion: The planned removal of spent pulping liquor, soap, or turpentine from
equipment items in spent pulping liquor, soap, or turpentine service by the mill for any purpose
including,but not limited to, maintenance,grade changes, or process shutdowns.
6. Mill: The owner or operator of a direct or indirect discharging pulp,paper, or paperboard
manufacturing facility subject to this section.
7. Senior Technical Manager: The person designated by the mill manager to review the BMP Plan. The
senior technical manager shall be the chief engineer at the mill, the manager of pulping and chemical
recovery operations, or other such responsible person designated by the mill manager who has
knowledge of and responsibility for pulping and chemical recovery operations.
8. Soap: The product of reaction between the alkali in kraft pulping liquor and fatty acid portions of the
wood, which precipitate out when water is evaporated from the spent pulping liquor.
9. Spent Pulping Liquor: For kraft and soda mills"spent pulping liquor'means black liquor that is used,
generated, stored, or processed at any point in the pulping and chemical recovery processes.
10. Turpentine: A mixture of terpenes, principally pinene, obtained by the steam distillation of pine gum
recovered from the condensation of digester relief gases from the cooking of softwoods by the kraft
pulping process. Sometimes referred to as sulfate turpentine.
Permit Number: NC0000272
A. (7.) EFFLUENT GUIDELINE SAMPLING PLAN SPECIAL CONDITION
The bleach plant effluent samples (Outfalls 002 and 003) shall be analyzed for 2,3,7,8-TCDD in
accordance with EPA Method 1613. A single sample,from each of the bleach plant effluents, may be
analyzed to determine compliance with the daily maximum effluent limitation.
The bleach plant effluent samples (Outfall 002 and 003)shall be analyzed for the 12 clilorinated phenolic
compounds in accordance with EPA Method 1653. A single sample, from each of the bleach plant
effluents,may be analyzed to determine compliance with the daily maximum effluent limitation. The
Minimum Levels for each of the 12 chlorinated compounds are the same as the Daily Maximum
concentrations listed on the effluent pages for the respective outfall(s).
The final wastewater treatment plant effluent sample (Outfall 001)shall be analyzed for AOX in
accordance with EPA Method 1650, or subsequent test methods approved by the Division.
The permittee may request future monitoring modifications to the Effluent Guideline requirements,
including 1) use of ECF certification in lieu of monitoring for chloroform in the bleach plant effluents
(Outfall(s)002 and 003) when this rule is promulgated by EPA; 2)demonstrating compliance using
samples collected less frequently than every four hours; 3) using automated composite volatile samplers
for chloroform sampling; and 4)using automated composite samplers for chlorophenolic,2,3,7,8 TCDD
and 2,3,7,8 TCDF sampling. Such future requests will be evaluated in accordance with 15A NCAC
2H.0114.
The flow calculations for internal Outfall(s) 002 and 003 shall not be subject to accuracy requirements
specified under Part 11,Section D.3. This exclusion is similar to that provided for pump log flow
calculations.
Chemical data for Effluent Guideline parameters (Outfall(s)002 and 003 parameters +AOX from Outfall
001) shall be submitted to the Division on a quarterly basis or more frequently (January-March,April-
June,July-September, October-December). Quarterly submissions shall be due 60 days following the
last day of each quarter(Due dates=May 31,August 31,November 30,and February 28). Chemical data
shall be submitted on Division-approved DMR forms, with a separate form provided for each month.
Permit Number: NC0000272
A. (8.) REQUIREMENTS FOR COLOR ANALYSIS AND COMPLIANCE SPECIAL CONDITION
1. The color reduction requirements contained in this special condition have been derived directly
from the mill's efforts to identify possible reduction measures and from the EPA Technology
Review Workgroup (TRW report dated August 3, 2001) and the EPA Tech Team Report(dated
July 25, 2001). These requirements are aimed at securing the highest feasible reduction of the
mill's effluent color over the permit cycle and for laying the foundation for removal of the color
variance by the expiration date of this permit.
The EPA Tech Team Report identified three levels of possible color reduction actions (identified
in the report as Highest Certainty,Reasonable Certainty and Lowest Certainty). Each of these
tiers of reductions have identified specific actions or technologies that when implemented may
result in additional color reductions in the mill's effluent. For example,the color reduction goals
of the condition in Paragraph 6 of this special condition is premised on the implementation of all
the actions of'Highest Certainty.'
Paragraph 7 of this special condition requires the company to evaluate actions of'Reasonable
Certainty'. Identified under'Reasonable Certainty'are the technologies of Ozone/Chlorine
Dioxide stage for the hardwood bleach line and second stage oxygen delignification for the pine
line. This condition requires the permittee to examine the technical,economic and operational
feasibility of implementing these technologies. The review of this required evaluation (Paragraph
7) will be supported by the EPA TRW. Regardless of the outcome of this feasibility analysis,the
permittee is required to achieve 3,000-8,000 pounds per day additional color reduction,except to
the extent allowed by Paragraph 6. This is considered the equivalent reduction of what would be
expected from the installation of the two technologies identified by the EPA TRW process.
Color Treatment of the Chloride Removal Process Purge Stream is the color reduction
methodology with the'Lowest Certainty'. Therefore,this condition requires the permittee to
evaluate potential technologies for treatment of this wastestream and to implement those if shown
technologically, economically and operationally feasible.
Built into this special condition is a series of regulatory requirements that the permittee achieve
reductions of the mill's effluent color consistent with each series of reduction actions. This means
that following implementation of the'Highest Certainty'actions the mill's annual color limit must
be reduced by 6,000-8,000 pounds per day, except to the extent allowed by Paragraph 6. If the
implementation of all the actions identified under'Highest.Certainty' actually result in better long
term effluent quality,this in no way reduces the permittee's responsibility to achieve the color
reductions measured by those actions identified as having Reasonable Certainty'of success and
determined to be technically, economically and operationally feasible under paragraph 7.
The mechanism for applying the overall success of the mill's efforts to reduce color is
demonstrated by the actual color performance. This performance will be the basis for limitations
established following implementation of the Reasonable Certainty'category actions and the
process of developing the mill's limitations for the next permit renewal. Again, it is the goal of
this special condition to achieve the color reductions identified by the EPA TRW and lay the
foundation for removal of the color variance by the expiration date of this permit.
2. The average annual discharge of true color for each calendar month shall not exceed 48,000
pounds per day. The monthly average effluent true color loading shall not exceed 55,000 pounds
per day. For the purpose of this permit/variance only, "pounds of true color" is calculated by the
following equation:
Permit Number: NC0000272
Effluent Flow (tagd) x Effluent True Color Level_(Platinum Cobalt Units) x 8.34.
3. All samples collected for color analysis and for use in the above calculation shall be measured
and reported using the procedure referenced in 39 FR 430.11 (b) (May 29, 1974) -true and
apparent color or as amended by the EPA.
4. Blue Ridge Paper, in accordance with activities underway at the mill and in response to the work
of the EPA Technology Review Workgroup (EPA TRW),has already begun the process of
identifying and implementing technically,economically and operationally feasible process
optimization measures, which can be taken to further reduce color discharges from the mill. The
permittee is directed to continue evaluating mill operations with the goal of fully identifying
opportunities for preventing and controlling measurable black liquor leaks and spills (Best
Management Practices -BMPs). Such BMPs include but are not limited to:
➢ Continuous improvement of operating practices so more leaks and spills are recovered rather
,than discharged to sewer;
➢ Improvement in preparation for planned outages to maximize capture of tank clean-out waste
and routing to recovery;
➢ Reduction of clean water that continuously runs into sewers to prevent dilution of smaller
spills and facilitate recovery of highly colored wastewaters; and
➢ Improvement in the equipment used for handling of knot rejects to prevent black liquor leaks
into the recovery sumps.
5. As indicated in Paragraph 4,the permittee has already begun the process of implementing the
specific actions and technologies identified by the EPA Tech Team as having the 'Highest
Certainty'. The permittee is directed to implement all the specific actions and technologies the
EPA Tech Team Report identified as having the'Highest Certainty'. The specific action items
identified as having the 'Highest Certainty'include: Process Optimization,Improved black liquor
leak&spill collection and control, and BFR reliability improvement. These'Highest Certainty'
action items and technologies shall be implemented in sufficient time to generate a sufficient
database of representative mill effluent data for statistical analysis by October 1, 2003.
By October 1, 2003,the permittee shall submit to the North Carolina Division of Water Quality a
report including a statistical analysis of the permittee's monthly average color discharge, mill
performance as related to color, all available data necessary to derive the lowest achievable
annual average and monthly average color loading limits. By November 1, 2003, the Division of
Water Quality (in consultation with the Technology Review Workgroup) shall recommend,
considering the statistical analysis report submitted by the permittee and the demonstrated
performance of the mill, the lowest achievable annual average and monthly average color loading
effluent limitations. If the limits determined to be achievable are within or below the target range
of 40,000-42,000 pounds per day as an annual average,the limits shall become effective on
December 1,2003,by written notification from the Director. If the limits determined to be
achievable by the Division of Water Quality (in consultation with the Technology Review
Workgroup) are above the target range, the Permit shall be modified in accordance with North
Carolina's permitting process to reflect those limits.
Permit Number: NC0000272
6. Implementation of the'Highest Certainty'action items or technologies shall reduce the annual
average color discharge limit 6,000-8,000 lbs/day,based on the statistical analysis conducted
according to Paragraph 5. Beginning December 1, 2003, upon written notification from the
Division of Water Quality the annual average discharge of true color shall not exceed 40,000-
42,000 pounds per day.
However, if by November 1, 2003, the Division of Water Quality (DWQ), in consultation with
the Technology Review Workgroupt, and the NPDES Committee agree that there are
overwhelming technical,economic,or operational barriers to the Permittee's ability to attain a
40,000 -42,000 lbs/day annual color loading limit,DWQ shall recommend to the NPDES
Committee, alternate interim limits to become effective December 1,2003. At that time,DWQ
shall recommend a new effective date for achieving an'annual average color loading limit of
40,000-42,000 pounds per day. These recommendations shall be based on what DWQ
concludes Blue Ridge Paper can reasonably achieve, giving consideration to the actual
demonstrated color levels discharged and the 'Highest Certainty' action items and technologies
implemented pursuant to Paragraphs 4 and S. Based on DWQ's recommendations, the NPDES
Committee will determine an alternate interim limit to become effective on December 1,2003,
and the new effective date for achieving an annual average color loading limit of 40,000-42,000
pounds per day. After the NPDES Committee's final decision, the NPDES Permit will be
modified in accordance with North Carolina's permitting process.
7. The permittee shall submit to the Division of Water Quality, the Technology Review Workgroup
and the NPDES Committee by December 1, 2003, a report on the feasibility of achieving a target
annual average color reduction within the range of 3,000 and 8,000 pounds per day,from the
reduction achieved by implementation of the'Highest Certainty' actions. This report shall include
an evaluation of the use of the'Reasonable Certainty'actions identified in the EPA Tech Team
Report and any other actions that would result in additional color reductions, actions taken by the
permittee to reduce color loading (since permit issuance), and the technical, economic, and
operational feasibility of implementing the'Reasonable Certainty'actions on a continuous or
intermittent basis, in order to achieve a target annual average color reduction within the range of
3,000 and 8,000 pounds per day.As identified in the EPA Tech Team Report,the'Reasonable
Certainty' actions are the technologies of Ozone/Chlorine Dioxide stage for the hardwood bleach
line and second stage oxygen delignification for the pine line. The report shall identify specific
economic and implementation issues associated with the proposed improvements.The report
shall also project expected additional color reduction for each technology evaluated and
maximum color reduction possible using the identified technologies. The report shall also include
a proposed schedule for implementation of process improvements or installation of technologies
required to achieve an additional an effluent color reduction of 3,000-8,000 pounds per day.The
permittee shall provide this evaluation/report, together with an updated report on the results of
ongoing and additional planned color reduction activities, to the Division of Water Quality,the
Technology Review Workgroup and the NPDES Committee. By February 1, 2004, DWQ(in
consultation with the Technology Review Workgroup) shall approve or modify the permittee's
recommended plan for achieving an additional 3,000 - 8,000 pounds per day reduction to the
target annual average.
' The Technology Review Workgroup shall act in an advisory role to the North Carolina Division of Water
Quality,and NC DWQ Shall consult with the Technology Review Workgroup prior to making any decisions
regarding color reduction activities at the Canton Mill.
Permit Number: NC0000272
8. By December 1, 2005, the permittee shall submit, as related to the implementation of the process
improvements evaluated according to Paragraph 7, a statistical analysis of Blue Ridge Paper's
effluent quality performance. This report shall include a statistical analysis of the Blue Ridge
Paper's monthly average and annual average color discharge,mill performance as related to color,
and all available data necessary to derive the lowest achievable annual average and monthly
average color loading limits.
By February 1,2006,the Division of Water Quality (in consultation with the Technology Review
Workgroup) shall recommend to the NPDES Committee, considering the statistical analysis
report submitted by the permittee and the demonstrated performance of the mill,the lowest
achievable annual average and monthly average color loading effluent limitations. If the limits
determined to be achievable are within or below the target range of 32,000-39,000 pounds per
day as an annual average, the limits shall become effective on March 1, 2006, by written
notification from the Director. If the limits determined to be achievable by the Division of Water
Quality (in consultation with the Technology Review Workgroup) are above the target range, the
Permit shall be modified in accordance with North Carolina's permitting process to reflect those
limits.
9. By December 1, 2004, the permittee shall evaluate color reduction technologies associated with
the Chloride Removal Process (CRP)wastestream. The CRP analysis shall concentrate on the
technical, economic, and operational feasibility of implementing the applicable technologies on
all or a portion of the purge stream.The report shall identify specific economic and
implementation issues associated with the improvements.The report shall also project expected
additional color reduction for each technology evaluated and maximum color reduction possible
using the identified technologies. Though not limited to the following, the report shall include an
analysis of the land application of the high chloride wastewater, commercial incineration,
coagulant/precipitation technologies, and solidification for land disposal. The Division of Water
Quality(in consultation with the Technology Review Workgroup) shall evaluate the feasibility of
implementing identified technologies for further color reduction and shall submit to the NPDES
Committee by February 1, 2005,DWQ's recommendations regarding color reductions associated
with the treatment of the CRP wastestream.
If during the course of this evaluation Blue Ridge Paper identifies a technical, economic, and
operationally feasible color reduction technology that can be implemented for treatment of the
CRP wastestream,the permittee may request that the Technology Review Workgroup review this
technology for implementation at the Canton mill. If the Technology Review Workgroup concurs
that the identified technology is suitable for the Canton mill and that the color reductions
achievable are adequate,the mill's obligation to research additional technologies will be waived
after formal notification from Blue Ridge Paper that the identified technology will be installed
and placed into operation. This notification shall include language indicating the permittee's
commitment to the implementation of the technology, along with a schedule for implementation.
The Division of Water Quality will notify the permittee in writing that the proposed
implementation schedule is acceptable.
10. By March 1, 2006,the permittee shall submit a report to Division of Water Quality, the
Technology Review Workgroup and the NPDES Committee on the color reduction efforts as part
of the Variance review process (Triennial Review of North Carolina's Water Quality Standards).
This report shall also include an evaluation of color in the Pigeon River at the Fiberville Bridge,
and an evaluation on the feasibility of complying with North Carolina's Color Standard.
Permit Number: NC0000272
11. The 1997 Settlement Agreement contained provisions to limit color in the Pigeon River at the
Hepco USGS gauge station. The new effluent limits in this permit are more stringent than the
provisions in the 1997 Permit and Color Variance and will result in reduced color levels in the
Pigeon River. It is possible to calculate the monthly flow at the Canton gage station above which
instream color at the Fiberville Bridge will not exceed 50 true color units. Using the 55,000
pounds per day monthly average true color loading limit(implemented on the effective date of
the permit) the flow at the Canton Gage station, which will provide for color less than 50 true
color units at the Fiberville Bridge is 171.8 MGD. Therefore, the monthly average color in the
Pigeon River at the Fiberville Bridge will be less than 50 true color units whenever the monthly
average flow (at the Canton gage station)is greater than 17 1.8 MGD.
12. The governing flow criterion for true color at Canton is 58.1 MGD (30Q2 stream flow). The flow
established,pursuant to Paragraph 11, is greater than this 30Q2 stream flow, therefore,for flows
less than the 171.8 MGD at the Canton Gage station but greater than 193.3 MGD (30Q2 flow) at
the Hepco gage station, the monthly average color in the Pigeon River at Hepco will be less than
50 true color units.
13. Beginning December 1,2003, the monthly average color in the Pigeon River at the Fiberville
Bridge will be less than 50 true color units whenever the flow at Canton is greater than the flow
established using the following equation and based on the monthly average effluent limit
established per Paragraph 5:
Flow_at—Canton—USGS(MGD)—(Monthly Avempe Effluent Color LimiWb/day-12468.3)+31.6+2.4
308.58
For flows at the Canton Gage station less than the flow established here but greater than 193.3
MGD at the Hepco gage station,the monthly average color in the Pigeon River at Hepco will be
less than 50 true color units.
14. Beginning March 1, 2006,the monthly average color in the Pigeon River at the Fiberville Bridge
will be less than 50 true color units whenever the flow at Canton is greater than the flow
established using the following equation and based on the monthly average effluent limit
established per Paragraph 8:
Flow—at—Canton—USGS(MGD)—`M" thly My.a Effluent Color U,, t lb/dw-12468.31+31.6+2.4
308.58
For flows at the Canton Gage station less than the flow established here but greater than 193.3
MGD at the Hepco gage station,the monthly average color in the Pigeon River at Hepco will be
less than 50 true color units.
15. The potential exists that there could still be periods of time corresponding to periods of lower
flow in the river, when color at Fiberville might exceed 50 true color units. Therefore,the
permittee shall continue to implement the approved Low Flow Contingency Plan for mitigating
the occurrence and degree of this potential exceedence.
16. The permittee shall not increase the mill's pulp production capacity during the term of this permit,
unless the permittee can demonstrate that the increased production can be achieved while
reducing color loading. In addition,increasing the mill's pulp production capacity may require
permit revision in accordance with North Carolina's NPDES Permitting rules.
Permit Number: NC0000272
17. The NPDES Permit shall be subject to reopening in order to modify the color requirements based
upon the following and in association with the required triennial reviews:
➢ Any breakthrough in color removal technologies. Such breakthroughs shall be brought to the
NPDES Committee for consideration,by Blue Ridge Paper and the Division of Water
Quality, as soon as they are discovered.
➢ An acceptable statistical analysis of effluent color discharge data demonstrating significantly
better color removal performance than that currently prescribed in the variance and permit,
except as noted herein.
➢ Successful application of end-of-pipe color reduction technology or in-mill color
minimization effort that results in significant and measurable reduced mass color discharge.
18. The transfer of this NPDES permit will not proceed until any successor-in-interest to the current
permittee has agreed to accept the provisions of this permit and request and received from the
NPDES Committee a transfer of 2001 Revised Color Variance.
Permit Number: NC0000272
A. (9.) DIOXIN MONITORING SPECIAL CONDITION
The permittee shall perform the analyses for dioxin and dibenzofuran as outlined below:
SamnhnePomt7,
Monitori,
iiir`ements ,
v
Measurement Sample7yp6
a �. s r • fre Oency t" ,
Influent to Wastewater Quarterly Composite
Treatment Plant]
Effluent Quarterly Composite
Sludge Annual Composite
Landfill Leachate Annual Composite
1. The samples shall be analyzed for 2,3,7,8=TCDD and 2,3,7,8 TCDF in accordance with EPA Method
1613. A single sample may be analyzed. Alternatively, the sample volumes may be collected to
enable the sample to be split(duplicate analysis). The Minimum Level in the effluent for 2,3,7,8-
TCDD and 2,3,7,8 TCDF by EPA Method 1613 is 10 pg/l.
2. The samples shall be analyzed for the full range of dioxin and furan isomers as identified in the list
below and shall be in accordance with EPA Method 1613. A single sample may be analyzed.
Alternatively, the sample volumes may be collected to enable the sample to be split(duplicate
analysis). The minimum level using these methods for the purpose of compliance evaluation is
considered to be 10 picograms per liter
DIOXIN DIBENZOFURAN
Isomer Isomer
2,3,7,8 TCDD 2,3,7,8 TCDF
1,2,3,7,8 PeCDD 1,2,3,7,8 PeCDF
2,3,4,7,8 PeCDF
1,2,3,4,7,8 HxCDD 1,2,3,4,7,8 HxCDF
1,2,3,7,8,9 HxCDD 1,2,3,7,8,9 HxCDF
1,2,3,6,7,8 HxCDF
1,2,3,6,7,8 HxCDD 2,3,4,6,7,8 HxCDF
1,2,3,4,6,7,8 HpCDD 1,2,3,4,6,7,8 HpCDF
1,2,3,4,7,8,9 HpCDF
If dioxins or dibenzofurans are detected in the effluent above the minimum level, the permittee
shall initiate more frequent monitoring of sludge and landfill leachate. The dioxin and
dibenzofuran monitoring as stipulated in this condition shall continue until such time that the fish
consumption advisory is completely lifted in North Carolina, or if after sufficient data has been
generated, statistical analysis indicates that the bleach plant effluent does not contain reasonable
potential to exceed the permitted limits.
Additional Requirements
Fish tissue analysis shall be performed in accordance with the Division of Water Quality approved
monitoring plan,which will be reviewed as necessary. The monitoring plan is an enforceable part of this
permit. All dioxin data collected as part of this monitoring requirement will be reported as required in the
plan, no later than.j&days after sampling.
Permit Number: NC0000272
A. (10.) DISSOLVED OXYGEN SPECIAL CONDITION
The permittee shall maintain an average daily dissolved oxygen concentration of not less than 5.0 mg/1
with a minimum instantaneous value of not less than 4.0 mg/1 at River Miles 62.9 (DN1) and 57.7 (DN2).
The permittee shall 'operate oxygen injection facilities at the outfall structure, at 0.9 miles downstream of
the discharge, and at 2.1 miles downstream of the discharge, as necessary, to comply with this
requirement. These facilities shall be operated in a manner which will maintain the water quality standard
for dissolved oxygen in the Pigeon River downstream of the discharge. Blue Ridge Paper shall report the
date and duration of oxygen injection use as a supplement to the monthly Discharge Monitoring Report
(DMR) forms. If the dissolved oxygen drops below 5.0 mg/L at station DN2 then monitoring shall be
required at stations DN3 and DN4.
A. (11.) TOWN OF CANTON INFLOW AND INFILTRATION SPECIAL CONDITION
The permittee shall make continued efforts to promote reduction of inflow/infiltration to the Town of
Canton's wastewater collection system.
A. (12.) WATERVILLE RESERVOIR SAMPLING SPECIAL CONDITION
Sampling for Waterville Reservoir shall be conducted once annually during 2002 and 2004. Sampling
shall be performed during a low flow period to correspond with the fish tissue study(see A. (9.)Dioxin
Monitoring Special Condition).
Sampling shall be performed at Waterville Reservoir prior to Laurel Branch,Waterville Reservoir near
Wilkins Creek and Waterville Reservoir near the dam. Each location shall be sampled for the following
parameters:
4�i ' ry S"METERSln{pJ ;
Temperature
Dissolved Oxygen
Conductivity
H
Total Nitrogen
Nitrite+Nitrate
Ammonia
TKN
PO4 .
Total Phosphorus
Chloro h ll-a
Secchi Depth
All samples shall be collected at 0.1 meters beneath the surface of the water in the lake.
A. (13.) TEMPERATURE VARIANCE REVIEW SPECIAL CONDITION
During the next permit renewal,Blue Ridge Paper shall complete an analysis of temperature and shall
submit a balanced and indigenous species study,no later than May 1, 2006. As part of this analysis,Blue
Ridge Paper shall submit a complete temperature variance report documenting the need for a continued
temperature variance.
The study shall be performed in accordance with the Division of Water Quality approved plan. Request
for revisions to this plan shall be submitted for approval no later than March 1, 2005. The temperature
analysis and the balanced and indigenous study plan shall conform to the specifications outlined in 40
CPR 125 Subpart H and the EPA's Draft 316a Guidance Manual,dated 1977.
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:
Pemrittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing
facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance, the
permittee shall submit either a report of progress or, in the case of specific actions being required by
identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall
include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next
schedule requirements.
PART II
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 I of the permit.
Part II
Page 2 of 11
6.b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations
of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily
discharges are sampled and measured divided by the number of daily discharges sampled and/or measured
during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal
to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average weekly count for fecal
coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This
limitation is identified as "Weekly Average" under "Other Limits"in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If
only one sample is taken during any calendar day the concentration of pollutant calculated from it is the
"Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the
permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations
of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled
and measured divided by the number of daily discharges sampled and/or measured during such year
(arithmetic mean of the daily concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average yearly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as"Annual Average" under"Other Limits"in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved
oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one
dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average
concentration" for the discharge. It is identified as "daily average'in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is
identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods:January through March,April through
June,July through September,and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the
sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually
without interruption throughout the operating hours of the facility. Flow shall be monitored continually
except for the infrequent times when there may be no flow or for infrequent maintenance activities on the
flow device.
8. Types of Samples
a. Composite Sample:A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and
combined proportional to the rate of flow measured at the time of individual sample collection,or
Farr I1
Page 3 of 11
8.a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between
samples determined by a preset number of gallons passing the sampling point. Flow measurement
between sample intervals shall be determined by use of a flow recorder and totalizer, and the present
gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
(3) a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no greater than
once per hour, and the time interval between effluent grab samples shall be no greater than once per hour
except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases,
effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are
equal in number of hours to the detention time of the system in number of days. However, in no case
may the time interval between effluent grab samples be greater than six (6) hours nor the number of
samples less than four(4) during a 24-hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually. Grab samples must be representative of the discharge or the
receiving waters.
9. Calculation of Means
a Arithmetic Mean:. The arithmetic mean of any set of values is the summation of the individual values divided
by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual
values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog
of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric
mean,values of zero (0) shall be considered to be one p).
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-bour 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 Compel
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance,
or modification;or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
Part Il
Page 4 of 11
1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty
not to exceed$25,000 per day for each violation. Any person who negligently violates any permit condition
is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment for not more than
1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of
$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years,or both. Also,any person
who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per
violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.
1319 and 40 CFR 122.41 (a)]
c. Under state law,a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed
against any person who violates or fails to act in accordance with the terms,conditions,or requirements of a
permit. [Ref: North Carolina General Statutes§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318, or 405 of the Act, or any permit condition or.limitation implementing any of such
sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation,with the maximum amount,of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7),
nothing in this permit shall be construed to relieve the permittee from any responsibilities,liabilities, or penalties
for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal,State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Sever_ability
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 Il
Page 5 of 11
8. Duty o 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 Reapp
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
- permittee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization
to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are
required by the agency authorized-to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration,or any permittee that does not have
a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the
permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified.
a. All permit applications shall be signed as follows:
0) 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:
(I) 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 sighing 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 Il
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 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 govem discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the
Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in
responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the
grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the
Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type
and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .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
p) "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
(!) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II,
E. 6.of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee
for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance;and '
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects,if
` the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph
d. (1) of this section.
5. Upsets
a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by operational
error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,
or careless or improper operation.
b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit effluent limitations if the requirements of paragraph c. of this condition
are met. No determination made during administrative review of claims that noncompliance was caused by
upset,and before an action for noncompliance, is Final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through property 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.
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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 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:
NC DENR/Division of Water Quality/Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are
consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring
flows with a maximum deviation of less than 10% from the true discharge rates throughout the tinge 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 manufacturers pump curves shall not be
subject to this requirement. f
Part II
Page 9 of 11
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g),33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR
136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR
503, unless other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction,be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years,or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the peimittee 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 peimittee 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.
S. inspection and Enta
The peimittee 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.
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Page 10 of 11
SECTION E REPORTING REOUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a
facility is a new source in 40 CFR Part 122.29 (b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are subject neither to effluent limitations in the
permit,nor to notification requirements under 40 CFR Part 122.42 (a) (1).
_.._ c. The alteration or addition results in a significant change in the permitter'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 permitter shall give advance notice to the Director of any planned changes in the permitted facility or activity
which may result in.noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permittee and incorporate such other requirements as may be
necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this
permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
b. If the permitter 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 permitter 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 11
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 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
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";
(l) One hundred micrograms per liter 600 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 (I
mg/L) 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';
0) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter 0 mg/L) for antimony;
(3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally
sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with
the terms and conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit
a report.in such 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 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.