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NC0079774_Regional Office Historical File Pre 2018
Michael F. Easley, Governor ATA NCDENR .North Carolina Department of Environment and Natural Resources Division of Water Quality „,„ F,. Ross CERTIFIED MAIL ITEM 7002 0860 0006 5836 1752 — RETURN RECEIPT IJQUE TED 8 December 3, 2008 Mr. Ray C. Mozeley 218 Canterbury Place Mooresville, N.C. 28115 Dear Mr. Mozeley: i�tn1'd � II h. DWG -Surface Water Protection Subject: Termination of NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County The subject permit expired on November 30, 2008. You no longer have a permit to discharge wastewater. If in the future you wish to discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit could subject you to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincgrely, pot-, ., Coleen H. Sullins cc: Central Files,.._. Mooresvnlle;Regional Office / Mike`Parker NPDES Permit file Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Internet: www.ncwaterquality.org Phone: 919-807-6391 / FAX 919 807-6495 charles.weaver@ncmail.net NorthCarolina. Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NC0079774 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 compliancewith the provision of North Carolina General State 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Enviro 1 ental Management Commiss'on, and the Federal Water. Pollution Control Act, as amended, Davidson Do es Incorporated is hereby authorized to discharge wastewater from a facf1 located at to receiving waters desi ated as accordance with effluent 1'mitation III and IV hereof. Davidsoh4 off df southwest; Ired Downes Subdivision NCSR 1138, of Mooresville 11 County West Branch monitoring re This p it shall become effeckive May 1, 004. This permit a d authorization toklischarge sha Signed this day A ril 15, 2004 • ocky River in the Yadkin -Pee Dee River Basin in uirements, and other conditions set forth in Parts I, II, re at midnight on November 30, 2008. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Connnission AIM NCDENR North Carolina Department of Environment_ and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen.H. Sullins, Director Ray C. Mozeley Davidson Downes Subdivision 218 Canterbury. Place Mooresville, NC 28115 April 2, 2008 Subject: _Renewal Notice NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County Dear Permittee: Your NPDES permit expires on November 30, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations :statethat permit renewal applicationsmust be filed at least 180 days prior to expiration of the current .permit. If you have already mailed your renewal application, you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than June 3,2008..Failure to request renewal by this date may result in a civil .penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. . If any wastewater discharge will occur after November 30, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all _wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed. below: Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below.. cc: Central Files Mooresmii e Regional. Office Surface Water Protections NPDES File Sincerely, Charles H. Weaver, Jr. NPDES Unit APR 3 2008 NC DENR MRQ DWQ-Surface Water Protection 1617 Mail Service Center, Raleigh, North Carolina 27699-16.17 512 North Salisbury Street Raleigh, North Carolina 27604 Phone:.919 733-5083, extension 511 / FAX 919.733-0719 / charles.weaver@ncmail.net one NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NPDES PERMIT NC0079774 DAVIDSON DOWNES SUBDIVISION IREDELL. COUNTY The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. O The completed application form (copy attached), signed by the permittee . or an Authorized Representative: Submit one signed original and two copies. . O If an Authorized. Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see:Part II.B.11.b.of the existing NPDES'permit). . O A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed, If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit, one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see. Appendices A-D to Title. 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD mustsubmit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply 'to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc) Send the completed renewal package to:. Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC .27699-1617 OF W AT 9 �Qce Michael F. Easle , Governor William G. Rass, Jr..Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.E.. Director Division of Water Quality DIVISION OF WATER QUALITY April 19, 2004 r �r. R a. ,ze, Ag?v' 60 c2 c ' Davidson Downers Incorporated 218 Canterbury Place Mooresville, NC 28115 Subject: NPDES Permit No. NC0079774 Davidson Downers Subdivision Iredell County, NC Dear Mr. Mozeley: Our records indicate that NPDES Permit No. NC0079774 was issued on April 15, 2004 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4 . Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this.Qffice as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 Customer Service FAX (704) 663-6040 623-7748 NCDENR 1 800 The remaining parts of the .Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment -plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, tift CD. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:\NPDESLTR.WQ State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director April 15, 2004 Mr. Ra) C. Moweley j¢ 600dr. Davidson Downes Incorporated 218 Canterbury Place Mooresville. North Carolina 281 15 A:71:rfrAieS", NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: issuance of NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County Dear Mr. Mozeley: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9. 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on February 4. 2004. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you. you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition. conforming to Chapter 150B of the North Carolina General Statutes. and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh. North Carolina 27699-6714). Unless such demand is made. this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources. the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit. please contact Valery Stephens at telephone number (919) 733-5083. extension 520. Sincerely. Ala'� . A. �dnch n Klimek, P.E. cc: Central Files NPDES Unit ;N:foo ies IleRegio`nal Office, 1s 1 i?�WY ty .; 1 `� 7:NVIRONMENT AND N i is '.'':} :RESOURCES r °OORESV,t.:_ „;,.0,^?AL OFFICe VATER APR 1 9 2004 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Valery.Stephens@ ncmail.net NC0079774 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, Davidson Downes Incorporated is hereby authorized to discharge wastewater from a facility located at Davidson Downes Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch Rocky River in the Yadkin -Pee Dee 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 May 1, 2004. This permit and authorization to discharge shall expire at midnight on November 30, 2008. Signed this day April 15, 2004 Original Sig BY David A. Goodrich Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission NC0079774 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Davidson Downes, Inc. is hereby authorized to: 1. After receiving an Authorization to Construct permit from the Division of Water Quality. construct and operate a 0.06 MGD wastewater treatment facility located at Davidson Downes Subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County, and 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into West Branch Rocky River which is classified C waters in the Yadkin -Pee Dee River Basin. Latitude: Longitude: Quad #: Stream Class: Receiving Stream: Permitted Flow: Facility Information 35°31'08" 80°48'58" E 15 SE C West Branch Rocky River 0.06 MGD Sub -Basin: 03-07-11 Davidson Downes Inc. NC0079774 Davidson Downes Subdivision WWII) NC0079774 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 wastewater from outfall(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: 'Effluent Characteristics Flow • Monthly Aver.age 0.06 MGD DailyAMaximum Leasurement Frequency. Continuous Recording Sample Location 1... I or E BOD, 5-day, 20 °C (Summer)2 5.0 mg/L 7.5 mg/L Weekly Composite E BOD, 5-day. 20 °C (Winter)2 10.0 mg/L , 15.0 mg/L Weekly Composite Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite NHy-N (Summer)2 2.0 mg/L 10 mg/1 Weekly Composite NH3-N (Winter)2 4.0 mg/L 20 mg/1 Weekly Composite pH3 Weekly Grab Total Residual Chlorine 28 µg/L 2/Week Grab Temperature, °C Daily Grab Total Nitrogen (NO2+NOs+TKN) Quarterly Composite Total Phosphorus Quarterly Composite Dissolved Oxygen4 Weekly Grab Fecal Coliform5 200/100 ml 400/100 ml Weekly Grab Dissolved Oxygen Weekly Grab U, D Temperature, °C Weekly Grab U, D Footnotes: 1. Sample Location: E — Effluent, I — 2. Summer is defined as the period March 31. 3. The pH of the effluent shall not be 4. The daily average dissolved oxygen Influent, U — 100 feet upstream of the outfall, D — Downstream at NCSR 2420. from April 1 through October 31; and winter is defined as November 1 through less than 6.0 nor greater than 9.0 (on the standard units scale). effluent concentration shall not be less than 5.0 mg/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: MGD — Million gallons per day mg/L— Milligrams per liter ml — milliliter µg/L — Micrograms per liter NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totili7er, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2of16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four, during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3of16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each• day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in • this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 • of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (I) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The .written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause.The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1'et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less. than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: > Visit the facility at least weekly > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. • b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Perrnittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States: The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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 [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including > all calibration and maintenance records > all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit > copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements, of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a. violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or. additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under. the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported.under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required tb be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 • NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b)-of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: . 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). - 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any •subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403:5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for - the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain.appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR), The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 NPDES Permit Requirements Page 16 of 16 e.) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director February 4, 2004 Ms. Ann Goode Davidson Downes Incorporated 218 Canterbury Place Mooresville, North Carolina 28115 NORTH CAROLINA' DEPARTMENT Off` ENVIRONMENT AND NATURAL_ }Z0SOURC Subject: Draft NPDES Permit Permit NC0079774 Davidson Downes Subdivision Iredell County Dear Ms. Goode: Enclosed with this letteris a copy of the draft permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following changes to your current permit: > Daily maximum limits for ammonia have been added as required by EPA. Submit any comments to me no later than March 12, 2004. Comments should be sent to the address listed at the bottom of this page. If no adverse comments arereceived from the public or from you, this permit will likely be issued in March, with an effective date of May 1, 2004. If you have any questions or comments concerning this draft permit, please call me at (919) 733-5083, extension 520. Sincerely, Valery Stephens NPDES Unit cc: NPDES Unit r-Mooresville-Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Valery.Stephens@ ncmail.net NC0079774 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, Davidson Downes Incorporated is hereby authorized to discharge wastewater from a facility located at Davidson Downes Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch Rocky River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on November 30, 2008. Signed this day DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission NC0079774 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and is charge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Davidson Downes Inc. is hereby authorized to: 1. After receiving an Authorization to Construct permit from the Division of Water Quality, construct and operate a 0.06 MGD wastewater treatment facility located at Davidson Downes Subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County, and 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into West Branch Rocky River which is classified C waters in the Yadkin - Pee Dee River Basin. Latitude: - Longitude: Quad #: Stream Class: Receiving Stream: Permitted Flow: Facility Information 35°31'08" Sub -Basin: 03-07-11 80°48'58" E 15 SE C West Branch Rocky River 0.06 MGD Davidson Downes Inc, NC0079774 Davidson Downes Subdivision WWTP NC0079774 A. (1.) EFFLUENT LINIITATIONS 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 wastewater from outfall(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Flow BOD, 5-day, 20 °C (Summer)2 BOD, 5-day, 20 °C (Winter)2 0.06 MGD 5.0 mg/L 10.0 mg/L 7.5 mg/L 15.0 mg/L Continuous Weekly Weekly rutorih ; Reiiutretient Recording Composite Composite I or E E Total Suspended Residue NH3-N (Summer)2 NH3-N (Winter)2 pH3 30.0 mg/L 2.0 mg/L 4.0 mg/L 45.0 mg/L 10 mg/1 20 mg/1 Weekly Weekly Weekly Weekly Composite Composite Composite Grab Total Residual Chlorine 28 µg/L 2/Week Grab Temperature, °C Daily Grab Total Nitrogen (NO2+NO3+TKN) Quarterly Composite Total Phosphorus Dissolved Oxygen Fecal Coliform5 200/100 ml 400/100 ml Quarterly Weekly Weekly Composite Grab Grab Dissolved Oxygen Weekly Grab U, D Temperature, °C Weekly Grab U, D Footnotes: 1. Sample Location: E — Effluent, I — Influent, U — 100 feet upstream of the outfall, D — Downstream at NCSR 2420. 2. Summer is defined as the period from April 1 through October 31; and winter is defined as November 1 through March 31. 3. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units scale). 4. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: MGD — Million gallons per day mg/L — Milligrams per liter ml — milliliter µg/L — Micrograms per liter To: Permits and Engineering Unit Water Quality Section Attention: Valery Stephens SOC PRIORITY PROJECT: No Date: July 30, 2003 NPDES STAFF REPORT AND RECOMMENDATIONS County: Iredell NPDES Permit No.: NC0079774 MRO No.: 03-57 PART I - GENERAL INFORMATION 1. Facility and address: Davidson Downes Subdivision WWTP 218 Canterbury Street Mooresville, N.C. 28115 2. Date of investigation: N/A 3. Report prepared by: Samar Bou-Ghazale, Env. Eng. I 4. Person contacted and telephone number: Ann Goode, (704) 895-5561 S. Directions to site: From the jct ofHwy115 and SR 1138 (Presbyterian Church Rd..) just north of the Town of Davidson in Iredell County, travel east on SR 1138 approximately 1.0 mile. The entrance to Davidson Downes is on the right (south) side of SR 1138, 6, Discharge point(s), List for all discharge points; Latitude; 35° 31' 08" Longitude: 80° 48' 58" Attach a USGS map extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 15 SE 7. Site size and expansion area consistent with application: Yes. There is ample area available for the construction of the proposed WWTP. 8. Topography (relationship to flood plain included): Gently rolling, 3-5% slopes. The WWTP site is not located in a flood plain. 9. Location of nearest dwelling: Approx. 400+ feet from the WWTP site. Proposed lots are shown on a site plan within 200 feet of the WWTP site. Page Two 10. Receiving stream or affected surface waters: West Branch Rocky River a. Classification: C b. River Basin and Subbasin No.: Yadkin 030711 c. Describe receiving stream features and pertinent downstream uses: Excellent flow in the receiving stream (8-10 feet wide and 4-8 inches deep). The only other known discharger within a reasonable distance below this proposed facility is River Run Subdivision (NC0067920). PART II' - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: 0.060 MGD (Design Capacity) b, What is the current permitted capacity: 0.060 MGD c. Actual treatment capacity of current facility (current design capacity): N/A d. Date(s) and construction activities allowed by previous ATCs .issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: N/A f. Description of proposed WWT facilities: The proposed facilities will consist of flow equalization followed by aeration, clarification, and disinfection_ g. Possible toxic impacts to surface waters: Chlorine is proposed to be added to the waste stream. h. Pretreatment program (POTWs only): Not Needed, 2. Residual handling and utilization/disposal scheme: A residuals disposal plan has not been submitted. Approval of a residual disposal plan is necessary prior to the issuance of an ATC. 3, Treatment plant classification; Class II (based on proposed treatment units), 4. SIC Code(s): 4952 Wastewater Code(s): 05 5. MTU Code(s): 06100 (proposed) PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time. Page Three 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation a. Spray Irrigation: Insufficient area with restrictive topography. b. Connect to regional sewer system: There is no regional sewer system in the vacinity. c. Subsurface: An evaluation by the County Health Department found that the majority of the lots in this development have either poor soils or restrictive topography that precludes their use for ground absorption systems, PART IV - EVALUATION AND RECOMMENDATIONS The permittee has requested renewal of the subject Permit. Please note that the applicant Ms. Ann Goode is the daughter of Mr. Ray C. Mozely the original holder of the permit. Mr. Mozely passed away in early 2003. The renewal should reflect Ms. Ann Goode's name since she is the new applicant and the Secretary -Treasurer for Davidson Downes, Inc. Davidson Downes is an existing and growing development in southern Iredell County. Current residences are served by septic tanks, however, many lots are unsuitable for septic tanks due to poor soils. The proposed wastewater treatment plant has not been constructed as of this date. 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' •.; .:(.'.- \" 1,3,.f•-•• • :•----.") ,', .. ..- ...... — 700 .-- 13 1450000 FEET I • . 1.514 I Survey Photographs system j lines where tion is unchecked gs are shown 515 50' MN 3' 9N 53 MILS 007' 2 MILS Lam GRID AND 1969 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 516 (CORNELIUS) 4854 IV NE SCALE 1:24 000 0 • nearer' soo , • A f• 1 000 0 1 000 2000 3000 4000 5000 6000 5 0 CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 80225, OR REST1N, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE I State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Govemor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Ms. Ann Goode Davidson Downes 218 Canterbury Place Mooresville, North Carolina 28115 June 3, 2003 ATA NORTH '(':S4ROLINA DEPARTMENT OF 'ho ENVIRONMENT AND NATURAL RESOURCES , [ JUN 0 6 2003 Subject: NPDES Permit Renewal Application Permit NC0079774 Davidson Downes Subdivision Iredell County Dear Mr. Goode: The NPDES Unit received your permit renewal application on June 2, 2003. Thank you for submitting this package. The renewal request did not include a sludge management plan. Please submit 2 copies of your Application for this facility, and a sludge management plan. The permit renewal for this facility will be assigned to a staff member. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our -program. If this staff shortage delays reissuance of NC0079774 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted. staff. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 733-5083, extension 511. Sincerely, gip+ Valery Stephens Point Source Branch cM o-ooresville. Regional Office, Water Quality Section NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 VISIT US ON THE INTERNET @ httpJ/h2o.enr.state.nc.usINPDES Valery.Stephens@ncmail.net (fax) 919 733-0719 —'' LLVIalou OI water % uaary / ,Lir'Jr::i unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number (if known) NCOO aj al-1 Lf Plense print or type li mailing address of applicant/permittee: Facility Name Owner Name Street Address City State ZIP Code Telephone Number Fax Number e-mail Address Downes Daviciswn DownesSubdivis l5 t 4 CaMer burl( Q' mooreSv i l le NC ZS(15• (704) R5-55C 1 (may) Z 4,860,0 wd2 o nn ko-frna.11 . c_v•rn 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number r-1 /cA 3. Reason for application: Expansion/Modification * Existing Unpermitted Discharge Renewal K New Facility * Please provide a description of the expansion/modification: n0 mcxrlt f c - .was .nsc>�s Wised 4. Description of the existing treatment facilities (list all installed components with capacities):. n�0 rno(i i �1 nn ica—b cin.S , pose c6. Pa9 e 1 of 2 Version 6199 JUN - 2 2003 NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Number of Employees O Commercial Number of Employees Residential . ✓ Number of Homes d Tr School Number of Students/Staff Other Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. Number of separate wastewater discharge pipes (wastewater.outfalls): rinfe. 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for .each outfall: /a- 8. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): N /a I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, .complete, andaccurate. n m Geode Printed Name of Person Signing See-Trea.c-urn r Title Signature of Apph 00CIL —OS Date Signed North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or NCDENR :JAMES B.-HUNT.J R. GOVERNOR BILL HOLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 26, 2000 Mr. Ray Mozeley Davidson Downes Subdivision 218 Canterbury Street Mooresville, North Carolina 281-5--- Subject: NPDES Permit No. NC0079774 Davidson Downes Subdivision Iredell County, NC Dear Mr. Mozeley: Our records indicate that NPDES Permit No. NC0079774 was issued on April 10, 2000 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5 . Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge•(or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewate 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY. / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1O% POST -CONSUMER PAPER Mr. Mozeley April 26, .2000 Page No. 2 facilities. 'Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or .discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to ..comply with the terms and conditions of an NPDES Permit subjectsthe Permittee to enforcement action pursuant to Section 143-215:6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed forsuch violations. If you find at any time that you are unable to comply with theterms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while .pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should.request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit toanother. party, if necessary. As mentioned previously, the purpose ofthis letter is to advise you of the importance of your NPDES Permit. Please read the Permit: and contact this -Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, AtavaaM F,t.I i I D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A. DAvIDsuB.LTxDRG/de State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director April 10, 2000, Mr. Ray Mozeley Davidson Downes Subdivision 218 Canterbury Street Mooresville, North Carolina 28115 AVA NCDE R 1WEIONVICZN'T, I+YfirA1L.7Pk: ® NATURAL RICSOURIM Subject: NPDES Permit Issuance Permit No. NC0079774 Davidson Downes Subdivision Iredell County Dear Mr. Mozeley: APR 26 2000 natill 9F lE AL LIAaASM Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. Thank you, for your prompt attention and help in addressing the Division's concerns regarding the NPDES permit. The Division sincerely hopes that you will continue your efforts to connect to a regional sewer system. If you have any questions or if the Division can be of assistance to you, please do not hesitate to contact us. . 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 this permit, please contact Michael Myers at telephone number (919) 733-5083, extension 508. Sincerely, Original Signed By David A. Goodrich Kerr T. Stevens cc: Central Files I T.E.esv""tll4 e`Reglo iaf Office/Water" Quality Section NPDES Unit Point Source Compliance Enforcement Unit 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/ 10% POST -CONSUMER PAPER VISIT US ON THE INTERNET @ http://h20.enr.state.nc.us/NPDES Permit: NC0079774 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, Davidson Downes Inc. is hereby authorized to discharge wastewater from a facility located at Davidson Downes Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch Rocky River in the Yadkin -Pee Dee 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 May 1, 2000. This permit and authorization to discharge shall expire at midnight on November 30, 2003. Signed this day April 10, 2000. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit: NC0079774 SUPPLEMENT TO PERMIT COVER SHEET Davidson Downes Inc. is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.06 MGD wastewater treatment facility located at Davidson Downes subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County, and 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into West Branch Rocky River which is classified C waters in the Yadkin -Pee Dee River Basin. t•• ••---'54%1? ••• \I• "•••••.. )rfC-••-••{. ., , • , • ' • ._-- , IF' • ) • . 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"i'jr,i;,,,:.".:(,.//1/ ///1/1://r\--J.,1_,1/1,1 ''' x..-:-.J-- i?''/:j'2 • \-...., --.. I: i i ..., i , , , . // " , v..., ,, .:.• , (.._.- ,._--!,c,t. ..'' -71'1 r / • ' •-kr_____./ / i • - -,,,,.../ c .//, . f '..-j 1 i ''') r ' / Y. \.\\:'/..2 _ _Hr 1--,'.• j i Li1/"._.:--/, 1 ;.----7--.' (.) , 9 ' ".e?•-S .-/i0,111! r P•••••-1,\,::-,-_•\''i 24,1 " „.,—. • ' I • i';;;„ • • I". A \ ) Facility Information 35°31' 08" Sub -Basin: 80°48'58" E 15 SE West Branch Rocky River 0.06 MGD 03-07-11 Facility Location Davidson Downes Inc. NC0079774 Davidson Downes Subdivision WWTP Permit: NC0079774 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 wastewater from outfall(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Locationl Flow 0.06 MGD Continuous Recording I or E BOD, 5-day, 20 °C (Summer)2 5.0 mg/L 7.5 mg/L Weekly Composite E BOD, 5-day, 20 °C (Winter)2 10.0 mg/L 15.0 mg/L Weekly Composite E Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite E NH3-N (Summer)2 2.0 mg/L Weekly Composite E NH3-N (Winter)2 4.0 mg/L Weekly Composite E pH3 Weekly Grab E Total Residual Chlorine 28 µg/L 2/Week Grab E Temperature, °C _ Daily Grab E Total Nitrogen (NO2+NO3+TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Dissolved 0xygen4 Weekly Grab E Fecal Coliform3 200/100 ml 400/100 ml Weekly Grab E Dissolved Oxygen Weekly Grab U, D Fecal Coliform3 Weekly Grab U, D Temperature, °C Weekly - Grab U, D Footnotes: 1. Sample Location: E — Effluent, I — Influent, U — 100 feet upstream of the outfall, D — Downstream at NCSR 2420. 2. Summer is defined as the period from April 1 through October 31; and winter is defined as November 1 through March 31. 3. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units scale) . 4. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. 5. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II. Section A, Paragraph 9b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: MGD — Million gallons per day mg/L — Milligrams per liter ml — milliliter µg/L — Micrograms per liter PART I Section B. Schedule of Compliance I. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance. with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide . the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of .compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. . 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC 0 Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on, which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 1 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 takenduring any calendar day the weight of pollutant calculated from it is the "maximum daily discharge.". This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 g• 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and /or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal 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 isequal 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 1. 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. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. Art "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous: flow measurement" is a measure of discharge flow, from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples -a. Composite Sample: A composite sample shall consist of (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour -period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samplesmay be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must .be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II . Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance, designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,.any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part 11 Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and 'Tower Failures" (Part It, 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 theundertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminatingthis 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. Dutyto Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit; the permittee must apply for and obtain a new permit. Pan II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days 'prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to signdocuments 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 representativeonly if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Anyperson signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law; that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false . information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 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. IThe exclusive authority to operate this facility arises under this permit.. The authority to operate the facility under previously' issued permits bearing this, number is no longer effective..) The conditions, requirements, terms, and provisions•of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must alsoemploy a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified; the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. , Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity, in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means theknown 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 tobecome inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which -does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance, to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit: (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass' was unavoidable to, prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal 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. Part II Page 9 of 14 5. Upsets a. Definition. "Upset " . means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset .does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B., 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee Seeking to establish the occurrence of an upset has the burden of proof.' 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of altemate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which thesample 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 Monitoringresults 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 thecase 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: 3. Flow Measurements Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 • • • Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are •consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored, by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part 1I Page 11 of 14 reporting levels below permit discharge requirements, then .the most sensitive (method with the. lowest possible detection and reporting level) approved method must be used. 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 permittec's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the. presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is 'located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; • c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REOUIREMENTS l . Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a'facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify . the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The permittee shall give advance notice to the Director of anyplanned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Transfers. This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other ,requirements as may be necessary under the Clean Water Act. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit.. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging ,of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written, submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this conditionif the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliancenot reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall, contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification. The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the.occurrencebf any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the _facility; or any other unusual circumstances. b. . Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. Ir 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"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges • The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such 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. r AN. A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty). days after being billed by the Division..: Failure to pay the fee in a timely manner :in accordance with 15A NCAC 2H..0105(b)(4) may cause this Division to initiate action to revoke the permit. Permit No. NC0079774 STATE OF NORTH CAROLINA AILMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES MATT_ OF ENVIRONMENTAL MANAGEMENT f RONMENT, MAE NATURAL RESOU PERMIT ON J ASTEWATER UNDER THE pt. s r".01641_1114gEt'1PACiUDISCHARGE ELIMINATION SYSTEM On 9 1994 i 9f �€� E MAW In compliance with the pro •' ' �, E glina General Statute 143-215.1, other lawful standards and regu ations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Davidson Downs, Inc. is hereby authorized to discharge wastewater from a facility located at Davidson Downs Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch Rocky River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on September 30, 1999 Signed this day A. Preston Ho, axd, P.E., Director Division of Eiiviroiimental Management By Authority of the Environmental Management Commission Permit No. NC0079774 SUPPLEMENT TO PERMIT COVER SHEET Davidson Downs, Inc. is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into West Branch Rocky River, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.06 MGD wastewater treatment facility located at Davidson Downs. Subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into West Branch Rocky River which is classified class C waters in the Yadkin -Pee Dee River Basin. 0IS \\ "t '4 rN Z\ $ ' ti ‘‘•,t •-,---- • • i : ,4 •--,_ ., )/ •' 0 , le A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Discharge Limitations Monthly Avg. 0.06 MGD 5.0 mg/I 30.0 mg/I 2.0 mg/I 200.0 /100 ml Weekly Avg. Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type Location Continuous Recording I or E 7.5 mg/I Weekly Composite E 45.0 mg/1 Weekly Composite E Weekly Composite E Weekly Grab E, U, D 400.0 /100 ml Weekly Grab E,U,D 28.0 µg/I 2/Week Grab E Daily Grab E, U, D Quarterly Composite E Quarterly Composite E Weekly Grab U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above outfall, D - Downstream at NCSR 2420 • ** The daily average dissolved oxygen effluent concentration shall not be Jess than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Discharge Limitations Monthly Avg. Weekly Avg, Daily Max 0.06 MGD 10.0 mg/I 30.0 mg/I 4.0 mg/I 200.0 /100 ml 15.0 mg/I 45.0 mg/I 400.0 /100 ml 28.0 µg/I Monitoring Measurement Frequency Continuous Weekly Weekly Weekly Weekly Weekly 2/Week Daily Quarterly Quarterly Weekly Requirements Sample *Sample Type Location Recording I or E Composite E Composite E Composite E Grab E, U, D Grab E,U,D Grab E Grab E, U, D Composite E Composite E) Grab U, D *Sample locations: E - Effluent, I Influent, U - Upstream 100 feet above outfall, D - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. State of North Carolina 1.fel Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Ray C. Mozeley 267 Canterbury Street Mooresville, NC 28115 EEI-IN FF September 29, 1994 N.C. DEPT. OF ENVIRONMENT, HEALTH, & NATURAL RESOURCES OCT 3 1994 DIVISION OF ENVIRONMENTAL MANAGEMEI>!I' MOORESVILLE REGIONAL OFFICE Subject: Permit No. NC0079774 Davidson Downes Subdivision Iredell County Dear Mr. Mozeley: In accordance with your application for discharge permit received on February 28, 1994, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Susan Robson at telephone number 919/733-5083. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P. E. cc: Mr. Jim Patrick, EPA resxillerReg ©naltOffice P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0079774 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT N.C. DEPT. OF ENVIRONMENT, HEALTH, PERMIT & NATURAL RESOURCES TO DISCHARGE WASTEWATER UNDER THE OCT 3 1994 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DIM OF EPtVIROU ENTAL MANAGEMENT MQQRESVILLE REGIONAL OHM 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, Davidson Downs, Inc. is hereby authorized to discharge wastewater from a facility located at Davidson Downs Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch Rocky River in the Yadkin -Pee Dee River Basin in accordancewith effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective November 1, 1994 This permit and the authorization to discharge shall expire at midnight on September 30, 1999 Signed this day September 29, 1994 Original Signed By David A. Goodrich - A. Preston Howard, Jr., P.E., Director. Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0079774 SUPPLEMENT TO PERMIT COVER SHEET Davidson Downs, Inc. is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into West Branch Rocky River, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.06 MGD wastewatertreatment facility located at Davidson Downs Subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into West Branch Rocky River which is classified class C waters in the Yadkin -Pee Dee River Basin. OIS J,uc ILI • CS 1 at 058�//,��'' r / � , J 4 • • - 1% A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:. Effluent Characteristics Discharge Limitations Monthly Avg. Flow 0.06 MGD BOD, 5 day, 20°C 5.0 mg/I Total Suspended Residue 30.0 mg/I NH3 as N 2.0 m g/I Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Monitoring Measurement Weekly Avg. Daily Max Frequency Continuous 7.5 mg/I Weekly 45.0 mg/I Weekly Weekly Weekly 400.0 /100 ml Weekly 28.0 µg/I 2/Week Daily Quarterly Quarterly Weekly Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab *Sample Location I or E E E E E, U, D E,U,D E E E E U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above outfall, D - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NC0079774 During the period beginning'on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Temperature Discharge Limitations Units (specify) Monthly Avg, Weekly Avg. Daily Max Monitoring Measurement. Frequency Weekly Requirements Sample Tvpe, Grab *Sample Location U,D A. (). EH LUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Discharge Limitations Monthly Avg. 0.06 MGD 10.0 mg/I 30.0 mg/I 4.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 15.0 mg/I 45.0 mg/I 400.0 /100 ml 28.0.µg/I Monitoring Measurement Frequency Continuous Weekly Weekly Weekly Weekly Weekly 2/Week Daily Quarterly Quarterly Weekly Requirements Sample *Sample Tyke Location Recording I or E Composite E Composite E Composite E Grab E,U,D Grab E,U,D Grab E Grab E Composite E Composite E Grab U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet above outfall, D - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee-is-authorized to discharge from outfall(s) serial number 001. (Continued) Effluent Characteristics Temperature Discharge Limitations Units (specify) Monthly Avg. Weekly Avg. Daily Max Monitoring Measurement Frequency Weekly Requirements Sample Type Grab `Sample Location U,D ' Part III Permit No. NC0079774 E. If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. F. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of, its availability to the site, if the facility is in noncompliance with any terms and conditions of the NPDES permit or governing rules, regulations and laws. rAn i , -tion B.. Schedule of m�Ti• I. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Perrninee shall comply with Final Effluent Limitations by the effective due of the pernut 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 calee:dar days following a date identified in the above schedule of compliance.' thepermittee shall submit either a report of progress or, in the cue of specific actions being required b; 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 PER CTS SECTION A. Tvl T I ONS 1. Pt'=g ���_h The Director of the Division of Environmental Management. 2. M1 or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. D 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 L'SC 1251, et. seq. 5. >1_::,Dav MeasvrernentS 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 Put 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 eights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This (imitation is identified as "V►'eekly 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 yearand then dividing this sum by the number of days the tests were rep oned. This limitation is defined as "Annual Average" in Part I of the permit. 6. cirazzaTa2nElaummtal a. The "average monthly concentration." other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured. divided by the number of daily discharges sampled and/or measured during.such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under 'Other Limits" in Part I of the permit. b. The "average weekly conceritration," 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" is Part I of the perrnit. 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 Fallutant 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 numberof 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 cue 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 Fart I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day. the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part L 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 Measurernr.nts a. Flow. (MOD): The flow limit expressed in this permit isthe totil daily flows average �a d averaged monthly. It is determined as the arithmetic mean of 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 tool 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 limes when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Sass a. Composite Sample: A composite simple shall consist of: (1) a series ofgrab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sapling 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 1J24 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 it 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 thin 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 nfda any set vof values is the summation of the individual values divided by the number of es. 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. Foi purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by }'low Value: weighted by flow value means the summation of each concentration tunes its respective flow divided by the summation of the respective flows. lo.rakagmtax A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably • represents the calendar day may be used for sampling. 11. hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(ax1) of the Clean Water Act. 5ECTlON B GENT. RI. CONDITIONS - 1. D:ry tc+ Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, re%ocation and reissuance, or modification; or denial of a permit renewal n i Iization. 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 into porate the requirement: • b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject tocriminal penalties of 52,500 to S25,000 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 MOW to S50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition maybe assessed. an administrative penalty not to exceed S10;000 per violation with the maximum amount not to exceed 5125,000. [Ref: Section309 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 (S10,000) 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 510,000 per violation. with the rr.aximurri ar,!. itt of any Class 1 penalty assessed not to exceed S25,000. Penalties for. Class II violations are not to exceed S10,000 per day for each day during which the violation continues, with the maximum amount of any Cass 11 penalty not to exceed S125.000. 2. Du** 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 ant! Crirr nt LizLiliry Except as provided in permit conditions on 'Bypassing' (Pen II, 04) and 'Power Failures' (Put 11. 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 VSC 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 a."d 4a a.-dous Substance Liabilirx Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perminee 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 1.SG 1321. Furthermore, the perrrtiaee is responsible forconsequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. 5. pro; e n Riches 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. pritlIcre or Offshore Cons:ructir This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of arty work in any navigable waters. 7. $evera'il1 The provisions of this permit are severable, and if any provision of this permit, or the applica:ion of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. • 8. putt' to Provide Informatiofl The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authoritymay 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. Dun• to Reaniv. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the perminee 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 iteceive automatic authorization to discharge beyond the expiration date, the permitter shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 da} s prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration. or any perininee that does not have s permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permtttee to enforcement procedures as provided in NCGS 143.215.6 and 33 USC 1251 et. seq. 11. Signatory Requirernent • 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: (l) 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 v, ho 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 1960 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 describedabove or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or i 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 resRonsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named . position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall mal:e the following ratification: 1 certify, under penalty of law. that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations' 12. permit Actions . This permit may be modified, revoked and reissued, or terminated for tame. The filing of a request by the perminee 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 Mto. fication 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 Genera) Statute 143.215.1 et. al. 14. previou' Perrniti All previous National Pollutant Discharge Elimination System Permits issued to this facility. whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no Longer effective. ) The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 5ECTTON C. O.PERATION AND MAINTENANCE OF POLLUTION CONTROLS I. certified Operator • Pursuznt to Chapter 904.44 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 154, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at Ieast 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 154, Chapter 8A .0202. Once the facility is classified, the.perminee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wwa tewwater treatment facilities are 50% complete. Page S of 14 2. Propfr Ofleratiirr�.,�.,�•. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appwtenances) which are instilled 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 instilled by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Mr.! to Halt or Reduce not a llefenst 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: rypacsirt of Treatment Farilitie� a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility' including the collection system. which is not a designed or established or operating mode for the facility. (2) "Severe property damage` means substantial physical damage.to property. damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which :an reasonably be expected to occur in the ahence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (I):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 11, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (I) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a perminee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, persona] injury or severe property damage; (B) There %ere no feasible alternatives to the bypass, such as the use ,f 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 gneri n of judgment to prevent a bypass which occurred during normal periodsequipment 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. IZtitis a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary ce with technology based permit effluent limitations because of factors noncr,mpltart �, p p beyond the reasonable control o the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed ueatment facilities. inadequatetreatment 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 r based permit effluent limitations made duringZade m administrative review uirements of of claims that h c. of this condition are met. No determine • noncompliance was caused by upset. and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes, to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 111 .An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. • d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Fer i ' ed Substances S'_lids. sludges, filter backwash, or other pollutants removed i with ours e course of reatment or in control of %%ast:waters shall be utilized dtspo. ed of in a manner such as to preN ent any pollutant from such materials from entering waters of the State or navicatle 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 Put 503, any permit issued by the Perrrut 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 perrnittee 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 lithe permit is not modified to incorporate the requitement. The permittee. shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. • 7. power Failure, wised byDEM The ermittee is responsible for maintaining adequate safeguards as required Regulation, Title 1SA, North Carolina Administrative Code, Subchapter 2H, .0I24 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. $PCTIOND NIO\1TQR!NG AND RECORDS 1. Rr'e4entative SarTlinz Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permined 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 waatestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2 Rtr tint Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (Ds) Form (DEM No. MR 1,11. 2. 3) or alternati'e forms approved by the Director, DEM. postmarked no later than the 30th day following the completed reporting period. The first DMR is due onthe 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: 3. FlowMeassurements • Division of Environmental Management Water Quality Section . ATTENTION: Central Files • Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 t;pe of device. Devices selected shall be capable of measuring flows with a maximum deviatio,i of less than + 10% from the true discs :ge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monttoreo Py pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4 Tett Procedure 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 cue of sludge use 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'requiired by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all dau generated must be reported down to the minimum detection or lower reportinglevel of the procedure. If no approved methods are determined capable of achieving minimum detection and repotting levels below permit discharge requirements, then the most sensitive (method with the low est possible detection and reporting level) approved method must be used. 5. Penalties for Tanvering 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 S10,000 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 S20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Re: o!clk Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of aU monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date. exact place, and time sampling or measor urements; ents; b. The individual(s) who performed c. The date(s) analyses were performed; d. The individuai(s) who performed the analyses; • e. The analytical techniques or methods used; and f. The results of such analyses. a. inspection arid! Entry The permittee shall allow the Director. or an authorized representative (including an amhorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by lave•, 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; e. Inspect at reasonable times anv 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. 5ECTION E P. PORT1S REOL`1RE'TENTS 1. pane in Dische re . • All discha.•ges 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 pem it 2. planned Chinet 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 v► hether a facility isa new source in 40 CFR Bart .122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application.of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plat. • 3. Anticipated Yoncornpliat The rerrniree 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. Inagras 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. ,Me_'tc�111 Rep°tts Monitoring results shall be reported at the intervals specified elsewhere in this Pet' a. Monitoring results must be reported on a Discharge Monitoring Report (WAR) (see Part D. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. lithe permittee monitors any pollutant more frequently than required by the permit. using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR. 503. or as specified in this permit. the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DNIR. 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. I enty=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 provided orally within 24 hours from the time the permittee became a are of circumstances. A wrinen submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which, must be reported within 24 hours under this paragraph: (l) 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 pica&raph b. above of this condition if the oral report has been received within 24 hours. 7. 9ther Noncompliance The permittee shall report's!) 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 1I. E. 6. of this permit. S. Other ILCO :ad Where the permitter 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 Drrector, it shall promptly submit such facts or information. 9. Epn-erz1iaaee Notifici,;n.. 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 folloveing: • 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 bypass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephoneshall also file a written report in lerter form within 5 days following first knowledge of the occurrence. 10. Av257a1.",lity of Rene is Except for data determined to be confidential under NCOS 143.215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the termsshall be a� ailable for public inspection at the offices of the Division of Environmental Management. As required b; the Act, effluent data shall not be considered confidential.Knowingly making any Use statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 1.t3•215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Rem The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in anyrecord 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 S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Managementand written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permitteeshall 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 routineor frequent basis, of any toxic pollutant which is not limited in the permit, if that ' discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and ac-ylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,.on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter.(1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the . permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such 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 COMPLLANCE MONITORING FEE REQUIREMENTS A. The permit -tee 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. To: Permits and Engineering Unit Water Quality Section Attention: Susan Robson SOC PRIORITY PROJECT: No Date: March 14, 1994 NPDES STAFF REPORT AND RECOMMENDATIONS County: Iredell NPDES Permit No.: NC0079774 MRO No.: 94-79 PART I - GENERAL INFORMATION 1. Facility and Address: Davidson Downes Subdivision 267 Canterbury Street Mooresville, N.C. 28115 2. Date of Investigation: March 11, 1994 3. Report Prepared By: Michael L. Parker, Environ. Engr. II 4. Person Contacted and Telephone Number: B. K. Barringer, (704) 664-7888. 5. Directions to Site: From the jct of Hwy. 115 and SR 1138 (Presbyterian Church Rd.) just north of the Town of Davidson in Iredell County, travel east on SR 1138 ~ 1.0 mile. The entrance to Davidson Downes is on the right (south) side of SR 1138. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35* 31' 08" Longitude: 80` 48' 58" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. LTSGS Quad No.: E 15 SE 7. Site size and expansion area consistent with application: Yes. There is ample area available for the construction of the proposed WWTP.. 8. Topography (relationship to flood plain included):• Gently rolling, 3-5% slopes. The WWTP site is not located in a flood plain. 9. Location of Nearest Dwelling: Approx. 400+ feet from the WWTP site. Proposed lots are shown on a site plan within 200 feet of the site. Page Two 10. Receiving Stream or Affected Surface Waters: West Branch Rocky River • a. Classification: C b. River Basin and Suhhasin No.: Yadkin 030711 c. Describe receiving stream features and pertinent downstream uses: Excellent flow in the receiving stream (8-10 feet wide x 4-8 in,c.hes deep) at the time of the site visit. The only other known discharger below this facility is NC0067920 (River Run Subdivision). PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: 0.060 MGD (Design Capacity) b. What is the current permitted capacity: 0.060 MGD c. Actual treatment capacity of current facility (current design capacity): N/A d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A P. Description of existing or substantially constructed WWT facilities: N/A f. Description of proposed WWT facilities: The proposed facilities will consist of flow equalization followed by aeration, clarification, and disinfection. g. Possible toxic impacts to surface waters: Chlorine is added to the waste stream. h. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: A residuals disposal plan has not been submitted. Approval of a residual disposal plan is necessary prior to the issuance of an ATC. 3. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class II (based on proposed treatment units). 4. SIC Code(s): 4952 Wastewater Code(s): 05 5. MTU Code(s): 06100 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No Page Three 2. Special monitoring or limitations (including toxicity) requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation a. Spray Irrigation: Insufficient area b. Connect to regional sewer system: When this Permit was originally issued in April, 1991, the Town of Mooresville denied the developer's request for connection to the Town's sewer collection system. Since this area is within the Town's 201 facilities planning area and since the Town's proposed service area may have changed, it is recommended that prior to Permit reissuance the permittee contact the Town regarding the feasibility of connecting to their sewer collection system c. Subsurface: An evaluation by the County Health Department found that the majority of the lots in this development have either poor soils or restrictive topography that precludes their use for ground absorption systems. PART IV - EVALUATION AND RECOMMENDATIONS The permittee has requested renewal of the subject Permit. A review of the engineering proposal indicated that the development is to be constructed in two (2) phases (0.030 MGD-phase I and 0.060 MGD-phase II). Based on this information, it is recommended that the Permit, upon reissuance contain limitations for both 0.030 MGD and 0.060 MGD flows. Pending receipt of the information requested in Part III, No. 4, it is recommended that the NPDES permit be renewed as requested. Signature ofeport Preparer ��. / /—�- -, 3 /S'��� Water Quality Reg _nal Supervisor Da e oo°ThL ) 1,---\ .c() - ' 0 Mr. Ray C. Mozeley Davidson Downs, Inc. 267 Canterbury Street Mooresville, NC 28115 D ear Mr. Mozeley : is to acknowledge receipt of Application Form Engineering Proposal Request for permit renewal, Application Processing Fee of Engineering Economics Alternatives Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other items checked below are Application Form Engineering proposal (see ing Fee of Processing see attached) Delegation of Authority ( Biocide Sheet (see attached) - Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other State DepartmentCa and Natural Resources Division of Environmental Management James B. Hunt;_Jr.-.`Governor 1 U MD N `pr gtrs Jonathon Howard, Jr., P E.. Director Mil, A. Preston eta . Wilt V MintiatiIftt 111 111 March 7, 1994 GI /ill ... Subject: NPDES Permit Application NPDES Permit No.NC0079774 Davidson Downs Subdivision County This The a Air,w; HNC `Ire 28, 1994:. the following documents on February (for proposed control facilities), $200.00, Analysis, needed before review can begin: attachment) 5 Telephone 919-733-7015 FAX 919-733-2496 North Carolina 27626-0 50% recycled/ 10%733 7015 on FAX 9 9 73 P.O. Box 29535. Raleigh, p0nto er An Equal Opportunity Affirmative Action Emp Y e J within thirty (30) days, it will be is not made complete complete. application be resubmitted when comp If the Pp ou and may returned to y Susan Robson vise � o any assigned to you wi for the application has been its Unit for review. This app 5083) of our Permits or other information necessary (919��33 recommendations, questions comments recomm review of the application. that our Regional Office requesting aiding this copy of this letter, recommendations regarding I pam, by staff report and recomm this applications, you a questions regarding Supervisor prepare discharge If you have any q lease contact the review person listed above. p Coleen H. Sullins, P.E. CC: Mooresville Regional Office • NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND CONIUHITY DEVELOPMENT -ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D To be filed Deily by services. wholesale and -retail trade• and other connercial establishments including vessels FOA ALENCY USE do not attempt to complete this fora wtthat reading the acccaoanytng festructiens Please print sr type 1. lime, address. and telephone number of facility producing discharge A. Name Davidson Downes Sub -Division / Ray C. Moze1ey 2. SIC 1. Street address 267 Canterbury Street C. City Mooresville 1. town ty Ired e l l G. Telephone No. 704 , 399-0695 Arta Code 1111111111111 (leave blank) �i. Number of ewpleyees 4. Nature of business -0- OPPutu,IN'amble 9l�Y[ a1g1 PAY le. OM Ckt 1.1573. MEM 0. Stets NC F. 21p 28115 'L ) cn v r-� Builder/Developer -Residential S. (a) Check here if discharge occurs all year (b) Check the months) discharge occurs: 15 No discharge yet,. facility. not constructed yet 1.0 January 2.0 February 3.0 Nardi 4.0 April S.O ply! 6.0 June 7.0 Ju1y 8.0 August 9.0 September 10. 0 October 11.0 ito vembe r 12.0 December (c) Mow .any days per week: None at this tirlie 1.01 2.02-3 7.04-94.06.7 6. Types of waste water discharged to surface waters only (check es applicable) None at this time Discharge per Operating day Flow, pallo.ns per operating f ► dol6w treated b:for; discharging (percent) 0.1-999 (1) 1000.4999 (2) 59d0-t999 (3) 10,000- 49.999 (4) • 50.000 Or more (5) Picot (6) 0.1• 29.9 (7) 30- 64.9. (6) 6S- 94.9 (9) 1►5- 100 (10) A. Sanitary, daily average 1. Cooling water, etc.. daily average' C. Other disOir9t(a). daily average.; Speclfy.., -D. Maximum per Operat. _irg day for combined dischArge (all types) 1 .• • • • 1 • ('esua3;0 srtjuTs r an, :n30q.10 seed g ueci3 ssou Sou 3ummoe;21.34 so OOO'OI$ neg3 ssom 30tr30 aus; a ,Sq 3ua-=4sFttnd Y 'ALA ICGI u0;30aS '3'S'a 8I) 'g3oq jq 10 'su3uoar x;o peeoxe o3 30u.174.2.u0s;ad:41 etq io 4(4040T$ psaox, 03 3012 auk;• , £q aigegs;and souvaaope;at t ;o 43f : a4.itette litoT31y 3Fg3 8uj3aacaidaF va;sa02 urogolirgirg tr3aa:anosp.a2 egl so. s?o;3ein8as qo:.;t'ajaX5iy /opan paa elaFeu IQ pa3ezadv • sq o3 pes;-nbes pot{3va so sio;Jap ftvo3;von so la;psooes:Lit s3esn2zauT asapaas 6Za0ax.so 'q3;'i ssedr3 tisay;;sin milt so setoply 3e43. 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O'0 4•p 0.3 C't o '/ lX1 11 :s3Y/Od 1d+s43sjp a3eJedes le Jagr+K 't :ZJI'eds 64a430 •! ' Ai pYOd JO Y006et YOi3*J0d1A3 •I .• 1Ye1. Jli"l4S '3 m y w I I..A Itettin ftu.iiigg 'if + ■e3sits Jays IPdlllwr •V (s) A 000.09 (0) ii6'i9'000'0l (C) . 6644•000s (1) 6ii,•0001 (I) 661•1'0 . :ei pa6.Il,3 is II 403e01 aq.sa* t ,1041 se meta, lme43 4Je1vw =spas wh Ja1p30 sa0etd Oi voLaPs►to Lie 'palms -gm J• Poleu3 .10, 3IO '! lei{ Yl 1+5ll3u+p! Salim to 14'03 042 40 ,tug ;l 1 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0079774 PERMII'1hE NAME: FACILITY NAME: Davidson Downs, Inc. Davidson Downs Subdivision Facility Status: Proposed Permit Status: Renewal Major Pipe No.: 001 Minor Design Capacity: 0.06 MGD Domestic (% of Flow): 100 % Industrial (% of Flow): N.C. DEP ENVIRONMEN & NATURAL JUN 1 L. IAA-15 elk oln`� V� SIG 'V I1 g uOt5e Comments: * two phases of 30,000 each �= �C.t t✓ 1 z`� NoT 9 RECEIVING STREAM: West Branch Rocky River Class: C Modeler Date Rec. # /14uiGJ 3//0 t ?So5 2 Drainage Area (mi ) 7, / Avg. Streamflow (cfs): 7 G, 0F7010,(cfs) Q, �'Z Winter 7Q10 (cfs) /, 30Q2 (cfs) /, 4 EA H I' 'O oxicity Limits: IWC //, y % Acute/Chronic 94Instream Monitoring: arameters / , 0 . i' r �X. //Vi ✓jf; (� % ' �� L RfANA6EMENT P � 1 r�r I !7 �7 i l: J . l'CG'Ci� ���r•17iiiki, //J 1�3 A . OFFICEUpstream Y Location MO e Titoi Downstream Y Location ask' , 4aCl/ � w %4r i% / As DS `iZ'•YI (' !7 III eti Sub -Basin: 03-07-11 Reference USGS Quad: E 15 SW (please attach) County: Iredell Regional Office: Mooresville Regional Office Previous Exp. Date: 9/30/94 Treatment Plant Class: rr/a i Classification changes within three miles: none Requested by: Prepared by: ri� Susart Robson Date: 3/17/94 Date: Date;/ (p/ /3/' �l 44,1„ Reviewed by: `Q)-1 rde - 7 13. (s) I6,5 (v.) 33 • 1:1 Effluent Characteristics Summer Winter BOD5 (mg/1) 10 NH-N (mg/1) 3 Z li D.O. (mg/1) (,- TSS (mg/1) -C 30 F. Col. (/100 ml) .,200 000 pH (SU) 6 - 7 TR ebiorid1 .ems :_ ._2(c? T /IA/ Mein i Or /. 76it// &k Comments: 1- /)NL P&S r(i ✓P.f ()I wiT, 4h rr^� Inoe,rtP i/i l/f 1,01 110 + a// io t%1;•\_ . rS er av“i 6!)1-e ? I'tisj) 110LJ yhlUCin Wo u c 1- 7 -I-A, c ;/c ( %(> ✓i'i ei ✓e % Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Davidson Downs, Inc. DDSD NC0079774 Domestic - 100% Existing Renewal West Branch Rocky River C 030711 Iredell Mooresville ( Susan Robson 3/17/94 E 15 SW Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Request # 805 N c NVIRONMEEI1 9T OI 6' NATURAL Zr.SO LS yrt v crRE3114r.tlu.ujji;L DfF10E Stream Characteristic: USGS # Date: Drainage Area (mi2): Summer 7Q10 (cfs): Winter (7Q10cfs)(cfs): Average Flow (cfs): : IWC (%): 0212391330 11/15/90 7.21 0.72 1.4 7.6 1.6 11.4 REQUEST THIS FACILITY TO BE DENIED. The Rocky River Report (3/31/93). conclusions indicate that water quality in the upper watershed of the Rocky River is not adequately, protected by the current NPDES permit effluent limits. There are documented low D.O.s and a current lack of additional assimilative capacity. We should deny this renewal UNLESS they can prove (in writing) to DEM that the Town of Mooresville will not allow them to tie-in to the towns sewer collection system because the sewer lines are not available. They should also include the = cost of constructing the necessary tie-in lines if they presently do not exist. THIS PERMIT SHOULD NOT BE ISSUED UNTIL THE ABOVE LETTER HAS BEEN RECEIVED. Special Schedule Requirements and additional comments from Reviewers: Pc.,irL+ wit c°� .4Chi-��i C�t•e:/ .�1' a a c U �J ,be. /.E�.'4:CstPILCfd Y.�t?7t/I /FJt•.l��t rt.�iCGC•Q.1C�Lt r.�:i.Clrtvi��e.l't� Lfew ✓ ,' T •s i sco, a f/rGscH-i" ? przas( L ;7 /.:o& vhd up/7 #-45o(v&. - Recommended by: Reviewed by Instream Assessment: ,C 9 Date:6A /% Regional Supervisor: ,D A /.7JJ Date: J:/.7// — Permits & Engineering: l Date: 4/q4 RETURN TO TECHNICAL SUPPORT BY: _ J'- N 1994 E° • 2��� 0 Ar tti �//3/9+f �'55`"'S 2 CONVENTIONAL PARAMETERS Existing Limits: Monthly Average Summer Winter Wasteflow (MGD): 0.06 0.06 BOD5 (mg/1): 7 14 NH3N (mg/1): 2 4 DO (mg/1): 6 6 TSS (mg/1): ' 30 30 Fecal Col. (/100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (µg/1): 28 28 Oil & Grease (mg/1): TP TN (mg/1): Recommended Limits: monitor monitor monitor monitor Monthly Average Summer Winter WQ or EL Wasteflow (MGD): 0.06 0.06 BOD5 (mg/1): 5 10 NH3N (mg/1): 2 4 DO (mg/1): 6 6 TSS (mg/1): 30 30 Fecal Col. (/100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (1.t.g/1): 28 28 Oil & Grease (mg/1): TP (mg/1): monitor monitor TN (mg/1): monitor monitor Limit Chages due to: The Rocky River Report (3/31/93) and the fact that this facility is considered new [15A NCAC 2H .0138(a)] because no A to C has been issued. Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: 100 feet upstream from effluent �', a„t E( f ve. Downstream Location: {c $I�6$ - e S R a �a o a/p''° x1 AI-e I 4 'rides Pawfsirea� Parameters: Dissolved Oxygen, Conductivity, Temperature, Fecal Coliform Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach updated evaluation of facility, including toxics spreadsheet, modeling analysis if modeled at renewal, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. EXECUTIVE SUMMARY Water quality models for three sections of the Rocky River and its tributaries were joined to produce one calibrated model for 47.6 stream miles in the Yadkin River basin. This model -was used to predict dissolved oxygen and biochemical oxygen demand concentrations at low flow conditions for both permitted and summer average discharge conditions. The general objective of this project was to provide a tool to assist with management of wastewater discharge issues in the upper watershed of the Rocky River. A more specific objective of the project was to provide a model that could be used to deteiinine the appropriate waste load allocation for the Charlotte -Mecklenburg Utility Department (CMUD) Mallard Creek WW'i'P. CMUD has applied for an expansion of the Mallard Creek WWTP from 3 to 6 MGD. Results from this model indicate that water quality in the upper watershed of the. Rocky River is not adequately protected by the current NPDES permit effluent limits. Under current operating conditions, that are well below permitted loads, the DO standard is not predicted to be violated in the Rocky River study area. However, three DO sags are predicted to drop to or near the stream standard, indicating that little assimilative capacity remains for oxygen consuming wastes. It is recommended that no new or expanded discharges be permitted in the study area unless an evaluation of engineering alternatives shows that it is the most environmentally sound alternative. If new or expanding discharges are permitted, they should receive best available technology limits in the watersheds above the confluence of Mallard Creek and the Rocky River, due to severely limited assimilative capacity. Any new or expanding discharge in the lower watersheds of the Rocky River should receive a total BODu limit of 32 mg/I or less, equivalent to 10 mg/1 BOD5 and 4 mg/1 NH3 for typical domestic discharges. This level of treatment will protect the DO standard as well as preventing any one discharge from using up 100 percent of the available assimilative capacity of the river. In addition, it is recommended that Mooresville WWTP, Mallard Creek WWTP, and Concord WWTP be encouraged to continue to meet advanced treatment levels. Upon expansion or modification, Mooresville WWTP and Concord WWTP should receive more advanced treatment requirements that will protect water quality in the Rocky River. This will mean advanced tertiary treatment at the Mooresville WWTP and limits at least as stringent as 10 mg/1BOD5 (5.7 mg/1 CBODS) and 4 mg/1 NH3 at the Concord WWTP. li To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver C C PRIQRITY PROJECT: No Date: May 12, 1999 NPDES STAFF REPORT AND RECOMMENDATIONS County: Iredell NPDES Permit No.: NC0079774 MRO No.: 99-68 PART I - GENERAL INFORMATION 1. Facility and Address: Davidson Downes Subdivision 218 Canterbury Street Mooresville, N.C. 28115 2. Date of Investigation: May 11, 1999 3. Report Prepared By: Michael L. Parker, Environ. Engr. II )91'7 \Ai/ \(1.4 4. Person Contacted and Telephone Number: Ray C. Mozley, (704) 892-3747 5. Directions to Site: From the jct of Hwy.. 115 and SR 1138 (Presbyterian Church Rd..) just north of the Town of Davidson in Iredell County, travel east on SR 1138 1.0 mile. The entrance to Davidson Downes is on the right (south) side of SR 1138. 6. Discharge Point(s), List for all discharge Points: - Latitude: 3 5 ° 31' 08" Longitude: 80° 48' 58" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 15 SE 7. Site size and expansion area consistent with. application: Yes. There is ample area available for the construction of the proposed WWTP. Topography (relationship to flood plain included): Gently rolling, 3-5% slopes. The WWTP site is not located in a flood plain. 9. Location of Nearest Dwelling: Approx. 400+ feet from the WWTP site. Proposed lots are shown on a site plan within 200 feet of the WWTP site. Page Two 10. Receiving Stream or Affected Surface Waters: West Branch Rocky, River a. Classification: C b. River Basin and Subbasin No.: Yadkin 030711 c. Describe receiving stream features and pertinent downstream uses: Excellent flow in the receiving stream (8-10 feet wide x 4-8inches deep) at the time of the site visit. The only other known discharger within a reasonable distance below this facility is NC0067920 (River Run Subdivision). PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of Wastewater: 0.060 MGD (Design Capacity) b. What is the current permitted capacity: 0.060 MGD c. Actual treatment capacity of current facility (current design capacity): N/A d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: N/A f. Description of proposed WWT facilities: The proposed facilities will consist of flow equalization followed by aeration, clarification, and disinfection. g. Possible toxic impacts to surface waters: Chlorine is proposed to be added to the waste stream. h. Pretreatment Program ,(POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: A residuals disposal plan has not been submitted. Approval .of a residual disposal plan is necessary prior to the issuance of an ATC. Treatment Plant Classification: Class II (based on proposed treatment units). SIC Code(s): 4952 Wastewater .Code(s): 05 5. MTU Code(s): 06100 (proposed) PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time. Page Three 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation a. Spray Irrigation: Insufficient area with restrictive topography. b. Connect to regional sewer system: This development is within the Town of Mooresville's 201 facilities planning area. Since the Town's proposed service area may have changed since the permit was last renewed, it is recommended that prior to Permit reissuance the permittee contact the Town regarding the feasibility of connecting to their sewer collection system and .provide this documentation to the Division. c. Subsurface: An evaluation by the County Health Department found that the majority of the lots in this development have either poor soils or restrictive topography that precludes their use for ground absorption systems. PART IV - EVALUATION AND RECOMMENDATIONS The permittee has requested renewal of the subject Permit. At the present time there are no plans for construction of any WWT facilities. Although the Town of Mooresville has included this area in their 201 Facilities Plan, there is no immediate or even long range plan to provide sewer service to this area. There has been some discussion with regards to CMUD providing sewer service to the southern part of Iredell County, however, sewer service would not be expected during the term of this permit. In a previous WLA, Technical Support Staff (TSS) indicated a desire to deny the reissuance of this permit due to documented low DO levels and an overall lack of assimilative capacity. TSS further suspects that water quality in the upper Rocky River Basin is not being adequately protected by current NPDES permit limits. For these reasons, reissuance of this permit does not appear to be warranted based on a lack of specific development plans and overall receiving stream quality. Allowing this discharge to occur may also undermine any progress the Division may have realized throughout the drainage basin as a result of basin wide modeling/permitting. Signature of Report reparer Date Water Quality Regional Sup ;.or h:\dsr\dsr99\downs.dsr Date State of North Carolina Department of Environment and Natural Resources Division of Water Quality. James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr. Ray C. Mozeley Davidson Downes, Inc. 218 Canterbury Place Mooresville, North Carolina 28115 Dear Mr. Mozeley: April 1, 1999 AVA NCD.ENR NORTH CAROLINA' DEPARTMENT OF -ENVIRONMENT AND NATURAL RESOURCES 'fli.3.r74FS1• PR 1999 Subject: NPDES Permit Renevyal Apphcation Y4"T• Permit NC0079774 Davidson Downes WWTP Iredell County The Division received your permit renewal application and a check for $215.00 (check # 4993) on March.24, 1999. Thank you for submitting this package in a timely fashion. Changes in the permitting fees for NPDES facilities took effect on January 1, 1999. Among those changes was the elimination of renewal fees for existing NPDES permits. I am returning the check you submitted with the permit application, along with a revised fee schedule. The permit renewal for this facility will be assigned- to a member of the NPDES Unit staff. That staff member will contact you if further information is needed to complete the permit renewal. I regret to inform you that we have lost several staff members in the past few months - the NPDES Unit currently has four vacant positions. This staff shortage is causing delays in our processing of permit renewals. Our remaining staff are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan reviews ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0079774, the existing requirements in your permit will remain in effect until the permit is renewed (or other action is taken by the Division). We appreciate your patience and understanding while we operate with diminished resources. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension_511. cc: Central Files C1Vlooresville Regional Office, Water Quality Section ) NPDES File P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Charles H. Weaver, Jr. NPDES Unit 919 733-5083, extension 511 (fax) 919 733-0719 Charles_Weaver@h2o.enr.state.nc.us f Ray C. Mozeley Davidson Downes Inc. 218 Canterbury Place Mooresville, NC 28115 Phone (704) 892-3747 FAX 704 892-6860 State of North Carolina Department of Environment and Natural Resources Division of Water Quality P O Box 29535 Raleigh, NC 27626-0535 Gentlemen: Please find enclosed my application and check regarding permit # NCO079774 for Davidson Downes Subdivision, Iredell County, NC. The renewal fee is intended to maintain the current discharge permit for the sub division even though no facilities have been constructed as of this date. Therefore there are no discharges or other operational data available. I was not sure which schedule of payment was due, if this is not sufficient, please advise. Sincerely, Davidson Downes Inc. 4 • • • NPDES PERMIT -APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1:MGD flow) N. C Department of Environment and Natural Resources - " Division of Water Quality / NPDES Unit, , P. O. Box 29535, Raleigh, NC' 27626 0535 y North Carolina NPDES Permit Number (if known) .. Please print or NCQ0 1. Mailing address of applicant: Facility: Name Owner Name - --- • - - - C( ' Street Address. City State Lll' Code Telephone Number Fax Number e-mail Address (< ) 92- 'v5, LleM 5/ 2. Location of facility producing discharge: Name '(If different from above) Facility Contact Person' - Street Address or State Road City /,Zip_ Code County - Telephone Number 3. Reason for application: Expansion/Modification * Renewal - • Existing Unpermitted Discharge_ New Facility _ * Please provide a description of the expansion/modification: Descriptionof the existing treatment facilities (list all installed components with capacities): Pagel of 2 Version 9/97 NPDES PERMIT APPLICATION.- SHORT FORM D To be filed only by dischargers of 100%.domestiC waStewater (<1 MGD flow) • • 5. . Description of wastewater (check:all that apply): . .. ..,.. , __._.. ... .. .. • - . _ . . r- - 7: !•7r7...tr 5-z .1 ....! r....; ti.N ;,- ,, ..,...x" , , ..r • .. ':, ".:1•,71.- - ' ' Type' of Facility Generating Wastewater.---- ,,. :A:7;1... Stf f7,7 t77:',i.•_; .• IA ciustrial - - Number of Employees:„:, .. . • Commercial . Number of Employees ....._ ......_ • . • Residential Veii-riti /1:/ .• .NII:unber. of -Ionle7-7---:--.-... SchoOl -- ' -- Number of StudentS/Staff .. Other -• Descri the sourc s) of wastewater (example: subdivision„ mobile home park, etc.): • - • • 6. Number of separate wastewater discharge pipes (wastewater outfalls): 7. - If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: 8. Name of receiving waters) (Provide a map showing the exact location of each outfall): I certify that I am familiar. with the information" contained in the application and that to the best of my knowledge_and belief such thformation,is true, complete, and • IA. 0 C72. 1/4:7. accurate. Prin Name of Person Signing • •-• , _ : 7 Signatur ofApplicant--...............() Date Signed North Carolina General Staiiiie 145-215.6(0)(2) provides that -Any person who knowinglymakes arty false stateirtent representation7or certification in -any application, record, report, plan, or other document files or required tube maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article; or who falqifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 ®ulations of the Environmental Management Commission implementing that Article, shall be guilty of a Misderneenor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 Section 1001 provides a purdshment by a fine of not more than $10,000 orimprisonment not more than -5years, or both for a similar offense.) Page 2 of 2 Version 9/97 c : N. C. DEPT. OF NA'I'URAI • Permit No. NC0079774 RESOuncps AND `7OM"+£UNITY DEVELOPMENT STATE OF NORTH CAROLINA F LE 2 5 1991 DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT pIVISION OF [fiVIROMIEOTAl MANAGEMENT MOORESVILLE REGIONAL OFFICE 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, Davidson Downs, Inc. is hereby authorized to discharge wastewater from a facility located at Davidson Downs Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch (Fork) Rocky River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on September 30, 1994 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0079774 SUPPLEMENT TO PERMIT COVER SHEET Davidson Downs, Inc. is hereby authorized to: '1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into West Branch (Fork) Rocky River, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.06 MGD wastewater treatment facility located at Davidson Downs Subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into West Branch (Fork) Rocky River which is classified class C waters in the Yadkin -Pee Dee River Basin. • . \� • y v1. 1.,e 513 1 450 000 FEET • 514 ;al Survey photographs e system s, :Id lines where . cation is unchecked ings are shown IPIIPECrN • oo 515 50' 516 MH I GN 3' 53 MILS 0'07' 2 MILS UTH GRID AND 1969 MAGNETIC NORTH DECLINATION AT CENTER OF- SHEET 1000 NO 2000 a;+o 4000 5000 6000 loco 0 —.....__. • 827 • (CORNELIUS) S1! 4854 IV NE SCALE 1:24 000 0 CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE_ BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 8022E. OR RET')NI, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31). Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monthly Avg. Flow 0.06 MGD BOD, 5 day, 20°C 7.0 mg/I Total Suspended Residue 30.0 m g / I NH3 as N 2.0 mg/1 Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Weekly Avg. Daily Max 10.5 mg/I 45.0 mg/I 3.0 mg/I 400.0 /100 ml 0.028 mg/I Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Quarterly Quarterly Weekly Requirements Sample *Sample Type Location Recording I or E Composite E Composite E Composite E Grab E, U, D Grab E,U,D Grab E Grab E, U, D Composite E Composite E Grab U, D *Sample locations: E - Effluent, I - Influent, U - Upstream above NCSR 1138, D - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Discharge Limitations Monthly Avg. 0.06 MGD 14.0 mg/I 30.0 mg/I 4.0 mg/I 200.0./100 ml Weekly Avg. Daily Max 21.0 mg/I 45.0 mg/I 6.0 mg/I 400.0 /100 ml 0.028 mg/I Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Quarterly Quarterly Weekly Requirements Sample *Sample Type Location Recording I or E Composite E Composite E Composite E Grab E, U, D Grab E,U,D Grab E Grab E, U, D Composite E Composite E Grab U, b *Sample locations: E - Effluent, I - Influent, U - Upstream above NCSR 1138, D - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0079774 D. If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. E. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with any terms and conditions of the NPDES permit or governing rules, regulations and laws. it t'saa(Q • l ft Q 0.V 9 W 140 a 8 `CL :sluauiuzo0 (ns) Hd Ow o0T/) 'io3 'd (Ow) SS.L (vOm)'O'a (i/$u) N-imi Ow) 5CIOEI JalutM =mrmS soAsualor iD luanijg uo 11 oo'I uouVoo1 tuausumoa ruR nsdn otuouo/alnod sralaurrzrd :�uuoltuoIAI ureailsuI °!o OMI :slnzn7 Xlppco L -77—(sjo) z? o (S3o) OTOL Jolt% 1.1,' 0 (sjo) OTbL ' •L :(sjo) molvagaUS IAV 1 L (znu) 3.uiala 1 Lgs o b s-L\b M570'J # 'oag air(' .rai°PowH :a1ua :Ma 06/t Z/6 :aea (go= asraid) 1 :/iq pamatnag :iiq pazndaid �uorsg auuusog :iiq palsanbag auou :saiiru gaup upya sa lmio uouuouiss1i3 n/u :snip lurid luauuuarj 00/00/00 :alua •dxg snornaid aor. O iguo?2au aiiTnsaaoois :aoryO p uor.2ag iiapaiI :diluno3 �Pr SDsn aouaaaJag a)1 KsPoo SST a TI-LO-£0 yr;r NEnara :uisrg-qng :ssri3 aanrg Moog (31.1o3) IRLIRIU 1SOM JMAId3 RI rim 000`0£ jo sasrgd omi * :sluaururo3 %.00I :(moi3 30 %) irulsnpui :(moT,l jo %) otlsamoa UM 90'0* :riuordr3 u2rsaQ Jou Ai i00 :•oN adtd iolvw nnaN :snms ltuuad pasodord :snlrls uovd SUMO(' uospinra / •OUI `sumo(' uospinnU :MINA M LD:Mad t'LL6LOODM ZINRigd NOIZVDOTIW civ01 LLSVM Sagan t - • RECEIVED QNILSSOUI OF ENVIRONM01161. MANMEMEdt .DEC 7 1990 EMU amra WASTELOAD ALLOCATION Facility Name: NPDES No.: Type of Waste: Status: Receiving Stream: Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Quad: APPROVAL Davidson Downs NC0079774 Domestic Proposed/New West Branch Rocky 30711 Iredell Ai/ Mooresville hi Rosanne Barona 9/24/90 E15SE RECOMMENDED EFFLUENT RECOMMEND DENIAL OF PERMIT. =. summer winter Wasteflow (mgd) : BOD5 (mg/1) : NH3N (mg/1) : DO (mg/1) : TSS. (mg/1) : Fecal coliform - (#/1.00m1) : pH (su) : Chlorine , (mg/1) : 0.060 7 6 :30 :200 6-9 0.028.. 0.060 14 4 6.. 30 2001 6-9 0.028 •MONITORING River Request FORM No.: 5871 Drainage area: Summer 7Q10: Winter 7Q10: Average flow:. 30Q2: LIMITS 7.210 sq mi 0.72 cfs 1.40 cfs 7.60 •cfs 1.60 cfs RECEIVED DEC1 31990 PERMITS & ENGINEERINd1 . DEC 3r T, .F 1990 ' PERMITS & ENGINEERING PARAMETERS: DO, Temp, Cond,- Fecal'Coliform Upstream -.; (Y/N): Y Location:above SR 1138 Downstream (Y/N): Y Location:at SR 2420 COMMENTS Proposed.subdivsion is located within the Mooresville.201 planning area. The dischargepoint is about 1.5 miles from the Mooresville WWTP.. Mooresvillp, has rejected the wasteflow.• RECOMMEND DENIAL OF PERMIT based on proximity of Mooresville WWTP and available capacity. If the hook-up to Mooresville is impossible, Davidson Downs must meet the. above advanced treatment limits which apply to all new dischargers within this basin. Recommended by: Reviewed by Instream Assessment: Regional Supervisor: G Permits & Engineering: RETURN TO TECHNICAL SUPPORT BY: tiA Date: /X). Date: u Date: IA/a /10 Date: JAN 01 1991 N. C. DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT APR 1 6 1991 State of North Carolina DIVISION BF E„VI Rs:'f' E LTA. MANAGEMENT Department of Environment, Health and Natural ResoytgeILI.E REGIONAL OFFICE Division of Environmental Management 512 North Salisbury Street • Raleigh, North. Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary Director Ray C. Mozeley 267 Canterbury Street Mooresville, NC 28115 Dear Mr. Mozeley: George T. Everett, Ph.D April 15, 1991 Subject: Permit No. NC0079774 Davidson Downs, Inc. Iredell County In accordance with your application for discharge permit received on September 14, 1990, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 11, E.4." addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal . Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Ms. Rosanne Barona at telephone number 919/733-5083. cc: Mr. Jim Patrick, EPA oM or"esvil'le Regiona Rice Sincerely, Original signed by Dale Overcash tor George T. Everett Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0079774 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE APR 1 6 1991 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DIVISIOI! QF MVIRdiliatiT.U. t° A,NAGEMERT. MOORESVILLE REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT N. C. DEPT. OF NATURAL, RESOU,RCE.i AND COMMUNITY I).✓ELOPMENt' 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, Davidson Downs, Inc. is hereby authorized to discharge wastewater from a facility located at Davidson Downs Subdivision off of NCSR 1138 southwest of Mooresville Iredell County to receiving waters designated as West Branch (Fork) Rocky River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 15, 1991 This permit and the authorization to discharge shall expire at midnight on September 30, 1994 Signed this day April 15, 1991 Ovigiriat signed by Dada Overca'sh tar George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0079774 SUPPLEMENT TO PERMIT COVER SHEET Davidson Downs, Inc. is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into West Branch (Fork) Rocky River, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.06 MGD wastewater treatment facility located at Davidson Downs Subdivision, off of NCSR 1138, southwest of Mooresville, Iredell County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into West Branch (Fork) Rocky River which is classified class C waters in the Yadkin -Pee Dee River Basin. /If• • 513 1 450 000 FEET al Survey i photographs system Id lines where ation is unchecked ngs are shown 514 'College \ J\ MN ry 3' 53 MILS GN 0'07' 2 MILS 515 50' OWM GRID AND 1969 MAGNETIC NORTH DECLINATION. AT CENTER OF SHEET 516 (CORNELIUS) 4854 IV NE SCALE 1:24000 1 _ I o E— Z-_::.:E _= i..—_ ., -..- _----s----: r-=--T -_: F 4000 5000 6000 1 000 0 NO 2000 3ixJ0 _-_-3-- �--- �_ --L_t3':E:-'--- - - T.__.. ._ I KI i 5 - — -_-� CONTOUR INTERVAL 10 FEET • NATIONAL GEODETIC VERTICAL DATUM OF 1929 8C 827 • 11 8C -. • • -77 511 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 80225. OR REQT'1N, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0079774 During the periodbeginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring llAeasurement Monthly Avg, Flow 0.06 MGD BOD, 5 day, 20°C 7.0 mg/I Total Suspended Residue 30.0 m g / I NH3 as N 2.0 mg/I Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Weekly Avg. Daily Max 10.5 mg/,1 45.0 mg/I 3.0 mg/I, 400.0 /100 ml 0.028 mg/I' Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Quarterly Quarterly Weekly Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab *Sample Location I or E E E E E, U, D E,U,D E E, U, D E E U, D *Sample locations: E - Effluent, I - Influent, U - Upstream above NCSR 1138, D - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating. solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0079774 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monthly Avg. Flow 0.06 MGD BOD, 5 day, 20°C 14.0 mg/I Total Suspended Residue 30.0 mg/I NH3 as N 4.0 mg/I. Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity 200.0 /100 ml Weekly Avg, Daily Max 21.0 mg/I 45.0 mg/I 6.0 mg/I • 4.00.0: /100 MI • 0.028 mg/I *Sample locations: E - Effluent, I - Influent, U - Upstream above NCSR 1138, D Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Quarterly Quarterly Weekly - Downstream at NCSR 2420 ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Requirements Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab *Sample Location I or E E E `E E, U, D E,U,D E E, U, D E E U, D PART I Section B. Schedule of Compliance 1. The permittee shallcomply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements 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. Partl Page 2 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day ofthe 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 Units" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean ofthe counts for samples collected during a calendar week. This limitation is. identified as "Weekly Average" under "Other Units" in Part I of the permit. c. The "maximum daily concentration" is 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 Units" 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. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. Part II Page3of14 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. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part II Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values . is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B, GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within . the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $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)] Part II Page 5 of 14 c. Under state law, a.daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6 (a)] 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), 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 forconsequential 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 onshoreor offshore physical structures or facilities or the undertaking of any work in any navigable waters. ' 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 6 of 14 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request,scopies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit.. 10. Expiration of Permit The permittee is not authorized to discharge after the, expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by :a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,. respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of PartII Page 7 of 14 equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make, the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and- reissued, or terminated for cause.The filing of a request by the permittee for a permit modification, , revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are herebyrevokedby issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, thepermittee 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 orgreater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain. all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and. maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. • 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a. treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation ofthe anticipated quality and affect of the bypass. (2) Unanticipated bypass. The=permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; . Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backupequipment 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. Affect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset. as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part lI,'B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the perrnittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or. control of wastewaters shall be disposed, of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible formaintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last, day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge" rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures .for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; • d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified inthispermit 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). 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part II Page 13 of 14 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description'of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported. within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. , 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. Part II Page 14 of 14 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 15 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public, inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false. statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B . Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. Part III Permit No. NC0079774 D. If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. E. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with any terms and conditions of the NPDES permit or governing rules, regulations and laws. 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. To: Permits and Engineering Unit Water Quality Section Date: October 25, 1990 NPDES STAFF REPORT AND RECOMMENDATIONS County: Iredell NPDES Permit No.: NC 0079774 MRO No.: 90-166 PART I - GENERAL INFORMATION 1. Facility and Address: Davidson Downes Subdivision 267 Canterbury Street Mooresville, North Carolina 28115 2. Date of Investigation: October 10, 1990 3. Report Prepared By: Allen Hardy, Env. Engineer I 4. Person Contacted and Telephone Number: B. K. Barringer, Engineer, (704) 664-7888 5. Directions to Site: From Mooresville travel Highway 115 South to the intersection with Presbyterian Church Road (S.R. 1138). Turn left on. Presbyterian Church Road and travel approximately one mile and the entrance to the subdivision will be on the right. 6. Discharge Point(s), List for all discharge Points: Latitude: 35° 31' 08"• Longitude: 80° 48' 58" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 15E 7. Size (land available for expansion and upgrading): There appeared to be adequate land available for expansion or upgrading. 8. Topography (relationship to flood plain included): The topography consisted of gently rolling hills sloping toward the receiving stream. The plant site did not appear to be in the flood plain. 9. Location of Nearest Dwelling: The nearest existing dwelling is approximately 300-400 feet from the proposed plant location. Proposed residential lots appear to be within approximately 200 feet of the plant. Page Two 10. Receiving Stream or Affected Surface Waters: West Branch Rocky River a. Classification: C b. River Basin and Subbasin No.: Yadkin 03-07-11 c. Describe receiving stream features and pertinent downstream uses: The receiving stream had a well defined channel with a bottom width of approximately 8-10 feet. The stream bed contained a sandy bottom, typical of streams located in a rural farming and agricultural community. The only known discharger to the receiving stream is River Run Subdivision, (NC 0067920). PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 100% Domestic 0% Industrial a. Volume of Wastewater: 0.06 MGD (Design Capacity) b. Types and quantities of industrial wastewater: N/A c. Prevalent toxic constituents in wastewater: N/A d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): The proposed treatment will be an extended aeration system consisting of an equalization/surge tank, aeration tank, clarifier, and chlorine contact chamber. The treatment facilities final design will depend on the assigned discharge limits. 5. Sludge Handling and Disposal Scheme: To be submitted by the engineer prior to receiving an Authorization to Construct. 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Unknown at this time. 7. SIC Code(s): 4952 Wastewater Code(s): Primary: 05 Secondary: Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: No 3. Additional effluent limits requests: Presently there is a basin study being conducted on a certain portion of the Rocky River. The subject receiving stream enters that portion of the Rocky River approximately 6 miles below the proposed discharge. Technical Support may need to consider this when preparing the WLA. 4. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? No Air Quality or Groundwater concerns are expected from this project. 5. Other: No PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Davidson Downes, Inc., has proposed to discharge 60,000 gpd of domestic sewage produced from.a residential subdivision. The proposed facilities will consist of a 20,000 gpd extended aeration wastewater treatment system to accommodate some existing homes and immediate expansion. A second 30,000 gpd plant will be installed as growth and development demand. In a discussion with Don Blaisdell, Construction Grants, he stated that the proposed development and discharge are within the 201 facilities planning area for the Mooresville -Rocky Rocky WWTP. The City, however, has denied the request for the connection of the development to the city sewer. Mr. Blaisdell also explained that there is no language written into the 201 facilities plan that requires the City of Mooresville to accept the development's flow. In a conversation with Rick McLean, Mooresville Town Manager, he stated that the Town Board voted to deny the request for connection to city sewer. This Office would prefer and recommend the proposed wasteflow go to city sewer rather than discharge to the subject receiving stream if this opportunity ever became feasible. .11 Page Four It is recommended that with review and approved by the P & E Unit and Technical Support the permit be issued, provided that other alternatives, such as connection to the Town of Mooresville, are found not to be feasible. Signature of Report Prep (a_ZryWater Qualit Regional E kV:AG/96 Date (o - 3f-- �d ervisor Date • % • 513 1450000 FEET %: 1514 :al Survey M01.1r1:10.- (2 \ V I (72.-/i.•''./. (? 1 :- Al.Q2,_:-/-1----`1,\,,_/.\-}41.'r , •-1-,;-; y --..i---__.:.--, . ---).\...\\ , ... \.,'•; \ \ \._.._.-,"--0 -...---;-"--- ---22-1-.' . • --,e4_,'..,=_.,--... - i . / • ''''' ; "------77) \_q! \ • ,- -..'z,,.. • -/.,....i.-.-_,..„...,_,..) ,..„.. I- -o Am \ z 706; A), 11//:'. • • 827 e rera 800 - ' Cha)3e1" • II • •-• e J • (.( .48 , c- I photogra phs- e system s, !Id lines where , latjon is unchecked ings are shown 515 50' GN 3' 53 MILS 007' 2 MILS UTM GRID AND 1969 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 516 (CORNELIUS) 4854 IV NE SCALE 1:24 000 1000 1-4 0 5 0 1000 2000 3000 4000 5000 6000 1 5 0 FF CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 8022E. OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE 01, N. C. DEPT. OF NATURAL aar, r,-R Esorr ..crs AN State of North Carolina mr"i) Department of Environment, Health, and Natural Res' ourcesml-1 6 i•10E Division. of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 1990 James G. Martin, Govemor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director 9/24/90 Mr. Ray C. Mozeley Davidson Downs, Inc. 267 Canterbury Street Mooresville, NC 28115 Dear Mr. Mozeley : Subject: NPDES Permit Application NPDES Permit No.NC0079774 Davidson Downs Subdivision Iredell County This is to acknowledge receipt of the following documents on Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $200.00, Other September 14, 1990: The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Other present worth analysis for the alternatives listed If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Rosanne Barona (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, CC: oor•esville_Regional_ Off ci e M. Dale Overcash, P.E. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 A.. r..,,-.I ll...,...a. ,.,ia. AR:....of;..c Prrinirw.r. B: K. BARRINGER, JR., P.E. 104 Westfield Center Telephone (704) 664-7888 MOORESVILLE, NORTH CAROLINA 28115 September 12, 1990 NCDEH & NR Division of Environmental Management. Engineering and Permitting Unit P. O. Box 28687 Raleigh, N. C. 27611-7687 Attn: Mr. Dale Overcash, PE, Supervisor NPDES Permits Re: Davidson Downes, Inc. - Ray Mozeley, President Presbyterian Rd. (SR #1138) & Sink Farm Rd. Iredell County, N. C. Dear Mr. Overcash: Engineer/Designer P r 9 Yt Jf' iicm ih*�S E P 4 1990IVI rnlr n ENGINEERING' i 1& j Attached is Short Form D along with a check in the amount of $200, permit fee for a 60,000 GPD discharge from a WWTP. An extended aeration system is proposed. The treatment plant is intended to serve a 128 lot residential subdivision. All waste should be classified as "domestic type". This submittal is intended to address items requested in your August 7, 1990 letter, in which you returned all information in our original submittal. To be in compliance with Sec 29.G.S.143-215.1, all sources of discharge within the system will include water conservation fixtures and all residents shall be made aware of conservative water use habits. Engineering proposal: I. GENERAL INFORMATION: B: Proposed WWTP will be constructed in phases to,accept a total flow of 60,000 GPD. The system will be an extended aeration system consisting of a coll.ection system (gravity with possibly some pumps and force mains), equalization/surge tank, aeration tank, clarifier, and chlorine contact chamber and effluent discharge line. Tertiary treatment may be required, depending on assigned discharge limits. C: Collection system and WWTP will serve existing subdivision of 128 lots. The discharge capacity is calculated on 128 four bedroom residences at 480 GRID = 61,440 GAL/DAY. D: It is proposed to install 30,000 GPD capacity initially to accommodate existing homes and immediate expansion. A second 30,000 GPD capacity will be added when growth demands. Division of Environmental Management page 2 II. EVALUATION OF ENVIRONMENTAL FEASIBILITY OF DISCHARGE ALTERNATIVES A.1.a. The Town of Mooresville has an existing pump station approximately 6,000 ft. north of the discharge point on West Branch Rocky River. Access to this pump station could be obtained via pump station and force main running northward along the creek. Acquisition of right-of-way from private owners would be required. Mr. Mozeley has previously made request to the Town of Mooresville to accept sewage. The Town Board voted to deny this request in 1988. Our conversation with Rick McLean, Town Manager, confirms this. He further advises that the Town Board believes this subdivision to be beyond the bounds of their sewer service area. A.1.b. In a conversation on August 18, 1990 with Richard Franklin, Iredell Co. Engineer, he indicated that Iredell County has no plans to extend sewer service to this area. Any sewer extensions would be through the Town of Mooresville. A.2. Septic systems are now in use with existing homes; however, the presence of provisionally suitable and unsuitable soils within the subdivision will limit development. See letter from the Iredell County Sanitarian. A.3. Spray irrigation system: The Developer advises that there is no land available for this type system. C. The Engineer has made no inquiry into the flow classification of the receiving stream. See attached map for discharge point. Access to the discharge point would be via public road R/W. III. COST ESTIMATES OF COMPARISONS: Alternate I: Collection System (All Conditions) 6000 if 8" collection @ $16 $96,000 contingencies - 20% 19,200 Engineering - 10% 11,520 Total $126,720 Alternate II: Waste Water Treatment Plant 60,000 Gal. @ $3 $180,000 contingencies - 20% 36,000 Engineering - 10% 21,600 Total $237,600 Division of Environmental Management page 3 Alternate III: Pump station & force main to Mooresville Southwest Branch pump station Pump station $30,000 6,000 if - force main @ $8.40 50,400 $80,400 contingencies - 20% 16,080 Engineering - 10% 9,648 Right-of-way - 3.5 Ac. @ $5,000 17,500 $123,628 Mooresville tap & availability fees 128 taps @ $1,025 144,000 Total $267,628 Alternate IV: Spray Irrigation Based on acceptance rate of 0.2"/week 60,000 GPD discharge will require: 77 Ac of land @ $5,000 $385,000 Irrigation tanks, pumps & piping 150,000 Contingencies - 20% 30,000 Engineering - 10% 18,000 Waste Water Treatment Plant 237,000 $820,000 Total An analysis of comparative costs indicates that Alternate I: The Collection System and Alternate II: The Waste Water Treatment System, with discharge into an acceptable stream, are the most cost effective alternatives. Based on these and other conditions herein addressed, we request that a NPDES Permit to Discharge be used for this project. Upon receipt of the permit and limit assignment, we will prepare the necessary plans and apply for a Permit to Construct. Your response is appreciated. Yo,4s truly, B. K. Barringer, Jr., P. N. C. Registration No. 3370 BKB/lrb cc: Encl: Davidson Downes, Inc. NORTH.CAROLJ NA DEPT. OF NATURAL. RESOURCES AND COMMUNITY DEVELOPMENT -ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D To be filed only by services, wholesale and retail trade, and other commercial establishments including vessels FOR ' AGENCY USE Do. not attempt to complete this form without reading the accompanying. instructions Please print or type 1. Name, address, and telephone number of facility producing discharge A. Name Davidson Downes Subdivision 2. SIC APPLICATION NUMBER M ei do 12I19121' DATE RECEIVED 910 I 0;9 I /I471 YEAR M0. DAY B. Street address Presbyterian. Rd. (SR 1138) at Sink Farm Road C. City Mt. Mourne E. County Iredell G. Telephone No. 704 . 8 9 2— 3 7 4 7 (Leave blank) 3. Number of employees Area Code N/A 0. State NC F. ZIP 28123 ;a Mailing Address: }i 20 E " 'tr5�• . Mooresville, NC ry -NCSt. 28115 ' SEP 1d 1990 Pr4MTTC 2. riciF,,rr. ein 4. Nature of .business Treatment Plait Discharge 5. (a) Check here if discharge occurs all year, or (b) Check the month(s) discharge occurs: 1.0 January 2. O February 3.0 March 6.a June 7.0 July 8.0 August 11.0 November. 12.0 December (c) How many days per week: 1.01 . 2.02-3 3.04-5 4.0 6-7 for repidential subdivision 4.0 April 9.0 September 5..0 May 10.0 October 6. Types of waste water discharged to surface waters only (check as applicable) 10) Via.I 4 i AUG -6 1990 PERMITS Rs rN^INFFI,IA.h; Discharge per operating day Flow, gallons per operating day Volume treated before discharging (percent) 0.1-999 (1) 1000-4999 (2) 50004999 (3) 10,000-. 49,999 (4) 50,000 or more (5) None (6) 0.1- 29.9 (7) 30- 64.9 (8) 65- 94.9 (9) 95- 100 (10) A. Sanitary, daily average • V ✓ B. Cooling water, etc.,,. daily average• , C. Other discharge(s), daily average; Specify• •,.{;;� .•::.• ' • , 1. ;::._. •i; , D. Maximum per operat- ing day for combined discharge (all types) ' . 7. If any of the types of waste identified in item 6, either treated or un- treated. are discharged to places other than surface waters, check below as applicable. Waste water is discharged to: 0.1-999 (1) 1000-4999 (2) 5000-9999 (3) 10,000-49.999 (4) 50.000 or more (5) A. 'Municipal .ewer system 0 B. t4ulrr•ijreund wi'11 0 C. Septic tank • 0 D. Evaporation lagoon or pond 0 E. Other, specify; 0 . 8. Number of separate discharge points: A.X1 8. 02-3 C.o 4-5 0.06 or more 9. Name of receiving water or waters Rocky River 10. Does your discharge contain or is it possible for your discharge to contain • • one or more of the following substances added, as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, • chromium, copper,. lead, mercury, nickel, selenium, zinc, phenols, oil and: grease. and chlorine,_(resldual). A. 0 yes e.14no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Ray C. Mozeley Printed Name of Person Signing Title F - D 3- 90 Date Application Signed Signature 267 Canterbury St. Mooresville, NC 28115 Engineer:. B. K. Barringer, P.E. 104 Westfield Ctr. Mooresville, NC 28115 N.C. Registration No. 3370 rth Carolina General Statute 143-215.6(b)(2) provides that: Any person.who knowingly makes y false -statement representation,•or certification in any application, -record, report, plan, other document files or required to be maintained'under Article 21 or regulations of the ,vironmeatal Management Commission implementing that Article, or.who falsifies, tampers with, knowly renders inaccurate.any;recording or monitorittg:device or method required to be . erated or maintained under. " Article; •2.i;•or. regulations •.of the ,Enviromnental Management Commissio plementing.thatArticle, shali''•be i�;�.tv of" a' misdemeanor punishable by a •fine not. to exceed 0,000, or by imprisonment -not to exceed six months,•or by both. (18 U.S.C. Section 10.01•provid: punishment by a fine of -not. more than $10,000 or imprisonment not pore than 5 years, or both, r a similar offense.) IREDELL COUNTY HEALTH .DEPARTMENT 412 East Center Avenue • Mooresville, North Carolina 28115 • (704) 664-5281 August 10, 1990 William D. Mashburn, M.P.H. Health Director Mr. B. K. Barringer, Jr. P.E. 104 Westfield Center NC 150 & US 21 Mooresville, N C. 28115 Dear Mr. Barringer: You recently requested information regarding the amount of unsuitable lots in Davidson Downes Subdivision off SR1138 (Presbyterian Road). Unfortunately I do not have thorough enough information to provide any exact figures due primarily to the fact that not all the lots have been evaluated by this department. I have done evaluations on some of the lots and in the process have gathered enough information to make a rough estimate. Those lots with unsuitable soils are primarily on Buckingham Place with a few on the first part of Canterbury Street. Prior evaluations have revealed a soil change to unsuitable in the vicinity of lots 66 and 88 and proceeding around past Stratford Court. I estimate up to 24 lots may be unsuitable in respect to soils. There are a number of lots that have very complex topography and drainage. At this time I do not have an idea of the number that might be unusable because of those factors. Unless site evaluations are performed on the remaining lots, then the information I have provided can be considered, at best, an educated guess. I hope this information will be of use to you. Please contact me if you have any questions. Sincerely, David R. Hinson, Environmental Health Specialist DH:fr ' B. K. BARRINGER, JR., P.E. Engineer/Designer 104 Westfield Canter Telephone (704) 884.7888 MOORESVILLE. NORTH CAROUNA 28115 kugust 20, 1990 Richard McLean, Manager ['own of Mooresville P. O. Box 878 400resville, N.C. 28115 Re: Application for NPDES Permit to Discharge Treated Effluent from WWTP serving Davidson Downs Subdivision (SR 1138) into West Branch Rocky River, Iredell County, N.C. Dear Mr. McLean: As required by the General Statute and as outlined on the attached -- instructions, "Local Government Review Requirements for the Issuance of New Aonmunicipal Domestic Wastewater Discharge Permits", we are attaching a (raft of the permit -application which is to be submitted to the Engineering and Permitting Unit of the N.C. Dept. of Environment, Health, and Natural Resources, Division of Environmental Management. 4e ask that. this form be completed and returned to me within the prescribed Fifteen (15) days. Your written statement should indicate whether or not the Town has in effect a zoning orsubdivision ordinance; and if such an prdinance is in effect, whether the proposed facility is in compliance with the ordinance. Please call me if we can provide you with additional information. Your truly . K. Barringer, Jr., N. C. Registration No. BK8/lrb Encl. Local Government Review Requirements for the Issuance of New Nonmunicipal Domestic Wastewater Discharge Permits General Statute Overview On October 1, 1989. an amendment to North Carolina General Statute 143-215.1, denoted as 143-215.1 (c) (6), became effective. The amendment allows input from local governments in the issuance of NPDES Permits for nonmunicipal domestic wastewater treatment facilities. The new language requiresthat the Commission (Environmental Management Commission) shall not act on an application for a new nonmunicipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located . The written statement shall state whether the city or county has in effect a zoning or subdivision ordinance and. if such an ordinance is in effect, whether the proposed facility is consistent with the ordinance. The Commision shall not approve a permit application for any facility which a city or county has determined to be inconsistent with its zoning or subdivision ordinance unless it determines that the approval of such application has statewide significance and is in the best interest of the State. instructions to the Applicant Prior to submitting an application for a NPDES Permit for a proposed project. the applicant shall request that both the nearby city and county government complete this form. The applicant must submit a copy of the draft permit application and shall make a written request for this form to be completed to the clerk of the city and county by certified mail, return receipt requested. If a (or both) local government(s) fail(s) to mail the completed form, as evidenced by the postmark on the certified mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application for a discharge permit. As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the 15 day period. instructions to the Local Government The nearby city or county government which may have or has jurisdiction over any part of the lands on which the .proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days of receipt. The form must be signed and notarized. Name of local government TOWN .OF MOORESV I LLE (City/County) Does the city/county have jurisdiction over anof the lands on which the proposed facility and its appurtenances are to be located? Yes In If no, please sign this form, have it notarised. and return It to the applicant. Does the 0V/county have in effect a zoning or subdivision ordinance? Yes riV No ❑ If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes ❑ No ❑ Date a8/3/ A 16 Signature • •��- (City Manager/CountyManager) State of tlorth Carol. i na , County of I redell On this ' 31,s t day of August • , .19 90 , personally appeared before me, the said name • • Richard A. McLean . to me known and known to me to be the person described in and who executed the foregoing document and he (or • • owledged that he (or she) executed the same and being duly sworn by me, made oath that the m 'nts in4he foregoing document are true. MyCommision expires 10-22 ,1994 (Signature ofNotaryPublic) Notary I1c(Offlcta eal) B.' K. BARRINGER, JR., P.E. 104 Westfield Center Telephone (704) 884-7888 MOORESVILLE, NORTH CAROUNA 28115 August 20, 1990 Joel Mashburn Iredell County Manager P. O. Box 788' Statesville, N.C. 28677 Ensineer/Desigrier Re: Application for NPDES Permit to Discharge Treated Effluent from WWTP serving Davidson Downs Subdivision (SR 1138) into West Branch Rocky River, Iredell County, N.C. Dear Mr. Mashburn: As required by the General Statute and as outlined on the attached instructions, "Local Government Review Requirements for the Issuance of New Nonmunicipal Domestic Wastewater Discharge Permits", we are attaching a draft of the permit application which is to be submitted to the Engineering and Permitting Unit of the N.C. Dept. of Environment, Health, and Natural Resources, Division of Environmental Management. We ask that this form be completed and returned to me within the prescribed fifteen (15) days. Your written statement should indicate whether or not the County has in effect a zoning or subdivision ordinance; and if such an ordinance is in effect, whether the proposed facility is in compliance with the ordinance. Pleasecall me if we can provide you with additional information. Yours uly, . Bar finger, Jr., P. N. C. Registration No. 33 BKB/lrb Encl. Local Government Review Requirements for the Issuance of New Nonmunicipal Domestic Wastewater Discharge Permits General Statute Overview On October 1, 1989, an amendment to North Carolina General Statute 143-215.1, denoted as 143-215.1 (c) (6), became effective. The amendment allows input from local governments in the issuance of NPDES Permits for nonmunicipal domestic wastewater treatment facilities. The new language requiresthat the Commission (Environmental Management Commission) shall not act on an application for a new nonmunicipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located . The written statement shall state whether the city or county has in effect a zoning or subdivision ordinance and, if such an ordinance is in effect, whether the proposed facility is consistent with the ordinance. The Commision shall not approve a permit application for any facility which a city or county has determined to be inconsistent with its zoning or subdivision ordinance unless it determines that the approval of such application has statewide significance and is in the best interest of the State. Instructions to the Applicant Prior to submitting an application for a NPDES Permit for a proposed project, the applicant shall request that both the nearby city and county government complete this form. The applicant must submit a copy of the draft permit application and shall make a written request for this form to be completed to the clerk of the city and county by certified mail, return receipt requested. If a (or both) local governments) fail(s) to mail the completed form, as evidenced by the postmark on the certified mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application for a discharge permit. As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the 15 day period. Instructions to the Local Government The nearby city or county government which may have or has jurisdiction over any part of the lands on which the proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days of receipt. The form must be signed and notarized. Name of local government I r e d e l l County (City/County) Does the city/county have jurisdiction over an art of the lands on which the proposed facility and its appurtenances are to be located? Yes ® No al If no, please sign this form. have it notarized. and return it to the applicant. Does the city/county have in effect a zoning or subdivision ordinance? Yes ® No ❑ If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes ❑ No, ❑ Must also comply with the unity Wastewa r Disposal System Ordinance Signature (City Manager/CountyManager) Date nR/2R/qn f/ I ,C.�i, efCI � ) , County of On this day of a , 19 90 , personally appeared before me, the said name -.el__4Y) a�c.4 to me known and known to me to be the person describe in and who ezecuted the foregoing document and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me. made oath that theetatements in the foregoing , document are true. My Comm ision expires State of .19 g/ . (Signature ofNotaryPublie)/ Notary Public (Official Seal) LEGEND SERVICE AREA 7 CURRENT EXPANSION OF CURRENT FUTURE PUMPING STATION OUTFALL / SEWER FORCE MAIN • t. „ iL7�. :-• :? 1 • • .' " '\ . tea - .a un v 1-; • CABLFNuc CGUN?t -DAV IVS6N VowuS TOWN OF MOORESVILLE SENGI( WATER a WASTEWATER PLANNING FIGURE 5 FACILITIES TO EXTEND CURRENT SERVICE AREA QI ROCKY RIVER WWTP EXPANSION 0 ROCKY RIVER OUTFACE 0 NORTH MT. MOURNE OUTFACE ® I-77/'US 21 PUMPING STATION it FORCE MAIN' 0 REEDS CREEK PUMPING STATION EXPANSION d NEW FORCE MAIN ® N C 150 OUTFALL 07 UPPER REED CREEK OUTFALL ® SOUTH FORK WITHROW CREEK OUTFALL & TREATMENT PLANT ® BACK CREEK PUMPING STATION FORCE MAIN & OUTFALL FACILITIES TO SERVE FUTURE SERVICE AREAS SOUTH - WEST BRANCH PUMPING STATION, FORCE MAIN A OUTFALL S»UTH - MT. MOURNE OUTFALL JOHNSON DAIRY ROAD OUTFALL 1-77 REST STOP AREA PUMPING STATION, FORCE MAIN & OUTFALL BLUEFIELD RD. PUMPING STATION, FORCE MAIN & OUTFALL PERTH RD. PUMPING STATION & FORCE MAIN CANVASBACK TRAIL PUMPING STATION & FORCE MAIN SUNDOWN PUMPING STATION d FORCE MAIN LANGTREE RD. PUMPING STATION & FORCE MAIN - TEMPLETON ROAD PUMPING STATION d FORCE MAIN WASTEWATER SERVICE EXTENSIONS 9a e .1: C �.n ![YP..11n 19116 3931 300 .ET '930 9 0' '52'30" CORNELIUS 1.5 MI CHARLOTTE 20 MI M2nper1 edited. arv1 published by tho raolp?iC2! SUwov 913 1450000 FEET / 515 50' i ( •RNEL1US) 1 4854 IV NE crt r F i ozim., r 800 .7QS_�`%'1 SALES INFORMATION PHONE 399 0695 Charlotte (day) 892 3747 Davidson (Nights) Ray Mozeley DAVIDSON DOWNES AIM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor June 18; 2008 den H. K$ullin CERTIFIED MAIL ITEM 7002 0860 0006 5836 0052 - RETURN RECEIPT REQUESTED JUN 2 7 2008 Ray C. Mozeley 218 Canterbury P1 Mooresville, NC Dear Permittee: 28115 NC DENR MRO Subject: Notice of Vio Q-Surface Water Protection Failure to Submit Renewal Application NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County The subject permit's expiration date is November 30, 2008. Federal [40 CFR 122] and state (15A NCAC 2H.0105 (e)) regulations require that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than June 3, 2008. As of this date, the Division has not received your renewal application. This is a violation of Part II. B. 10. of your permit, which states "Any permittee that 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.". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than July 3, 2008. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge from your facility has ceased and you wish to rescind this permit [or if you have any questions] please contact Charles H. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Coleen H. Sullins cc: Central Files Mooresville Regional. Office,S.urface Water.Protection� NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ncmail.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance' of the last permit. Submit one signed original and two copies. o The completed application form (copy attached),signed by the permittee or an Authorized _Representative. Submit one signed original and two copies. o'If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, submit written documentation showing the authority delegated to any such Authorized Representative (see Part II.B.I1.b of the existing NPDES permit). o . A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following item must be submitted by Industrial or Municipal facilities discharging industrial process wastewater: o Industrial facilities classified as Primary Industries, (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA cannot be completed by the time you complete your application package, submit the application package without the PPA. Submit the PPA as soon as possible after you receive the completed analyses. The above requirement does NOT apply to non -industrial facilities. Send the completedrenewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Ray C. Mozeley Davidson Downes Subdivision 218 Canterbury Place Mooresville, NC Dear Permittee: rA NCDENR 28115 Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality May 14, 2003 Subject: Renewal Notice NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County Your NPDES permit expires on November 30, 2003. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed atleast 180 days prior to expiration of the current. permit.. If you have already mailed your renewal application,.you.may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than June 3, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after November 30, 2003, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina. General Statute 143-215.1; unpermitted discharges of wastewater may result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact Valery Stephens at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Mooresville Regional_Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 Visir us ON THE iNTERNEr @ http://h2o.enr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NC0079774 Davidson Downes Subdivision Iredell County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. ..The following.items must be submitted by any.:Municipal or Industrial facilities .discharging:: process wastewater: Industrial facilities' classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT. apply to privately owned facilities -treating 100% domestic wastewater, or facilities which discharge non -process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A,\Preston Howard, Jr., P:E., Director February 11, 1999 Ray C. Mozeley avi�son Heiwrls, Inc. 267 Canterbury Street Mooresville, NC 28115 A7A NC DENR slat. t FEB 1.5 1999 ObtalkiE M rani Subject: Renewal of NPDES Permit NC0079774 Davidson Downs Subdivision Iredell County Dear Permittee: The subject permit expires on September 30, 1999. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than April 3, 1999. Failure to request renewal by April 3, 1999 will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30, 1999 (or if continuation of the permit is desired), the permit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after September 30, 1999 would violate NCGS 143.215.1 and could result in assessment of civil penalties of up to $10,000 per day. If all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items which you must submit when applying for renewal of the subject permit. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files (Mooresville -Regional Office, Water Quality Section z NPDES Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us NC DENR /DWQ / NPDES Permit Renewal Applications Renewal Package Checklist NPDES Permit NC0079774 • Davidson Downs, Inc. Iredell County The following items are REQUIRED for all renewal packages: A cover letter requesting the renewal and documenting any changes at the facility sinee'issuance.of the last permit. Submit one signed original and two. copies. The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.11.b. of the current NPDES permit). A narrative description of the sludge management plan at the subject facility. If your facility has no sludge. management plan, explain the reason for this in your cover letter. Submit one original and two copies. The following item applies ONLY to Industrial facilities which discharge process wastewater Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The PPA requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: There is no renewal fee required with your application. Changes to the NPDES permit fee schedule took efffect on January 1,1999. Consult the enclosed fee schedule to for details. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICEb DIVISION OF WATER QUALITY June 16, 1999 Ronald Coleman 164 Kaywood Lane Statesville, North Carolina 28677 Subject: Wastewater Discharge Permit Ronald Coleman NPDES Permit No. NCG550000 Cert. of Coverage No. NCG550342 Iredell County, NC Dear Mr. Coleman: Our files indicate that the subject wastewater discharge permit was issued to Mr. Ronald Coleman for a wastewater discharge from the subject residence. The Mooresville Regional Office requests that you contact this Office if you do not have a copy of the subject permit, if a change in property ownership has occurred, or if you have any questions regarding this matter. Pursuant to conditions of North Carolina General Permit Number NCG550000, the following documentation must be kept and readily available for inspection for a period of at least three years: ► required maintenance activities relating to the wastewater treatment system ► yearly sample analyses results for the parameters listed on the effluent limitation/monitoring page of the permit ► required inspections of disinfection apparatus and septic tanks Please do not hesitate to contact Roberto Scheller at (704) 663-1699 if you have any questions. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Iredell County Health Department rls 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary AT•C4YA DEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT January 25, 1996 Ronald and Linda Coleman< 164 Kaywood Lane Statesville, North Carolina 28677 Subject: NPDES Permit No. NCG550342 Coleman Residence (formerly the Cassell Residence) Iredell County Dear Mr. and Mrs. Coleman: Our records indicate that NPDES Permit No. NCG550342 was issued on January 22, 1996 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. If so you will receive a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The Permit sets forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements. in the event ofnoncompliance, bypasses,'' treatment unit/process failures, etc. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms, and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violations (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with. the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order 'may be'necessary,while pursuing action to obtain, compliance. 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded or transferred to another party, if necessary. As mentioned previously, advise you of the importance of permit and contact this office you have any questions or need providing any assistance. Enclosure DRG:ls the purpose of this letter is to your NPDES Permit. Please read the at 704/663-1699 in Mooresville if clarification. We look forward to Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor