NC0003719_NPDES Permit_20090904

• ArA•
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Caleen H. Sullins
Director
September 4, 2009
Craig Leite, Cedar Creek Site Manager
DAK Americas LLC
3468 Cedar. Creek Road
Fayetteville, North Carolina 28301
Subject:
Dear Mr. Leite:
Dee Freeman
Secretary
d .. J
[1:31.1u�
Issuance of NPDES Permit NC0003719
DAK Americas LLC — Cedar Creek Site
3468 Cedar Creek Road
Fayetteville, NC 28301
Cumberland County
The Division of Water Quality (DWQ or the Division) hereby issues this permit pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 10, 2007,
or as subsequently amended.
With change of ownership documented in February 2005, DAK submitted preliminary
comments on the draft permit on May 08, 2009; met with DWQ on May 22; resubmitted
comments on May 29 including a revised Engineering Alternative Analysis (EAA); and finally,
DAK responded to the DRAFT FINAL with comments received August 18, 2009. Based on this
correspondence and review, the Division offers the following discussion of the permit FINAL:
1. DAK requested that DWQ correct the permit Supplement to Cover Sheet by revising the list of
treatment -system components, and has provided corrections. DWQ has made these corrections.
2. Facility Grade and Related Monitoring. Considering the agreed -to FINAL permitted flow of 0.500
MGD, DAK requests that DWQ reclassify the WWTP from a Grade III to a Grade II, and thereby
decrease the effluent monitoring frequencies from 3/Week to the appropriate 1/Week. The Division
has no objections and has made this change. Likewise, receiving -stream monitoring is reduced to
1/Week - no variation in winter [see permit Section A.(1.)].
3. OCPSF Monitoring. DWQ has previously relaxed most OCPSF monitoring frequencies from
1/Quarter to the current 1/Year based on minimal detection. For renewal based on this analytical
record, DAK requests that DWQ allow DAK to discontinue monitoring of all OCPSF-listed
parameters. DAK sites state regulations granting the Director discretionary authority to honor this
request. However; the Division does not agree that "no monitoring" serves to adequately govern the
receiving -stream environment. DWQ therefore must deny DAK's request. However, based on the
analytical record, DWQ will relax the monitoring frequency of water -quality based parameters [2,6-
Dinitrotoluene (code 34626) and Hexachlorobenzene (code 39700)] and metals from 1/Quarter to
1/Year consistent with the other OCPSF parameters in this permit [see permit Section A.(1.)].

9/3/2009
Issuance of NPDES permit NC0003719
DAK Americas LLC
Page 2 of 3
4. Ammonia Limits and Monitoring. DAK requested that DWQ modify permit limits for ammonia
(NH3 as N), reinstating 35 & 70 lbs/day (summer); 70 & 140 lbs/day (winter), Monthly Average &
Daily Maximum, respectively, from the previous permit (Phase II at0.500 MGD). These previous
permit limits are in error and were not adjusted proportionally to flow. The Division corrected these
errors for the DRAFT FINAL to 13 & 26 lbs/day (summer); 26 & 52 lbs/day (winter) consistent
with flow -proportional BOD/NH3 limits since 1989 based on modeling considering receiving -
stream capacity. No changes recommended (see Fact Sheet Addendum 1). Based on monitoring
data from 2005 through 2008, DAK has not exceeded these new NH3 limits and should have no
problem with future permit limit compliance.
5. Permit Limits - Recalculation. For permit issuance, DWQ recalculated draft permit limits and
monitoring conditions using OCPSF-regulated flow only. The Division used the agreed -upon long-
term average of 0.228 MGD, excluding non-OCPSF regulated flow proposed for the plastics
recycling facility (PRF) wastes generated under SIC Code 5162 [see permit section A. (1.)]. DWQ
recalculated OCPSF §414.41 limits as:
Flow (0.228 MGD) x 64 mg/L x 8.34 lbs/gal for Daily Maximum, and
Flow (0.228 MGD) x 24 mg/L x 8.34 lbs/gal for Monthly Average
6. Proposed Plastics Recycling Facility (PRF) — Revised Special Condition A. (5.). Contrary to the
draft permit, PRF construction does not require an Authorization to Construct (ATC) Permit.
However, an ATC is required for any additional treatment units or processes necessary to treat PRF
wastes. Therefore, during construction of the proposed PRF (with process -contact flow estimated at
0.111 MGD), DAK shall designate a sampling location, as Internal Outfall 001, influent to the
onsite WWTP whereby the Permittee may sample and analyze PRF wastes prior to mixing with
other wastes. No later than 180 days prior to receiving wastes from said PRF, DAK will provide a
written report characterizing PRF wastes generated under SIC 5162, in accord with revised permit
Special Condition A. (5.).
7. Total Residual Chlorine (TRC) — A TRC limit has been added to the permit (28 ug/L), consistent
with the new statewide standard for chlorine. However, compliance is. required only if chlorine is
used, and because of difficulties quantifying TRC in a wastewater matrix, values detected below 50
ug/L will be considered compliant with this permit [see permit, Part 1. (A.), TRC footriote].
8. Stormwater Outfalls — DAK hasrequested the Division to combine wastewater point -source
permitting with existing stormwater outfalls permitted under NCS000389. The Division must deny
this request as it moves toward separating wastewater and stormwater permits statewide due to
significant complications governing permit monitoring and renewal. Therefore, all stormwater
outfalls previously attached to this permit are hereby transferred and will be reviewed and renewed
as appropriate under the requirements of stormwater permit NCS000389 (in progress).
If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable,
you have the right to an adjudicatory hearing upon written request within thirty (30) days after receiving this
letter. Your request must take the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes, and must be filed with the office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this permit remains final and
binding.

943/2009
Issuance of NPDES permit NC0003719
DAK Americas LLC •
Page 3 of 3.
This permit is not transferable except after notifying the Division of Water Quality. The Division may modify
and re -issue, or revoke this permit. Please notice that this permit does not affect your legal obligation to obtain
other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area
Management Act, or other federal or local governments.
If you have questions, or if we can be of further service, please contact Joe Corporon at
[Joe.Corporonna,ncdenr.gov] or call [phone].
Respectfully,
Coleen H. Sullins
1`
Enclosure: NPDES Permit FINAL NC0003719
Fact Sheet Addendum 2
cc: ayetteville Regional Office/Surface Water Protection Section, Attu: Mark,Brantley
IDES Program
PERCs Unit [e-copy]
Technical Assistance and Certification Unit [e-copy]
Stormwater Permitting Unit, Attn: Jennifer Jones [e-copy]
Aquatic Toxicology Unit, Attn: Susie Meadows [e-copy]
EPA Region 4, Attn: Marshall Hyatt [permit + application + Fact Sheet Addendum 2]
DAK Americas LLC, Attn: Elizabeth Wike (ORC)
3500 Daniels Road, N.E., Leland, NC, 28451

Permit NC0003719
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL. POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
Incompliance 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,
DAK Americas LLC
is hereby authorized to discharge wastewater from a facility located at
DAK Americas LLC - Cedar Creek Site
3468 Cedar Creek Road,. Fayetteville
Cumberland County
to receiving waters designated as the Cape Fear River in the Cape Fear 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 October 1, 2009. '
This permit and authorization to discharge shall expire at midnight on October 31, 2011.
Signed this day September 4, 2009.
Coleen H. Sullins, Director
) ( Division of Water Quality,
• By Authority of the Environmental Management Commission

Permit NC0003719 __
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective.
Therefore, the exclusive authority to operate and discharge from this facility arises under the permit
conditions, requirements, terms, and provisions described herein.
DAK Americas LLC
is hereby authorized to:
1. continue to operate an existing 0.500 MGD wastewater treatment plant (WWTP) consisting of
• flow equalization,
• spill basin
• pH adjustment
• oil skimming
• dual aeration basins
• clarifier
• parshall flume
• sludge pump station
• an aerobic digester
• aerated biosolids holding basin
• biosolids drying beds, and associated equipment
located at the DAK Americas LLC - Cedar Creek Site, 3468 Cedar Creek Road, south of Fayetteville
in Cumberland County, and
2. after constructing a plastics recycling facility (PRF), locate internal PRF Outfall 001 (influent to
the existing WWTP) upstream of any wastewater treatment, and after characterizing the PRF
wastestream and identifying any new wastewater treatment units and/or processes required to
treat PRF process -contact wastes [See Special Condition A. (5.)], apply for and receive an
Authorization to Construct (ATC) permit from Construction Grants and Loans, and
3. prior to discharge from said PRF, apply to the Division and receive an Authorization to Operate
(ATO) new wastewater treatment components, and
4. discharge from said treatment works and plastics recycling facility via Outfall 002 (located on the
attached map) into the Cape Fear River, a Class C waterbody within the Cape Fear River Basin.

DAK Americas, LLC
Cedar Creek Site
Receiving Stream: Cape Fear River Stream Class: C
Drainage Basin: Cape Fear River Basin Sub -Basin: 03-06-15
Latitude: 34° 58' 42" N Longitude: 78° 47' 02" W
State Grid/Quad: H 23 NE / Cedar Creek, NC
. 1
North
Facility .„: ,,
.
Location t_ i
not to scale
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NPDES Permit NC0003719
Cumberland County

Permit NC0003719
A. (1.). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as
specified below:
;..`S'
fflnent..,'.
i
'er stics
:F�
:h 'c
ts '� �'
r: -
C1» e'1,Fii,`P:'�s: yrr ....
: . . , r'!;,;Monrtorin'g
` Re uiremenfs 4
MonthT
Avera "e �
yDa it
Maximum' .
Measurement
,,?
', . Fr ; e ueiic
-=Sam` -le
� �, P
:T 0e.
Sample .
. P. -
;Location:
Flow
0.500 MGD
Continuous
Recording
I or E
Total Suspended Solids (TSS)
76 lbs /day
247 lbs/day
1/Week
Composite 2
E
BOD5, 20°C (April 1— October 31)
46 lbs /day
122 lbs /day
1/Week
Composite 2
E
BOD5, 20°C (November 1 — March 31)
92 lbs /day
244 lbs /day
1/Week
Composite 2
E
NH3-N (April 1-October 31)
13 lbs /day
26 lbs /day.
1/Week
Composite 2
E
NH3-N (November 1 — March 31)
26 lbs /day
52 lbs /day
1/Week
Composite 2
E
Fecal Coliform (geometric mean)
1/Week
Grab
E
Total Residual Chlorine 3
28 µg/L '
1/Week
Grab
E
Temperature (°C)
1/Week
Grab
E
Dissolved Oxygen 4
1/Week
Grab
E
pH
Not <6.0 nor > 9.0 standard units
1/Week
Grab
E
Total Nitrogen (NO2 + NO3 + TKN)
1/Quarter
Composite 2
E
Total Phosphorus
1/Quarter
Composite 2
E
Acute Toxicity 5
1/Quarter
Composite 2
E
Dissolved Oxygen 6
1/Week
Grab
U & D
Temperature (°C) 6
1/Week
Grab
U & D
Conductivity 6
1/Week,
Grab
U & D
Footnotes:
1 E = Effluent; I = Influent; U = upstream 2 mi. from Outfall. D = downstream, 100 yards upstream of Lock and Dam #3.
2 Composite samples must be refrigerated.
3 Total Residual Chlorine (TRC) - the Permittee shall continue to report all values recorded using North Carolina -
certified field and lab test methods. However, because low-level TRC is difficult to quantify in -a wastewater matrix,
the Division shall consider all effluent values reported below 50 pg/L to be compliant.
4 Effluent dissolved oxygen (DO) shall not fall below 5 mg/L. The Permittee shall collect effluent DO samples from the
box combining effluents of Outfalls 001 and 002.
5 Whole Effluent Toxicity (WET) testing; acute toxicity P/F at 90% using Fathead Minnow. WET tests shall be
conducted in February, May, August and November [See Part A. (2.)]. The Permittee shall collect toxicity samples
from the box combining effluents of Outfalls 001 and 002.
6 Receiving Stream Monitoring — As a member of the Middle Cape Fear River Basin Association, the Permittee's
instream monitoring responsibilities are hereby waived by Memorandum of Agreement. However, should this
membership terminate for any reason, the Permittee shall notify the Division immediately, and the Permittee shall
immediately resume instream monitoring requirements, as specified herein.
The Permittee shall add no chromium, zinc, or copper to the treatment system except as pre -approved
additives to biocide compounds or those resulting from the normal degradation of process piping or equipment.
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
Additional effluent limitations, monitoring requirements, and special conditions apply to this permit
[see tables, Part A. (1.), continued, and Special Conditions A. (2.) through A. (5.)].

Permit NC000370,- • •
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued)
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized -to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee for
OCPSF parameters, as specified below:
Effluent!..-17;.-e-,,2,
..,c''.-.,.
ii.,400404,. .
- ' ' - ' ' ,•, t,
,:_1,,, -.',. -,, s' •,' ,, z.•
(-•.,-. ''.,., , -- - ,-0,, f::, ,
.
., . , ,,,,,,,..i: , ' -
..-glint. g,..,;-• ''
:,,,z,.,. ,, „ :,-,
;-,,.,-,,T7,.-- -: - equirenien*,,.„.,
14ea'siiitepri6nt
Frequency
' '.,, 1-' .---• - ,.-2;-,:']':';q's.',"
oidtpring
;,,l',.4ipp,IP,-.,
Type
,:`.--,',,,,,,,:„..l'hil.,,,
,,., .„...,,_.,
t.44-:-.'
DAILY''' .,,
'MONTHLY',,,.':-,,
_
'RA-Q-Ki-,•:
'-(pounds/day.
..,.,,'i:
'.:**V.Nt:
1(pbiindSidaY.).
Acenaphthene
0.112
0.042
1/Year
Grab
Effluent
Acenaphthylene
0.112
0.042
1/Year
Grab
Effluent
Acrylonitrile
0.460
0.183
1/Year
Grab
Effluent
Anthracene
0.112
0.042
1/Year
Grab
Effluent
Benzene
' 0.259
0.070
1/Year
Grab
Effluent
Benzo(a)anthracene
0.112
0.042
1/Year
Grab
Effluent
3,4-Benzofluoranthene
0.116
0.044
1/Year
Grab
Effluent
Benzo(k)fluoranthene
0.112
0.042
1/Year
Grab
Effluent
Benzo(a)pyrene
0.116
0.044
. 1/Year
Grab
Effluent
Bis(2-ethylhexyl) phthalate
0.531
0.196
1/Year
Grab
Effluent.
Carbon Tetrachloride
0.072
0.034
1/Year
Grab
Effluent
Chlorobenzene
0.053
0.029
1/Year
Grab
Effluent
Chloroethane
0.510
0.198
1/Year
Grab
Effluent
Chloroform
0.087
0.040
1/Year
Grab
Effluent
2-Chlorophenol
0.186
0.059
1/Year
Grab
Effluent
Chrysene
0.112
0.042
1/Year
Grab
Effluent
Di-n-butyl phthalate
0.108
0.051
1/Year
Grab
Effluent
1,2-Dichlorobenzene
0.310
0.146
1/Year
Grab
Effluent
1,3-Dichlorobenzene
0.084
0.059
1/Year
Grab
Effluent
1,4-Dichlorobenzene
0.053
0.029
1/Year
Grab
Effluent
1,1-Dichloroethane
0.112
0.042
1/Year
Grab
Effluent
1,2-Dichloroethane
0.401
0.129
1/Year
Grab .
Effluent
1,1-Dichloroethylene
0.048
0.030
1/Year
Grab
Effluent
1,2-trans-Dichloroethylene
0.103
0.040
1/Year
Grab
Effluent
2,4-Dichlorophenol
0.213
0.074
1/Year
Grab
Effluent
1,2-Dichloropropane
0.437
0.291
1/Year
Grab
Effluent
1,3-Dichloropropylene
0.084
0.055
1/Year
Grab
Effluent
Diethyl phthalate
0.386 -
0.154
1/Year
Grab
Effluent
2,4-Dimethylphenol
0.068
0.034
1/Year
Grab
Effluent
Dimethyl phthalate
0.089
0.036
1/Year
Grab
Effluent
4,6-Dinitro-o-cresol
0.527
0.148
1/Year
Grab
Effluent
2,4-Dinitrophenol
0.234
0.135
1/Year
Grab
Effluent
2,4-Dinitrotoluene
0.542
0.215
1/Year
Grab
Effluent
Ethylbenzene
0.205
0.061
1/Year
Grab
Effluent
Fluoranthene
0.129
0.048
. 1/Year
Grab
Effluent
Fluorene
0.112
0.042
1/Year
Grab
. .
Effluent
[Part A. (1.) continues on next page]

Petmit NC0003719
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(OCPSF - Continued)
,',,.., ,
Arne:tertstIct,,-
'- ' ,.;
,,,,,;'...i,:: ' Limits '' ,
';:.:--',;- ' :,,Vtg.if::f;01.,: - ;;;,,-,L;,,
n''''"' ''.7:36i,-WM',''',:';-;',,,,sw!"'•'x':,i':,:'-.I4v;;'i ;,.Y.i. , --
, , ' tinitUtiiiiIRe4nifeiiiiii
'4:„ , " -;;;-,i;',;2;:?;7:'';!:;,,V4='''!-,:-":-.'!;
;;;;;f;; i;:s; ',i,'' ''',:P -.i''; V i
, , ;., r;, *
1 '''''. .•:,,PAI.PY -;.;'
,1!, ,A, .; ,, ; - ,, ,, ; .
r.,yi-Ammulyi,
(pounds/day) :
:MONTHLY ,
„.„ , - 1- ..•-• :
:AyptAGE,:-:
(iiiiiiiidgid4j,,2
,
Measurement
, ,,.i
,, Frequency.?„.:)7i;-',i'-s!
r-,', il;:,-.,• ,
,,Satnple':
':j.T.O:'/'
,„:;,,:i
....,,T,,saniole,,,',,i,
:.y„.. :: .. ,
i.-:I.e.,0i)i:,-,y,;
Hexachlorobenzene 1
1.6 ps/L
0.03 pg/L
1/Year
Grab
Effluent
Hexachlorobutadiene
0.093
0.038
1/Year
Grab
Effluent
Hexachloroethane
0.103
0.040
1/Year
Grab
Effluent
Methyl Chloride
0.361
0.164
1/Year
Grab
Effluent
Methylene Chloride
0.169
0.076
1/Year
Grab
Effluent
Naphthalene
0.112
0.042
1/Year
Grab
Effluent
Nitrobenzene
0.129
0.051
1/Year
Grab
Effluent
2-Nitrophenol
0.131
0.078
1/Year
Grab
Effluent
4-Nitrophenol
, 0.236
0.137
1/Year
Grab
Effluent
- 2,6-Dinitrotoluenei
49.0 pg/L
0.48 µg/L
1/Year
• Grab
Effluent
Phenanthrene
0.112
0.042
1/Year
Grab
Effluent
Phenol
0.049
0.029
1/Year
Grab
Effluent
Pyrene
0.127
0.048
1/Year
Grab
Effluent
Tetrachloroethylene
0.106
0.042
1/Year
Grab
Effluent
Toluene
0.152
0.049
1/Year
Grab
Effluent
1,2,4-Trichlorobenzene
0.266
0.129
1/Year
Grab -
Effluent
1,1,1-Trichloroethane
0.103
0.040
1/Year
Grab
Effluent
1,1,2-Trichloroethane
0.103
0.040
1/Year
Grab
Effluent
Trichloroethylene
0.103
0.040
1/Year
Grab
Effluent
Vinyl Chloride
0.510
0.198
1/Year
Grab
Effluent
Metals and Toxicants
-
Total Chromium
5.3
2.1 •
1/Year
Grab
Effluent
Total Copper
6.4
2.8
1/Year
Grab
Effluent
Cyanide
2.3
0.8
1/Year
Grab
Effluent
Total Lead
1.3
0.6
1/Year
Grab
Effluent
Total Nickel
7.6
3.2
1/Year
Grab
Effluent
Total Zinc
5.0
2.0
1/Year
Grab
Effluent
1. Water -quality based limit.

Permit NC000371p,
SPECIAL CONDITIONS AND MONITORING REQUIREMENTS
A. (2.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
The Permittee shall conduct acute toxicity tests 1/Quarter using protocols defined in the North Carolina
Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity in a Single Effluent
Concentration" (Revised July, 1992 or subsequent versions). The monitoring shall be performed as a Fathead
Minnow (Pimephales promelas) 24-hour static test. The effluent concentration, at which there may be at no time
significant acute mortality, is 90% (defined as treatment two in the procedure document). Effluent samples for
self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment.
The tests will be performed during the months of February, May, August, and November.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C.
Additionally, DWQ Form AT-2 (original) is to be sent to the following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements performed
in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No
Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at
the address cited above.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly
test requirement will revert to quarterly in the months specified above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above.
Should any test data from either these monitoring requirements or tests performed by the North Carolina Division
of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to
include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate
follow-up testing to be completed no later than the last day of the month following the month of the initial
monitoring.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate
follow-up testing to be completed no later than the last day of the month following the month of the initial
monitoring.

Permit NC0003719
SPECIAL CONDITIONS AND MONITORING REQUIREMENTS
A. (3.) BIOCIDE APPROVAL
The Permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to discharging any
biocide (not previously approved by the Division) under this permit. Approval for use of any biocide not
previously The Permittee shall request approval of any new unauthorized biocide at least 90 days in advance of
planned usage.
Contact the Aquatic Toxicology Unit for detailed instructions on requesting biocide approval:
NC DENR / DWQ / Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality
standards or action levels in the receiving stream.
A. (4.) LABORATORY TEST -METHOD QUANTITATION LEVELS AND COMPLIANCE
For any given parameter, the Permittee must apply a state -certified analytical test method with a practical •
quantitation level (PQL) at or below the NPDES permit limit. If such level of analytical sensitivity is not
technologically feasible, the Permittee shall employ a state -certified analytical method with the lowest available
test -method PQL, and values reported as "not detected" by this lowest available PQL shall be deemed
"compliant" with this permit.
A. (5.) PLASTICS RECYCLING FACILITY (PRF) - WASTE CHARACTERIZATION
Although plastics recycling facility (PRF) construction does not require an NPDES Authorization to
Construct (ATC) Permit, an ATC permit is required for any additional treatment units or processes
necessary to treat PRF wastes.
Therefore, during construction of the proposed PRF (flow estimated at 0.111 MGD), DAK shall locate
and designate internal PRF Outfall 001, a sampling location influent to the onsite WWTP, whereby the
Permittee may sample and analyze PRF wastes prior to mixing with other wastes. No later than 90 days
prior to receiving PRF wastes at the onsite WWTP, DAK shall provide a written report, anticipating the
character of PRF wastes generated under SIC 5162, and specifically identify:
1. waste chemical character and methods used to identify, .quantify and characterize wastes
2. waste treatability by existing onsite WWTP processes
3. examples and character of wastestreams from similar active/operating SIC 5162 PRFs
4. any anticipated interference by PRF wastes with existing wastestream•treatability
5. any new treatment units identified or processes requiring ATC
The Division reserves the right to reopen this permit to include additional treatment and/or monitoring
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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SectionA. Defnitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall
be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
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totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
> Influent samples shall not be collected more than once per hour.
> Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour
sampling period.
Continuous flowmeasurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent tunes when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or " the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States E nvironmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDE S permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
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Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance.
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
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b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or
any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the
Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40
CFR 122.41 (a) (2)]
c. The CWA provides that any person who n'tlyviolates 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(aX3) or
402(bX8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who kniz4y violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowinglyviolates 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(cX3XBXiii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g.
Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood 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
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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.
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 P ernut
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:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above,
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"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 iri accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
> Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
> Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a: Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
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)]
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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
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessaryfor a demonstration of upset:. Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41(n) (4)]: 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 utilised/ 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 utili7ation/ disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permttee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring atxl Reconls
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the rase of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality/ Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. FlowMeasurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring,location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittecs should contact the Division's
Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or•by both.
If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
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 individuals) 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;
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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 ormonitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (0].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, -
and such alteration, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal it not reported
during the permit application process or not reported pursuant to an approved land application plan.
Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41(1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; .the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.41 0) (6)].
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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 [phone], [phone] or [phone].
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 masons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (aX2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1 (bX2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41] .
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall 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.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDE S permitted facilitywith 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 pg/L);
(2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile, five hundred micrograms
per liter (500 pg/L) for 2.4=dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 lg/L);
(2) One milligram per liter (l mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E . Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities.
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTWs NPDE S Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDE S permit, or of an instream water quality standard. [15A N CAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903
(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent. of the designs flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
. pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2 Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
limits;
6. Petroleum oil, nonbiodtgradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusi ial discharges, which have the potential to adversely impact the permittee's Pretreatment
Program and/or the operation of the WWTP.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue, and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it maybe necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
SectionD. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)l'
2. Industrial Waste Survey (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A N CAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E .5.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
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updated HWA or documentation of why one is not needed) [40 CFR 122.441. 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 HWA and the limits from
all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct (AtC)
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. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)]
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. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)1 The
Permittee must:
a Inspect all SIUs at least once per calendar year; and
b. Sample all 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. For the purposes of this
paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC,
ID, and IF, as amended.
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. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR
122.44 (j) (2)]
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 CWA (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.
[15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)]
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
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
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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, Emergency Response, and Collection Systems Unit (PE RCS)
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 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)
Monitoring data from samples collected by both the POTW and the SIU. These analytical results must
be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the
Division;
e.) 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 SIUs that were in 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.
j15A NCAC 2H.0903 (b) (35)..0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)1
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. [15A NCAC 2H.0908 (f); 40 CFR 403.12 Co)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3), 403.9 (b) (3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their 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.
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