NC0003719_Name Change_20040607

�Ro
Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Mr. Craig Leite, Site Manager
DAK Resins, LLC
PO Box 1690
Fayetteville, North Carolina 28312
Dear Mr. Leite:
June 7, 2004
DENR FRO
JUN .26eti
DW
Subject: NPDES Permit Modification - Name/Ownership Change
Permit NC0003719
DAK Resins - Fayetteville
Cumberland County
In accordance with your original request received December 29, 2003, the Division is
forwarding the subject permit modification. This modification documents the change in
name/ownership at the subject facility. It is the Division's understanding that DAK Resins, LLC is
now the owner of the wastewater treatment plant, and subsequently the NPDES permit (NC0003719).
All other terms and conditions in the original permit remain unchanged and in full effect. This permit
modification is issued under the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency
dated December 6, 1983.
In anticipation of the sale and removal of Monsanto, the Division of Water Quality initiated
certain conditions that the new permittee is required to perform. Part I, Condition A.(5.) of the permit
requires that:
• the new permittee submit proof of change of ownership along with the change in
name/ownership form (which DAK has submitted),
• the new permittee submit a new application for discharge, along with a major modification fee
of $860 outlining existing plans, future plans, and need for continued NPDES permit,
• the new permittee submit an Engineering Alternative Analysis in conjunction with the permit
application.
The above information should be submitted within 60 days of receipt of this letter. At this
time, DAK Resins should be compliant with Conditions A.(3.) and A.(4.) for Outfall 002 (as well as the
other conditions specific to the other outfalls). The permit was originally structured with the
knowledge that Monsanto would be sold and the existing on -site industries needed an approved permit
to discharge. The Division of Water Quality decided to maintain the Monsanto permit at a reduced
flow after the period of shutdown at Monsanto. The Division of Water Quality was aware that
Monsanto was in contact with PWC Fayetteville and that the discharge may soon be routed to PWC
Fayetteville. In order to continue to maintain an NPDES permit to discharge, DAK Resins must clarify
and justify the need for flow and discharge of process wastewater. If this need cannot be justified to
the satisfaction of the Division, then the permit will not be reissued.
The name/ownership change has been completed. However, Condition A.(5.) has been
continued, as well as No. 4 in the Supplement to the Permit Cover Sheet. A new permit application
along with the Engineering Alternatives Analysis has been included with the permit.
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[phone]
FAX [phone]
On the Internet at http://h2o.enr.state.nc.us/

Permit Number NC0003719
Mr. Leite
Page 2
If any parts, measurement frequencies or sampling requirements contained in this permit
modification are unacceptable to you, you have the right to an adjudicatory hearing upon written
request within thirty (30) days following receipt of this letter. This request must be a written petition
conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of
Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such
demand is made, this decision shall be final and binding.
This permit does not affect the legal requirement to obtain other permits which may be required
by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any
other Federal or Local government permit that may be required. If you have any questions concerning
this permit, please contact Susan Wilson at (919) 733 - 5083, ext. 510.
Sincerely,
an W. Klimek, P.E.
cc: Central Files_
Fayett ll Re ional_Office,aWater Quality Section
�NPDES Unit . g Q -'_ _ _
Ms. Penny Mahoney, DAK Resins, LLC

Permit Number 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
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,
DAK Resins, LLC
is hereby authorized to discharge wastewater from a facility located at
DAK Resins: - Fayetteville
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 June 7, 2004.
This permit and authorization to discharge shall expire at midnight on October 31, 2006.
Signed this day June 7, 2004.
6/
Qom' an W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit Number NC000371.9
SUPPLEMENT TO PERMIT COVER SHEET
DAK Resins, LLC is hereby authorized to:
1. Continue to operate an existing 1.25 MGD wastewater treatment facility consisting
of flow equalization, spill basin, pH adjustment, oil skimming, comminute, dual
aeration basins, clarifier, parshall flume, sludge pump station, dual aerobic
digesters, aerated biosolids holding basin, biosolids drying beds and other
associated equipment located at DAK Resins, LLC, on NC Highway 53, south of
Fayetteville in Cumberland County.
2. Upon closure and clean-up of the Monsanto RoundUp plant, continue to operate
an existing 1.25 MGD wastewater treatment facility with a permitted discharge of
0.5 MGD consisting of flow equalization, spill basin, pH adjustment, oil skimming,
comminute, dual aeration basins, clarifier, parshall flume, sludge pump station,
dual aerobic digesters, aerated biosolids holding basin, biosolids drying beds and
other associated equipment located at DAK Resins, LLC, Fayetteville Plant, on NC
Highway 53, south of Fayetteville in Cumberland. County.
3. Discharge water from said treatment works at the location specified on the
attached map into the Cape Fear River which is classified C waters in the Cape
Fear River Basin
4. Upon sale of'the Monsanto Fayetteville facility, the new owner shall request a
modification to the NPDES permit and complete a new application for discharge in
accordance with special condition A. (5.) for an ultimate permitted flow of 1.25
MGD.
5. Discharge stormwater from the outfall specified on the attached map (and other
outfalls specified in the July 31, 1992 stormwater permit application) into the
Cape Fear River which is classified C waters in the Cape Fear River Basin.
Any other point source discharge to surface waters of the state is prohibited unless covered by another permit,
authorization or approval.
This permit does not relieve the permittee from responsibility for compliance
with any other applicable federal, state, or local law, rule, standard, ordinance,
order, judgement or decree.

Latitude:
Longitude:
Quad #:
Stream Class:
Receiving Stream
Permitted Flow:
34°58'08" Sub -Basin:
78°46'58"
H23NFJCedar Creek, NC
C
Cape Fear River
1.25 MGD (002) and no limit (001)
03-06-15
DAK Resins, LLC
DAK Resins- Fayetteville Facility
NC0003719

Permit NC0003719
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until June 30. 2003, the Permittee is
authorized to discharge from outfall 002. Such discharges shall be limited and monitored by the Permittee as
specified below:
Effluent CharacteristicsMonitoring
Requirements
'Mont ly Average
Daily a lmum
x n
�(easurement
,; Frequency
Sample ,
Type
Sampl6, 0.4 on'
Flow
1.25 MGD
Continuous
Recording
Influent or Effluent
Total Suspended Solids (TSS)
457.0 lb./day
914.0 lb./day
3/Week
Composite
Effluent
BOD5, 20°C (April 1— October 31)
191.0 lb./day
382.0 lb./day
3/week
Composite
Effluent
BOD5, 20°C (November 1— March
31)
382.0 lb./day
764.0 lb./day
3/week
Composite
Effluent
COD
5000.0 lb./day
8000 Ib./day
3/week
Composite
Effluent
NH3-N (April 1-October 31)
35.0 lb./day
70.0lb./day
3/week
Composite
Effluent
NH3-N (November 1— March 31)
70.0 lb./day
140.0 lb./day
3/week
Composite
Effluent
Fecal Coliform (geometric mean)
3/week
Grab
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Quarterly
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
Glyphosate3
2/month
Composite
Effluent
Total Residual Chlorine
3/Week
Grab
Effluent
Acute Toxicity2
Quarterly
Composite
Effluent
pH4
3/week
Grab
Effluent
Dissolved Oxygen5
Weekly
Grab
Effluent
Dissolved Oxygen5
(June 1— September 30)
3/week
Grab
Upstream,
Downstreamy
Temperature (2C)
Weekly
Grab
Effluent
Temperature (2C)
(June 1 —September 30)
3/week
Grab
Upstream,
Downstream6.7
Conductivity
(June 1 —September 30)
3/Week
Grab
Upstream,
Downstream6.7
Notes:
1 Sample locations: Upstream - upstream 2 miles from outfall; Downstream - downstream, 100 yards upstream of Lock and
Dam #3.
2 Whole Effluent Toxicity shall be measured by a P/F at 90% acute toxicity test using Fathead Minnow. Test shall be
conducted in February, May, August and November. See Part A. (5.). Samples for toxicity testing shall be collected at the
combined outfall box located below outfalls 001 and 002.
3 Once cleanup of glyphosate production area is complete, Monsanto Company shall submit a letter to the Division giving
the shutdown and cleanup dates. After this date, Monsanto shall sample for glyphosate six (6) additional times over the
course of three months. If these samples result in non -detects for glyphosate, glyphosate monitoring may be terminated.
If glyphosate is detected, the source should be identified and cleaned; glyphosate monitoring shall continue until such
point at which it is not detected in six (6) samples.
4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
5 The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. Effluent samples for dissolved
oxygen testing shall be collected at the combined outfall box located below outfalls 001 and 002.
6 Instream monitoring shall be conducted as follows: 3/week June 1 - September 30; 1/week: October 1-May 31.
7 As a participant in the Middle Cape Fear River Basin Association, the instream monitoring requirements as stated above
are waived. Should your membership in the agreement be terminated, you shall notify the Division immediately and the
instream monitoring requirements specified in your permit shall be reinstated.
There shall be no chromium, zinc, or copper added to the treatment system except as pre -approved
additives to biocide compounds or that which results from the normal degradation of piping and
equipment used in process units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0003719
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQIREMENTS - FINAL
During the period beginning on the effective date of the permit and lasting until June 30, 2003, the Permittee is
authorized to discharge from outfall 002. Such discharges shall be limited and monitored by the Permittee as
specified below:
Effluent :;
Characteristic%- ..
Limits
DAILY
MAXIMUM
C1bs iday) _
MONTHLY
AVERAGE
, (ibs /dap)..., ..
MonitoringRequirements
MEASUREMENT
'FREQUENCY
q
c
S13M1 LE
SAMPLE
LOCATIONi
Acenaphthene
0.107
0.040
Annual
Grab
E
Acenaphthylene
0.107
0.040
Annual
Grab
E
Acrylonitrile
0.440
0.174
Annual
Grab
E
Anthracene
0.107
0.040
Annual
Grab
E
Benzene
0.247
0.067
Annual
Grab
E
Benzo(a)anthracene
0.107
0.040
Annual
Grab
E
3,4:Benzofluoranthene
0.111
0.042
Annual
Grab
E
Benzo(k)fluoranthene
0.107
0.040
Annual
Grab
E
Benzo(a)pyrene
0.111
0.042
Annual
Grab
- E
Bis(2-ethylhexyl) phthalate
0.507
0.187
Annual
Grab
E
Carbon Tetrachloride
0.069
0.033
Annual
Grab
E
Chlorobenzene
0.051
0.027
Annual
Grab
E
Chloroethane
0.487
0.189
Annual
Grab
E
Chloroform
0.084
0.038
Annual
Grab
E
2-Chlorophenol
0.178
0.056
Annual
Grab
E
Chrysene
0.107
0.040
Annual
Grab
E
Di-n-butyl phthalate .
0.104
0.049
Annual
Grab
E
1,2-Dichlorobenzene
,0.296
0.140
Annual
Grab
E
1,3-Dichlorobenzene
0.080
0.056
Annual
Grab
E
1,4-Dichlorobenzene
0.051
0.027
Annual
Grab
E
1,1-Dichloroethane
0.107
0.040
Annual
Grab
E
1,2-Dichloroethane
0.383
0.124
Annual
Grab
E
1,1-Dichloroethylene
0.045
0.029
Annual
Grab
E
1,2-trans-Dichloroethylene
0.098
0.038
Annual
Grab
E
2,4-Dichlorophenol
0.204
0.071
Annual
Grab
E
1,2-Dichloropropane
0.418
0.278
Annual
Grab
E
1,3-Dichloropropylene
0.080
0.053
Annual
Grab
E
Diethyl phthalate
0.369
0.147
Annual
Grab
E
2,4-Dimethylphenol
0.065
0.033
Annual
Grab
E
Dimethyl phthalate
0.085
0.035
Annual
Grab
E
4,6-Dinitro-o-cresol
0.503
0.142
Annual
Grab
E
2,4-Dinitrophenol
0.224
0.129
Annual
Grab
E
2,4-Dinitrotoluene
0.518
0.205
Annual
Grab
E
2,6-Dinitrotoluene
1.165
0.463
Annual
Grab
E
Ethylbenzene
0.196
0.058
Annual
Grab
E
Fluoranthene
0.124
0.045
Annual
Grab
E
Fluorene
0.107
0.040
Annual
Grab
E
Hexachlorobenzene
Annual
Grab
E
Hexachlorobutadiene
0.089
0.036
Annual
Grab
E
Hexachloroethane
0.098
0.038
Annual
Grab
E

Permit NC0003719
A.(2.) Continued
Eftlueut
CliJaractenstics
Limits:
°Wo ing Requirements
r
DAILY
1VF�lXIM LM -
. .(Ibs./day)
MONTJILY c
AVERAGE
ilbs /day)
MEASUREMENT
F490.011CY
SAMPLE'
SAMPLE
LO(;ATION'
_ _..: , . - _ ....
Methyl Chloride
0.345
0.156
Annual
Grab
E
Methylene Chloride
0.162
0.073
Annual
Grab
E
Naphthalene
0.107
0.040
Annual
Grab
E
Nitrobenzene
0.124
0.049
Annual
Grab
E
2-Nitrophenol
0.125
0.075
Annual
Grab
E
4-Nitrophenol
0.225
0.131
Annual
Grab
E
Phenanthrene
0.107
0.040
Annual
Grab
E
Phenol
0.047
0.027
Annual
Grab
E
Pyrene
0.122
0.045
Annual
Grab
E
Tetrachloroethylene
0.102
0.040
Annual
Grab
E
Toluene
0.145
0.047
Annual
Grab
E
Total Chromium
5.034
2.017
Quarterly
Grab
E
Total Copper
6.142
2.635
Quarterly
Grab
E
Total Cyanide
2.181
0.763
Quarterly
Grab
E
Total Lead
1.254
0.582
Quarterly
Grab
E
Total Nickel
7.233
3.071
Quarterly
Grab
E
Total Zinc
Quarterly
Grab
E
1,2,4-Trichlorobenzene
0.254
0.124
Annual
Grab
E
1,1,1-Trichloroethane
0.098
0.038
Annual
Grab
E
1,1,2-Trichloroethane
0.098
0.038 .
Annual
Grab
E
Trichloroethylene
0.098
0.038
Annual
Grab
E
Vinyl Chloride
0.487
0.189
Annual
Grab
E
Effluent
C aracteristxes�'�
aLt
Mon:tonng
Requirements
y
x i
"
,DPILY
4 MAifjlytU1.
MEASOR MENt
} UENGY r
SA1 PLE
z
SAMPLE
LOCATION'
Total PAHs2
69.70
Quarterly
Composite
E
Hexachlorobenzene
1.73
Quarterly
Composite
E
Notes:
1. Sample Location: E - Effluent, I - Influent
2. Total PAHs are comprised of Benzo(a)anthracene; Benzo(a) pyrene; 3,4-Benzofluoranthene;
Benzo(k)fluoranthene; Chrysene; Dibenz(a,h)anthracene and Indeno(1,2,3-ed)pyrnene.
Note: Composite samples must be refrigerated

Permit NC0003719
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning on July 1, 2003 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:
Effluent Characteristics
_
x' Li•mits .:
_ . Monitoring Requirements
Monthly Average
Dail Maximum
y
Measurement
„ Frequency
Sam le.t46.4510
Ty .e _ .
P
Location'
Flow
0.5 MGD
Continuous
Recording
Influent or Effluent
Total Suspended Solids (TSS)
72.5 lb./day
235.7 lb./day
Weekly
Composite
Effluent
BOD5, 200C
43.4 lb./day
115.7 lb./day
Weekly
Composite
Effluent
COD
Weekly
Composite
Effluent
NH3-N (April 1-October 31)
35.0 lb./day
70.0 Ib./day
Weekly
Composite
Effluent
NH3-N (November 1- March 31)
70.0 lb./day
140.0 lb./day
Weekly
Composite
Effluent
Fecal Coliform (geometric mean)
Weekly
Grab
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Quarterly
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
Total Residual Chlorine
Weekly
Grab
Effluent
Acute Toxicity2
Quarterly
Composite
Effluent
pH3
Weekly
Grab
Effluent
Dissolved Oxygen4
Weekly
Grab
Effluent
Dissolved Oxygen4
(June 1 - September 30)
3/week
Grab
Upstream,
Downstream5.6
Temperature (2C)
Weekly
Grab
Effluent
Temperature (2C) -
(June 1- September 30)
3/week
Grab
Upstream,
Downstream5.6
Conductivity
(June 1 - September 30)
3/Week
Grab
Upstream,
Downstream5,s
Notes:
1 Sample locations: Upstream - upstream 2 miles from outfall; Downstream - downstream, 100 yards
upstream of Lock and Dam #3.
2 Whole Effluent Toxicity shall be measured by a P/F at 90% acute toxicity test using Fathead Minnow. Test
shall be conducted in February, May, August and November. See Part A. (5.). Samples for toxicity testing
shall be collected at the combined outfall box located below outfalls 001 and 002.
3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
4 The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. Effluent samples
for dissolved oxygen testing shall be collected at the combined outfall box located below outfalls 001 and 002.
5 Instream monitoring shall be conducted as follows: 3/week June 1 - September 30
1 /week: October 1-May 31.
6 As a participant in the Middle Cape Fear River Basin Association, the instream monitoring requirements as
stated above are waived. Should your membership in the agreement be terminated, you shall notify the
Division immediately and the instream monitoring requirements specified in your permit shall be reinstated.
There shall be no chromium, zinc, or copper added to the treatment system except as pre -
approved additives to biocide compounds or that which results from the normal degradation of
piping and equipment used in process units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0003719
A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQIREMENTS - FINAL
During the period beginning on July 1, 2003 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:
Effluent
Characteristics
, .; Limits
_
.-
; < rMon toeing Requirement
z
�,.. _.. _
DAILY
MAXIMUM
(Ills./day) _
MONTHLY
AVERAGE
(lbs 1 Y)
MEASUREMENT
FREQUENCY
SAMPL
,-..:
rSAMPLE
LO(A TIO11
- .._. _.._ . .
Acenaphthene
0.107
0.040
Annual
Grab
E
Acenaphthylene
0.107
0.040
Annual
Grab
E
Acrylonitrile
0.440
0.174
Annual
Grab
E
Anthracene
0.107
0.040
Annual
Grab
E
Benzene
0.247
0.067
Annual
Grab
E
Benzo(a)anthracene
0.107
0.040
Annual
Grab
E
3,4-Benzofluoranthene
0.111
0.042
Annual
Grab
E
Benzo(k)fiuoranthene
0.107
0.040
Annual
Grab
E
Benzo(a)pyrene
0.111
0.042
Annual
Grab
E
Bis(2-ethylhexyl) phthalate
0.507
0.187
Annual
Grab
E
Carbon Tetrachloride
0.069
0.033
Annual
Grab
E
Chlorobenzene
0.051
0.027
Annual
Grab
E
Chloroethane
0.487
0.189
Annual
Grab
E
Chloroform
0.084
0.038
Annual
Grab
E
2-Chlorophenol
0.178
0.056
Annual
Grab
E
Chrysene
0.107
0.040
Annual
Grab
E
Di-n-butyl phthalate
0.104
0.049
Annual
Grab
E
1,2-Dichlorobenzene
0.296
0.140
Annual
Grab
E
1,3-Dichlorobenzene
0.080
0.056
Annual
Grab
E
1,4-Dichlorobenzene
, 0.051
0.027
Annual
Grab
E
1,1-Dichloroethane
0.107
0.040
Annual
Grab
E
1,2-Dichloroethane
0.383
0.124
Annual
Grab
E
1,1-Dichloroethylene
0.045
0.029
Annual
Grab
E
1,2-trans-Dichloroethylene
0.098
0.038
Annual
Grab
E
2,4-Dichlorophenol
0.204
0.071
Annual
Grab
E
1,2-Dichloropropane
0.418
0.278
Annual
Grab
E
1,3-Dichloropropylene
0.080
0.053
Annual
Grab
E
Diethyl phthalate
0.369
0.147
Annual
Grab
E
2,4-Dimethyiphenol
0.065
0.033
Annual
Grab
E
Dirnethyl phthalate
0.085
0.035
Annual
Grab
E
4,6-Dinitro-o-cresol
0.503
0.142
Annual
Grab
E
2,4-Dinitrophenol
0.224
0.129
Annual
Grab
E
2,4-Dinitrotoluene
0.518
0.205
Annual
Grab
E
2,6-Dinitrotoluene
1.165
0.463
Annual
Grab
E
Ethylbenzene
0.196
0.058
Annual
Grab
E
Fluoranthene
0.124
0.045
Annual
Grab
E
Fluorene
0.107
0.040
Annual
Grab
E
Hexachlorobenzene
Annual
Grab
E
Hexachlorobutadiene
0.089
0.036
Annual
Grab
E
Hexachloroethane
0.098
0.038
Annual
Grab
E

Permit NC0003719 •
A.(4.) Continued
gffluent
Characteristics _,...._.
Limits
`r Monxtormg Requuements;
DAILY.
MONTHLY
MEASUREMENT
SAMPLE;
SAMPLE '?
MAXIMUM
AVERAGE
1 Ef, TJENCY
LOCATIONI.
(I).?,s%day)
(lbs %aay}__ .
... -.__ .
Methyl Chloride
0.345
0.156
Annual
Grab
E
Methylene Chloride
0.162
0.073
Annual
Grab
E
Naphthalene
0.107
0.040
Annual
Grab
E
Nitrobenzene
0.124
0.049
Annual
Grab
E
2-Nitrophenol
0.125
0.075
Annual
Grab
E
4-Nitrophenol
0.225
0.131
Annual
Grab
E
Phenanthrene
0.107
0.040
Annual
Grab
E
Phenol
0.047
0.027
Annual
Grab
E
Pyrene
0.122
0.045
Annual
Grab
E
Tetrachloroethylene
0.102
0.040
Annual
Grab
E
Toluene
0.145
0.047
Annual
Grab
E
Total Chromium
5.034
2.017
' Quarterly
Grab
E
Total Copper
6.142
2.635
Quarterly
Grab
E
Total Cyanide
2.181
0.763
Quarterly
Grab
E
Total Lead
1.254
0.582
Quarterly
Grab
E
Total Nickel
7.233
3.071
Quarterly
Grab
E
Total Zinc
Quarterly
Grab
E
1,2,4-Trichlorobenzene
0.254
0.124
Annual
Grab
E
1,1,1-Trichloroethane
0.098
0.038
Annual
Grab
E
1,1,2-Trichloroethane
0.098
0.038
Annual
Grab
E
Trichloroethylene
0.098
0.038
Annual
Grab
E
Vinyl Chloride
0.487
0.189
Annual
Grab
E
Notes:
1. Sample Location: E - Effluent, I - Influent
Note: Composite samples must be refrigerated

Permit NC0003719
A. (5.) SPECIAL CONDITION FOR TERNIINATION OF MONSANTO DISCHARGE
The Monsanto Roundup plant portion of this discharge is expected to terminate within the
first half of 2002. The Monsanto Company will retain control over the utilities until such
time as the facility and utilities are purchased.
The allocation for thispermitted discharge remains at 1.25 MGD. However, a new permit for
the discharge will be issued when all of the following take place:
• Proof of change of ownership from Monsanto Company has been furnished. The
resulting name/ownership change form shall be submitted to the Division of
Water Quality.
• A new application for a discharge has been completed and submitted by the new.
owner of the facility with a requestfor a major modification of the NPDES permit.
• The request for a major modification to NPDES Permit NC0003719 should
include the appropriate fee for such an action.
• Completion of the application shall include a complete flow justification for the
proposed discharge and an Engineering Alternatives Analysis (EAA).
When all of the above actions are complete, the Division shall furnish new effluent limits.
pages that are appropriate for the proposed discharge or set of discharges.
A. (6.) BIOCIDE CONDITION
The permittee shall not use any biocides except those approved in conjunction with the
permit application. The permittee shall notify the Director in writing not later than ninety
(90) days prior to instituting use of any additional biocide used in cooling systems which
may be toxic to aquatic life other than those previously reported to the Division of Water
Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a
map locating the discharge point and receiving stream.
A. (7.) DETECTION LEVELS FOR COMPLIANCE
If the discharge limitation of a given parameter is below quantitation limits, the measured
quantity for the purposes of a compliance evaluation is considered to be zero. Values that
report below quantitation level shall be deemed to be in compliance.

Permit NC00037 19
A. (8.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
The Permittee shall conduct acute toxicity tests on a quarterly basis 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: Environmental Sciences Branch
North Carolina Division of Water Quality
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
A. (9.) STORMWATER MONITORING REQUIREMENTS/Analytical Monitoring
FINAL
During the period beginning on the effective date of the permit and lasting until June 30, 2003, the Permittee is
authorized to discharge from outfall(s) serial number 001 (Stormwater). Such discharges shall be limited and
monitored by the permittee as specified below:
STO tM
DISCHAR
CHARAGTE
Total Flow4
MG
Measurement
Frequency
Annual
SW-1
Total Rainfall4
Inches
Annual
SW-1
Event Duration°
Minutes
Annual
SW-1
Total Suspended
Solids
mg/L
100.00
Annual
Grab
SW-1
Nickel
µg/L
789.00
Annual
Grab
SW-1
Lead
µg/L
33.78
Annual
Grab
SW-1
Di-n-butyl phthalate
Glyphosate
Isopropylamine
Surfactants (MBAS)
mg/L
mg/L
mg/L
mg/I
100.0
Annual
Annual
Annual
Annual
Grab
Grab
Grab
Grab
SW-1
SW-1
SW-1
SW-1
Notes:
1. Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling results
collected during the first year of the permit shall be calculated for each individual outfall and
compared to the cut-off concentrations listed. If the arithmetic mean is below the specified cut-off
concentration for a given parameter, then the facility is not required to continue annual analytical
monitoring for that parameter at the outfall during the term of the permit unless a significant
change in facility operations or configuration occurs. If cut-off concentration results in
discontinued analytical monitoring at an individual discharge outfall, the permittee is required to
maintain facility operations that ensure the continuation of stormwater runoff quality.
2. Measurement frequency. Once per year. The facility must perform analytical sampling during the
first full year and last year of the permit term regardless of cut-off concentration conditions.
Analytical results from sampling during the final year of the permit term must be submitted with
the permit renewal application. Failure to monitor storm events in accordance with the specified
frequency shall constitute a violation of this permit.
3. Sample Location. Samples to be collected at each stormwater discharge outfall (SW-1) located
north of the river water intake pump overflow and south of the sludge drying beds.
4. For each sampled representative storm event the total precipitation, storm duration, and total flow
must be monitored. Total flow shall be either: (a) measured continuously, (b) calculated based on
the amount of area draining to the outfall, the amount of build -upon (impervious) area, and the
total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during
the rainfall event (not to exceed three hours).
For purposes of the stormwater sampling required in this permit, all samples shall be collected from a
discharge resulting from a representative storm event (See Parts A. (13) and A. (14.)).

Permit NC0003719
A. (10.)STORMWATER MONITORING REQUIREMENTS/Analytical Monitoring
FINAL
During the period beginning on July 1, 2003 and lasting until permit expiration or expansion, the Permittee is
authorized to discharge from outfall(s) serial number 001 (Stormwater). Such discharges shall be limited and
monitored by the permittee as specified below:
STORMWATER r;
DISCHARGE
CHARACTERISTICS
- �.
._
LIMITS._ 3_
_ _._.
MONITORINGRE4UIREMENT S
Units
'
Cut off
+, `Concentration.
n
Measuremen2 t
q. Fre uenc Y
Sample
Type
v
Sample
m
Locatior►3'
.
Total Flow4
MG
Annual
SW-1
Total Rainfall4
Inches
Annual
SW-1
Event Duration4
Minutes
Annual
SW-1
Total Suspended
Solids
mg/L
100.00
Annual
Grab
SW-1
Nickel
µg/L
789.00
Annual
Grab
SW-1
Lead
µg/L
33.78
Annual
Grab
SW-1
Di-n-butyl phthalate
mg/L
Annual
Grab
SW-1
Notes:
1. Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling results
collected during the first year of the permit shall be calculated for each individual outfall and
compared to the cut-off concentrations listed. If the arithmetic mean is below the specified cut-off
concentration for a given parameter, then the facility is not required to continue annual analytical
monitoring for that parameter at the outfall during the term of the permit unless a significant
change in facility operations or configuration occurs. If cut-off concentration results in
discontinued analytical monitoring at an individual discharge outfall, the permittee is required to
maintain facility operations that ensure the continuation of stormwater runoff quality.
2. Measurement frequency. Once per year. The facility must perform analytical sampling during the
first full year and last year of the permit term regardless of cut-off concentration conditions.
Analytical results from sampling during the final year of the permit term must be submitted with
the permit renewal application. Failure to monitor storm events in accordance with the specified
frequency shall constitute a violation of this permit.
3. Sample Location. Samples to be collected at each stormwater discharge outfall (SW-1) located
north of the river water intake pump overflow and south of the sludge drying beds.
4. For each sampled representative storm event the total precipitation, storm duration, and total flow
must be monitored. Total flow shall be either: (a) measured continuously, (b) calculated based on
the amount of area draining to the outfall, the amount of build -upon (impervious) area, and the
total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during
the rainfall event (not to exceed three hours).
For purposes of the stormwater sampling required in this permit, all samples shall be collected from a
discharge resulting from a representative storm event (See Parts A. (13) and A. (14.)).

Permit NC0003719
A (11). STORMWATER MONITORING REQUIREMENTS/ Qualitative Monitoring
Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless of
representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater
Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are
required. Qualitative monitoring of stormwater outfall does not need to be performed during a
representative storm event.
Stormwater Discharges
Characteristics .. _; .:.:.. ,:.
Measurement
__'Frequency' _
Samples
' ,-. Location?_ ..'.... ___
Color
Semi -Annual
SW-1
Odor
Semi -Annual
SW-1
Clarity
Semi -Annual
SW-1
Floating Solids
Semi -Annual
SW-1
Suspended Solids
Semi -Annual
SW-1
Foam
Semi -Annual
SW-1
Oil Sheen
Semi -Annual
SW-1
Other obvious indicators of stormwater pollution
Semi -Annual
SW-1
Notes:
1. Measurement Frequency. The first qualitative monitoring event during the term of the permit must
be performed during the initial analytical monitoring event. All subsequent qualitative monitoring
will be performed twice per year, once in the spring (April - June) and once in the fall (September -
November) .
Sample Location: SW-1 Visual monitoring may be performed just inside the perimeter fence at a point
where no additional significant materials could reasonably enter the system as a result of facility
operations.

Permit NC00037 19
A. (12). STORMWATER SPECIAL CONDITION — OUTFALL
Representative outfall status has been granted to allow representative stormwater monitoring to be performed
at the manhole located north of the river water intake pump overflow and south of the sludge drying beds.
Should the facility configuration, drainage areas and activities, and/or stormwater outfalls on -site be
significantly altered, the permittee shall notify the Division in writing prior to implementation of said changes.
A. (13.) STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the
Plan. The Plan shall be considered public information in accordance with Part II, Section E.10. of this
permit. The Plan shall be updated on an annual basis. The Plan shall include, at a minimum, the
following items:
a. Site Plan: The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of regulated
stormwater discharges. The site plan shall contain the following:
(1) A general location map (USGS quadrangle map, or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters, and the name of the receiving water(s) to which the stormwater outfall(s)
discharges. If the discharge is to a municipal separate storm sewer system, the name of
the municipality and the ultimate receiving waters, and accurate latitude and longitude
of the point(s) of discharge must be shown.
(2) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices.
(3) A site map (or series of maps) drawn to scale with the distance legend indicating
location of industrial activities (including storage of materials, disposal areas, process
areas, and loading and unloading areas), drainage structures, drainage areas for each
outfall and activities occurring in the drainage area, building locations and impervious
surfaces, the percentage of each drainage area that is impervious. For each outfall, a
narrative description of the potential pollutants which could be expected to be present
in the regulated stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility during
the 3 previous years and any corrective actions taken to mitigate spill impacts.
(5) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The certification statement will be signed in accordance with
the requirements found in Part II, Section B.11.
b. Stormwater Management Plan: The stormwater management plan shall contain a narrative
description of the materials management practices employed which control or minimize the
exposure of significant materials to stormwater, including structural and non-structural
measures. The stormwater management plan, at a minimum, shall incorporate the following:
(1) A study addressing the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and
processes to stormwater. Wherever practicable the permittee should consider covering
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure is
not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.

Permit NC0003719
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and Reauthorization
Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks
and spills from contaminating stormwater runoff. If the secondary containment devices
are connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices [which shall be secured
with a locking mechanism] and any stormwater that accumulates in the containment
area shall be at a minimum visually observed prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be uncontaminated.
Records documenting the individual making the observation, the description of the
accumulated stormwater and the date and time of the release shall be kept for a period
of five years.
(3) A narrative description of Best Management Practices (BMPs) to be considered such as,
but not limited to, oil and grease separation, debris control, vegetative filter strips,
infiltration and stormwater detention or retention, where necessary. The need for
structural BMPs shall be based on the assessment of potential of sources contributing
significant quantities of pollutants to stormwater discharges and data collected through
monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be taken
to limit or prevent erosion associated with the stormwater systems.
c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate
a risk assessment of potential pollutant sources based on a materials inventory of the facility.
Facility personnel (or team) responsible for implementing the plan shall be identified in the
plan. A responsible person shall be on -site at all times during facility operations that have the
potential to contaminate stormwater runoff through spills or exposure of materials associated
with the facility operations.
d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stormwater control systems, plant equipment and systems.
Inspection of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. Training schedules shall be developed and training provided at a minimum on an annual basis
on proper spill response and cleanup procedures and preventative maintenance activities for all
personnel involved in any of the facility's operations that have the potential to contaminate
stormwater runoff. Facility personnel (or team) responsible for implementing the training shall
be identified in the plan.
f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the
overall coordination, development, implementation, and revision to the Plan. Responsibilities
for all components of the Plan shall be documented and position(s) assignments provided.
g.
Plan Amendment: The permittee shall amend the Plan whenever there is a change in design,
construction, operation, or maintenance which has a significant effect on the potential for the
discharge of pollutants via a point source to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum requirements.
The permittee shall provide certification in writing (in accordance with Part III, Standard
Conditions, Section B.11.) to the Director that the changes have been made.

Permit NC0003719 •
h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September - November) and once during
the spring (April - June). The inspection and any subsequent maintenance activities performed
shall be documented, recording date and time of inspection, individual(s) making the inspection
and a narrative description of the facility's stormwater control systems, plant equipment and
systems. Records of these inspections shall be incorporated into the Stormwater Pollution
Prevention Plan.
Visual monitoring as required in A (4) Stormwater Monitoring Requirements/Qualitative
Monitoring shall be performed in addition to facility inspections.
Implementation: Implementation of the Plan shall include documentation of all monitoring,
measurements, inspections, maintenance activities and training provided to employees,
including the log of the sampling data. Activities taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities must also be recorded. All
required documentation shall be kept on -site for a period of five years and made available to
the Director or his authorized representative immediately upon request.
A. (14) STORMWATER MINIMUM MONITORING AND REPORTING
REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing
by the Director of the Division of Water Quality:
a. If a facility has multiple discharge locations with substantially identical stormwater discharges
that are required to be sampled, the permittee may petition the Director for representative
outfall status. If it is established that the stormwater discharges are substantially identical
and the permittee is granted representative outfall status, then sampling requirements may be
performed at a reduced number of outfalls.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather
flow shall be performed at all stormwater discharge outfall locations. All visual monitoring
shall be documented and records maintained with the Stormwater Pollution Prevention Plan.
The initial visual monitoring event shall be performed simultaneously with the first analytical
monitoring event and documentation of only this initial visual monitoring event shall be
submitted along with the required analytical monitoring submittal.
c. For purposes of the stormwater sampling required in this permit, all samples shall be collected
from a discharge resulting from a representative storm event (See definitions in Part II, Section
A). Failure to monitor storm events in accordance with the specified frequency shall constitute
a violation of this permit. If the stormwater runoff is controlled by a detention pond, the
following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours,
visual observations for color, foam, outfall staining, visible sheens and dry weather flow
are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-year,
24-hour storm, the pond shall be considered a non -discharging stormwater control
system and not subject to NPDES requirements, unless the discharge causes a violation
of water quality standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
approved by the Director no later than January 31 for the previous year in which sampling was
required to be performed.

Permit NC0003719
e. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
f. This permit regulates stormwater discharges associated with industrial activity. Non-
stormwater discharges which shall be allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by an NPDES permit.
(2) Foundation drains, air -conditioner condensate without added chemicals, springs,
waterline and fire hydrant, water from footing drains, flows from riparian habits and
wetlands, fire -fighting training and fire system testing.
(3) Discharges resulting from fire -fighting.
If the storm event monitored and reported in accordance with this permit coincides with a non-
stormwater discharge, the permittee shall separately monitor and report all parameters as
required under the non-stormwater portion of this permit and provide this information with the
stormwater discharge monitoring report. -
g-
A. (15.) STORMWATER DEFINITIONS
1. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs
may take the form of a process, activity, or physical structure.
2. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single
above ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers located in close proximity to each other having a total combined storage
capacity of greater than 1,320 gallons.
3. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is
not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
4. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
5. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least
72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours
without producing any collectable discharge, and then stops, a sample may be collected if a rain
producing a discharge begins again within the next 10 hours.

Permit NC0003719 '
6. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure
plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
7. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
c_ That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain
toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA
at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
8. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
9. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section
102 of CERCLA (Ref: 40 CFR 302.4).
10. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40
CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the
NPDES program.

Permit NC0003719
11. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
13. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a
city or town.
15. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity.
Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include
washwaters utilizing any type of detergent or cleaning agent.
16. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
17. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average
once in ten years. Design storm information can be found in the State of North Carolina Erosion and
Sediment Control Planning and Design Manual.
18. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow
shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the
outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated
by the measurement of flow at 20 minute intervals during the rainfall event.
19. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 25 years.

NPDES Permit Requirements
Page 1 of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean '
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a' constant time interval. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approval by the Director.
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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.
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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)]
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d. Any person who knoaving 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.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi:
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the 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 corporationin
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]
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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
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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
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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 Permittee 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 utilisation/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
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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 extendedby 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;
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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.
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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 [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 reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
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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 plaut'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
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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
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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.
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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)
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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.
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