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HomeMy WebLinkAboutNC0086002_Regional Office Historical File Pre 2018* 0 NorthCarolinaDepartmentofEnvironmentand Natural Resources Pat McCrory John E. Skvaria III Governor Secretary H.S. 'Trammell Livingstone Coating Corporation P.O. Box 668267 Citarlotte, NC 28266-826? September 30, 2014 Subject: Rescission of NPDES Permit NC0086002 Livingstone Coating remediation Mecklenburg County Dear Mr. Trammell: The Division has reviewed your permit rescission request received on September 29)-8n The Division has no objection to your request. Therefore, NPDES permit N00086002 is rescinded, effective immediately If in the future your firm wishes to discharge wastewater to the State's surface waters, it must first apply for and receive a new NPSES Permit. It you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles—weaver@ncdenr.govi. Eincefely, cc: Central Files Mooresville Regicnal office / mike parker NPDES Unit Teresa Revis / Budget /3.2)(8d JThomas A. Reeder, Car Division of Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 I FAX 919 807-6489 / Internet ,AMAN„ncwaterquality,org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Beverly Eaves Perdue Governor Mr. H. Stephen Trammell, President Livingstone Coating Corporation P.O. Box 668267 Charlotte, NC 28266 Dear Mr. Trainrnell: NCDENR North Carolina department of Environment and Natural Resource Division of Water Quality Charles Wakild, P. E. Dee Freeman Director Secretary July 2. 2012 Subject Compliance .Evaluation inspection Livingstone Coating CWR NPDES Permit No. NC0086002 Mecklenburg County, North Carolina Enclosed please find a copy of the Compliance Evaluation Inspection Report fcar the inspection conducted at the subject facility on June 29, 2012 by Ms. Donna Hood and Mr. Wes Bell of this Office. A site visit was performed to determine the facility's eligibility for inactive status, as requested. The treatment units were off, the system was not discharging, and a managerial `lock- outttag-out' will be placed on the system to keep it out of operation. Based on the facility's compliance with the. lock-outt/tag-out" of the system, this Office recommends inactive status as requested. The report should be self e.xpianatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection R Enclosure DH Mooresville Regional Office Location: 610 East Center Ave„ Suite 301 Mooresville, NC 28'116 Phone: (704) 663-1699 Fax: (704) 663-6640'i Customer Service: '1-877-623-6748 Internet: http:/fportalmcdenrorgfweb/wq An Equal opportunity 4 Affirmative Acton Ernpoyer - 50% Renyotled/1 U% Rost Consumer paper Tonal Supervisor One NorthCar (i a aturaj EPA Untid States Environmental Protection Agency Washington, L.C. 20450 er pliance Inspetion Re Section A: National Data System Coding Form Approved, OMB No 2040-0057 Approval expires 8-31.98 2 6 Transaction Code 2 NPDES NC0086002 11111(J1111 12 yrimoiday 12/06/29 Remarks Inspection Work Days Facitity Self -Monitoring Evaluation Rating 1 0 169 941 71 B1 j 17 QA 721 N Inspection Type Inspector Fac Type 181cl 19L.11 20i 74 7511 1 I I I I 6 Section B Facility Data Name and Location of Facility Inspected (For industrial Users discharging to POTW„ also include POTW name and NPDES permit Number) Livingstone Coating Corporation 240 Rhyne Rd Charlotte NC 25214 Entry Time/Date :45 AM 12/06/29 Permit Effective Date 12/03/01 „xit Time/Date 11:15 AM 12/06/29 Permit Expiration Date 15/06/30 Name(s) of Onsite Representativ )1Phone and Fax Number(s) 11/ Name, Address of Responsible Official/Title Phone and Fax Number S Trammell,P0 Box 668267 Charlotte NC 282661/704-392-2323/7043.994021 Contacted No .0 Section C: Areas Evaluated During nspection(Check only those reas evaluated rerrne Facitity Site Review Section D: Summary of Finding/ lents (Attach additional she II Operations & Maintenance Records/Reeorts II Effluent/Receiving Waters (See attachment summary) , Self -Monitoring Program ative and checkstsas necessaryl Name(s) a Donna Hood of Inspector S Signature of Management 0 A Reviewer Agency/Office/Phone and Fax Numbers MR0 WQ11704-663-1699 Ext21931 Date Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3-(Rev 9-94) Pravious edition Page # NPDES r oidayspedon "type N 0086 (l2 l' 12/0(2 ' Section a Summary eat Firadsnof earnmants (Attach additional sheets of narrative and checklists as necessary) The facility has requested to receive inactive status due to the groundwater rernedi tion unit not currently operating or discharging. The facility has been instructed to turn the unit off for approximately 2 years to let the groundwater 'settle' so that a final determination can be made on groundwater contamination levels. It is anticipated that the groundwater has reached contamination levels below the 2L standards, but final testing will be performed after the alloted time, In the interims the facility will keep the permit on ir°ractive status and the system turned off. The facility was determined to be inactive at the time of the inspection with a managerial "lock outotag out' restriction placed on the main power source. This will remain in effect until a final determination is made concerning groundwater remdiation status. Please be advised that permit fees must be paid to maintain the current permit on inactive status. Page 2 Permit: NC0086002 Owner -Facility: Livingstone Coating Corporation Inspection Date: 06/2912012 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present per expires in 6 months or less). Has the permittee submitted a new application? 0 0 • • 0 0 0 0■ C30 ■ nnn Is the inspector granted access to all areas for inspection? ■ 0 0 D Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n 0 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids,, pH, DO, Sludge 0 0 • D Judge, and other that are applicable? Is the facility as described ,in the per # Are there any sped& conditions for the permit? Is access to the plant site rest cted to the general public? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and Other debris? If effluent (diffuser pipes are required) are they operating properly, Comment:: Effluent. Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment; Yes No NA NE ■nnn Q n■n D D u n Yes No N.A. NE O 0■0 DDI•'D O 010 O D • D O 0•0 n niun Page # 3 GIPE & ASSOCIATES, P.A. April 19, 2011 ` t.,& LETY North Carolina Department of Environment, and Natural Resources Division of Water Quality 610 East Center Ave,, Suite 301 Mooresville, North Carolina 28115 Attention: Ms. Marcia Allocco Subject: Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No. NC0486002 Mecklenburg County, North Carolina Dear Ms. Allocco: In compliance with the subject letter dated February 4, 2011, Gipe & Associates on behalf of Livingstone Coating Corporation, is submitting this response to DWQ's deficiency concerning the licensing requirements for a back-up operator. Gipe has contacted Research & Analytical Laboratories, Inc. (R&A) who is under contract to provide the appropriate licensed operators for this facility. R&A has taken the necessary actions to assign a new back-up operator for this facility and has submitted the necessary forms to the Mooresville Regional Office. A copy of that form is attached. Livingstone will check with R&A on a regular basis to make sure that there have been no changes to personnel that would require DWQ's notification. If you have any questions please contact me at (704) 392-2323. Sincerely, GIP & ASSOCIATES, PA David W Gipe, PE President 2407 i olfe Ridge Road Charlotte, NC 26210 e and Fax: 704-552-7063' Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G -0201 Permirttee Owner/Offices Name: Mailing Address: City: CifsrA 44_ Email address: Sitoature: Nc Phon Facility Name: SUBMJT A SEPARATE FORM FOR EACI1 TYPE OF SYSTEM Facility Type eic Grade: Biological WWTP Physical/Ch. mica! Collection System Grade ftb4 Operator in Responaible Chi (ORC) Print Full Name: 6#/g170? Certificate Typc / Grade Number: Signature: 1 certify that agree to nay iicsignstion a.s tbc Operator in Responsible Charge fx the facility noted. I undei and will abide by the riles and regulations pertaining to dm respoitsibilitics of the °RC its. set fbrtb in I I•TCAC OtO .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification COITIMI35i010 Surface Irrigation Land Application Grade N/A Date: Permit #: Oa 7) eXig Batit-lip Operator in Responsible Charge OM ORC) Print Full Nano: CortiAatte Type ( Grade Nunl Signature: '7 certify Matt agree to ray designation toad rqaulotions portang ha the '1th Actions by the Wenn- Pollution Ciatttrol System Operators Certification ps Fax to: WPCSOCC 1418 Maria Service Grater Rateigli, NC 27699-161g Fax: 549/733-1338 Work Phone 0: Date: Work Phone #: Date: ible Charge for the facility noted. 1 understand and will abide by the roles in 15A NCAC MG .0205 and fading to do so can result in Disciplinary Commission." ($cc next page for designation of additions: tisex.ur operator& EicsignaLion "nom ;Imo onv, Esaclk-up opcnturr in vpikweei,) Revised 1-2410 Gc° emar P.O..B Charlo Trani ne Coatir Corporation. � 6682 'worth Carolina 28266 Division of Water Quality Cofee- . u C- o c.r IECT: Co nplia, ce Evaluation. I.i °in+?stone Coating Coc r°ation C3WR` NPDES Permit No, NC0086002 �lcckleribur g County, North Carolina On January 26 2.0 11. Erin Ilarll d f'the Mec conducted an izrspection at the st.hie:t. facil working agreement between Mecklenburg report should he self-explanatory. ntyr 1''tiTate ection was cone . Division of Wate It is requested that a en. response be submitted to this {_ noted d.eticiency detailed under the Permit section in the enclosed report. In respo violation, please address your comments to the attention of Ms, Allocco of this Office at tl e letterhead address. Additionally, please send a copy t.rf y°our response to Mr. Rusty Rozzelle of MC WQI; at 700 N. Tryon Street, Suite '2(f5, Charlotte, NC 28202. (MCWQP) ?f a cooperate The enclosed :luestions concerning this: report or an .his office. Enclosure cc: Rust eh 25, 201 tvioc:esvtt Reylar,alOffee Lf„yaaten, El East Center x o"aao 301,Rrcc . „i o, NC (704,6C3-1 G0°i'=, Feax: �.Garolna Unitec taties Emitronmental Protection ,,Az.ency Aocf-ove,i ,1"Vasnorgtcn , DC 20460 OMB No. 204C-005,7 Water Compliance Inspection Report , ApprcAial Expires 3x31 /98 Tra n s acfl c n N Uccle 5 Inspection Vilcifk Days 06 Section A: National Data System Coding "Pr7.ES Yr/McItliay inspection iype Inspector Nal:8.6002 i1C26 Remarks' Inspector Mecklenburg Ciourity Water Quality Program Fadilty Self -Monitoring Rating 4 Name and Location of Facility Inspected: 81 Section B: Facility Data Livingstone Coating Corporation GVVRS 240 Rhyne Road Mecklenburg County, Charlotte, North Carona Name(s) of On -Site Representatives/TitlelPhone Number: Mr. H. S. Trammell / Present! (704) 392-2323 Name and Address of Responsible °filo,. Mr, I-1_ S. Trammell Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 Perr,nit Records/Reccrts Z Facility Site Review Effluent/Receiv g Waters S gnature(s Erin Hal 0 Entry Time/Date: l 9:00 a,m. / January 28, 2011 Exit Time/Date: 9:30 a:m. / January 26, 2011 Title: President Facility Type 2 Reseried Permit Effective: November 1, 2006 Permit Expires: June 30, 2010 Phone Number: (704) 392-2323 Contacted: No Section C: Areas Evaluated During Inspection [..%7 Flow Measurement EJ Self-Montonrg Program LI Compliance Schedules. Operatlons & Maintenance Sludge Handling Disposal [I Pretreatment Program El Laboratory Stormwater Section D: Summary of Findings/Comments See Attached Summary nspector(s): Agency/OfficeiTelephone: MCVVQP / (704) 43.2-4870 Sewer Overflow Pollution Prevention Li Multimedia Other: Date: February 4, 2011 Signature of Reviewer: Agency/Office: Date: nk,N R.- Division of Water OLia.lity -Allocco Surface Water Protection - Mooresville Regional Office EPA Form 3560-3 (Rev 9-94) Previous ediitions are obsolete FebruJL25, 2011 GENERAL 1.'he i*:acility was last inspected on Aughst '100 8 by Nis. Erin Hail of the Mecklenburg County Water Quay Program CMCWQP). .A Compliance Evaluation Inspectior. Report was issued on September 79, '7'008, PERMIT: The current permit became effective on l',Cevembier I, 20.06. and expired on June 30, 2,0 10. The new penatit is currently under TL'View by- the North Carolina Division of Water Quality (NCDWQ2i. The facility should continue operatin4 under the expired permit until the new permit is issued. "fhe permit authorizes the discharge of treated groundwater to an unnamed tributary to Long Creek. 'The permit states that there ai two retention ponds on site as part of the GWRS. Per facility personnel, there is only one retention pond on site. The facility treats contamin.ated groundwater through a groundwater remediation Stern (GWRS), which consists of three active recovery wells, an equalization tan.k, a diffused aeration tank. two particulate filters in parallel, and two activated carbon adsorption vessels in parallel. The certification classification for NC0086002 requires that the facility have an operator in responsible charge (ORC) and hack -up operator with a Grade 1 'Physical Chemical Water Pollution Control System ("PC - certification. The facility is not staffed (back-up ORC) with personnel that possess the appropriate operator certification. The back-up ORC designated for the Livingstone Coating Corporation GWRS (Toby Parrish) is noted as invalid in the 1.)NVQ. compliance database. Please ensure that either the designated back-up .ORC becomes valid or another Valid back-up ORC is designated for the facility. It documentation has previously been submitted to the Technical Assistance unit changing the designated back-up ORC, please provide a copy to the Ntooresville Regional Office, RECORDS/REPORTS: Discharge Monitoring Reports (I)MRwere reviewed for the period October 2009 through September 010. The reports appeared to be properly completed. Records, reports, and logs for the groundwater remediation system are clear and well in.aintained; no discrepancies were noted. FACILITY SITE REVIEW: All of the major components of the remediation system were in service and appeared to he operati the time of the inspection. FLOW MEASUREMENT: g P at Part I. A of the facility's NPDFS permit requires continuous recording Of the effluent flow it the remediation s,ystem is operated continuously„ 'Idle system is operated intermittently, the. permit allows the perrnittee to monitor flow weekly through instantaneous flow measurements. The facility obtainweekb„, instantaneous flow estimates .-frorri a non -recording totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous,. this method of flow measurement is acceptable. A new flovil meter is installed on an annual basis. LA BORAT ., EFF 1 ritI"t`it t Researcii rr l ses ' k t i led inth permit Fees charpc; currently cl e ' .ter: 1 t t t SELF- IONT"I0 PROGR. : ichare I t rrotrdh Septenibe period and that all ports ( \1Rand cr The reports izrirt that tit ers are being rrp monitored itt red at. II P I TIONS &\I I ,EfNt F: • appeared e l r t1 rater and arbor ducts'' crt Feb" Urtrrr Rid sr Basin. ire I~ .c iit £ Ta not disc r d and aerrr and local The site 0per ()bet yp IS urin this February 25, 2011 North Carolina Department ocif.'invironinent and Natural Resources. Division of Water Quality 610 East (.:enter A, Suite 30 I Moore.sville, NC 28115 Attention: Mr, Samar Rote (3hztc Reference; Reporting of "Cpset" from Groundwater Remediation System N PI )itS ; eneral Permit Nt c.,10000 N Celt fl eale of Coverage NC(.1:510513 Schneider National (.7iirricrs 2420 Starita Road Charlotte. NY S&Kir plojeoo. 1354404-353( " Dear M.r. lionselhazalei Ori behallof Schneider National tS1N11), S&MF, Inc, (S&MT.,) suhinits this written report of an op1 from a groundwitter leinC•diatiun s sten located .111 the referenced facility, and in accordance with the referenced 'NPDES permit and CertTlicate of 0:overage. DESCRIPTION OF REMEDIATION SYSTEM [he permitted groundw nier remedianon conSIstS or an olbwater separator, carbon filters, and associated pumps, pitting and controls, I he remcdtanon system k removing diesel released the groundwater system from petroleum underground storages:mks and groundwater. From the disehEirge oUtfall, iietreated wastewater flows thorugh approximately 10 feet of rip rap, then overland approximately 130 feel prior to entering Irwin Creek, a Class xviiter in the Catio,vba River DESCRIPTION OF THE UPSET CONDITION On February 21, 2011 at 04:30 PM, Mr, David R‘!EirTICS Cif S&ME, Inc, arrived at the site to perform a routine We i! kly system check, Mr Reames observed a layer of diesel fuel in the water discharge side or the oillwatcr separator. This condition was not observed during the prior site visit on February 14, 2011, The Cause Of the diesel passing into the water discharge side is believed t 4) be the buildup of biological mass within the coalescing media. Mr. Reames skimmed the diesel fuel from the water side and placed the diesel us the separator side, ind then he checked the ouffill, 'and observed apparent - - :•••i; &ME p.1 ' Pine '0E0,3 • •rtE r'40,1 r;704 71„t coin Reparrino of 'Li' 5.er from Groundwater Remediatiort ',System Febtuany 25, 2011 NCG51D513, Schneider' Nationa1' Carriers, Charkitte, NO Sa4E P „iect No 13,54,04-353C diesel on the water surface within the np 7ap, i-10 then skit the system off, and then plitaA product absorbing pads wi 1 hin he rip rap, then walked along the path of water flow from the rip rap and notice that the llow ceased (iii filtrated) approximately 20 feet from the outfall. Stained „soil and ledves YKtrtt observed along this 20-foot run, There was no apparent now, in Irwin Creek, located approximately 120 feet from the end or thc obsorved ciiesei stained Ilascd on ;he area of the stained soli, S&N1 F. estimates lhat the lime of diesel release from syiatinn was 10 gallons Or 1C-iS MITIGATION MEASURES The system has remained t)ffsince February 21, 201 I, On February 24, 2.011, the stTarator i11 1coalescing media were il L ind u 10 the 01141:5 Within [he (nii tViit Seritrilic )1, the pe-Sepillitter Mak imd the product ,storage tank 'Nete removcid and disposed off -site. S&1\11'.. personnel confirmed the diesel in, the rip rall area and stained hased on 001 and appearance, ApproX nnarefy 4 cubic feet of soil and leaves werc,, removed and contained riir Ittier disposal off site, Fite repineethent of the carbon is scheduled for N4arch 1, 201 1, that time, will modify tlie plumbing in the re-sevaator tank. so chat dLl rows direeLly into the product storagc tank (Tiped fr(iin Ilea Ole top cif the pre-separtrlor tank) and wJtr flews to ftte. oilwater separator (1)..iped from near the tvis..0. of the ipre-separidor tank1 the r!oal orthe modifleittion is to redticc. the diescil thitt collocts1 n tlio. oilfwater sepan.itr uid therenyn,itucting the accuroulation of biological mass ill the coalescing media and int:- potential for diesel to pass throuLth the system, Cleanup of the :scpaTator tnJcoalescing tricditti will he .perfomied on an as needed depending on the nccumulat ion of biological mass in die scpa„rator. CLOSURE PletiSe ee.tittiet US if you InilVe any qucstioris 114 11 lig this report. Sinceroly, S&ME, Inc. urtiS Staff PrOleSSiOna„1 VVAD'u-nnrri Q6rIes. Senior Hydrogeologist . NC G 1 3513 23i1102-25 5-Jay rpl NPG.ES Upliet4cx cc: Holewinski, Schneider National, Inc. Paul Killian., C1E1 Consultants., Inc. tichtelF. Rate}, V,H1.1arn 1, R.oss jr, North Carolina fe ;ar€rnent c t r stvtrtas.r.,ent and Natural Resources September 17, 2008 Mr, Ha S, Trammell, President Livingstone Coating Corporation PO Box 668267 Charlotte, North Carolina 28266 SI BJEC'T: Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Peiutit No. NC0086002 Mecklenburg County, N.C. Dear Mr, Trammell: Colter, Fi, `tiepins, Dire tar Division of 'Water 'Fancy On August 14, 2008, Ms. Erin Hall of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part ofa cooperative working agreement between Mecklenburg Comity and the Division of Water Quality. Please provide the facility's Operator in Responsible Charge with the findings of the inspection by forwarding a copy of the enclosed report. If you have any questions concerning this report or any other ratters, please do not hesitate to call Ms. Marcia lllocco or me at this Office. Sincerely, 1br Robert B. Krebs Regional Supervisor Surface Water Protection Enclosure cc: Rusty Rozrelle, MCWQP DE Mooresville Regional Office No pl r7arolina Division of Water Quality Phone 704-663-1699 Customer er�ria 610 Exit Center Ave, Suite 30I. f.400resvtI1e: \C 2811.5 Fax 70 4 6663-6040 1 87'-623 ' F'48 An Equal Opportunity/Affirmative ,Action Employer -- SC% Recycled/10% Post So umer Paper United States Environmental Protection Agency, Washington , DC 20..460 NPDES Compliance Inspection Report AdsTx" North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office Transaction Code N 5 NC0086002 NPDES Permit No. NCDENR SectionA: National Data System Coding YR/MO/DAY inspection Type Inspector 08/08/14 Form Approved OMB No. 2040-0003 Approval Expires 7/31'85 Facility "Fype Remarks: Inspector: Mecklenburg CountyWater it Inspection Work Days Fai1itv Self -Monitoring Evaluation Rating 131 QA OA 4 .N N [ Name and Location of FacilityInspected: Livingstone Coating Corporation GWRS 240 Rhyne Road Mecklenburg County, Charlotte, North 'Carolina Na rn 11 Mr, H, S. Trammell -- President Phone. (704) 392-2323, Section B: FacilityData Entry Time: 9:00 am Exit Time: 945 am Date: 08/1.412008 f On -Site .Representatives I `S): Name and Address of Responsible Official: M. 1.-1. S. Trammell Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 Permit Z Records/Reports Facility Site Review Effluent/Receiving Waters Title: President Phone No. (704) 392-2323 Section : Areas Evaluated During Inspection Z1 How Measurement Z Self -Monitoring Program E Comph • c . Schedules El Laboratory Operations & Maintenance LI Sludge Handling Disposal Pretreatment Program Stormwater Section D: Summary of Findings/Comments Permit 1 November 1, 2006 as are rated satisfactory unless otherwise indicated, See Attached Sheet(s) for Summary Signature(s) of Inspector(s): Agency/Office/Telephone: Erin R. Hall EPA Form 3560-3 (Revised 3- MCWQP (704) 336-5500 ermit Expiration Date: June 30, 2010 Contacted? Yes Sewer Overflow I: Pollution Prevention Multimedia Other: Date: September 3, 2008 Agency/Office: e: JCDENR — Division of Water Quality Surface Water Protection — Mooresville Regional Office September 17, 2008 Previous Edition are are Obsolete GENERAL: The facility was last inspected on September 27, 2006, by Mr. Andrew Martin of the Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection Report was issued on October 18, 2006. PERMIT: The current permit became effective on November 1, 2006, and expires on June 30, 2010. The permit authorizes the discharge of treated groundwater to an unnamed tributary to Long Creek. The facility/ treats contaminated groundwater through a groundwater remediation system (GWRS), which consists of three active recovery wells, an equalization tank, a diffused aeration tank, two particulate filters in parallel, and two activated carbon adsorption vessels in parallel. The certification classification for NC0086002 requires that the facility have an operator in responsible charge (ORC) with a Grade 1 Physical Chemical Water Pollution Control System (PC-1) certification. The facility is staffed (ORC and back-up) with personnel that possess the appropriate operator certification. RECORDS/REPORTS: Discharge Monitoring Reports (DMRs) were reviewed for the period June 2007 through May 2008, The reports appeared to be properly completed. Records, reports, and logs for the groundwater remediation system are clear and well maintained; no discrepancies were noted. FACILITY SITE REVIEW: All of the major components of the remediation system er and appeared to be operating properly at the time of the inspection. FLOW MEASUREMENT: Part 1. A of the facility's NPL)ES permit requires continuous recording of the effluent flow if the remediation system is operated continuously. If the system is operated intermittently, the permit allows the. permittee to monitor flow weekly,' through :instantaneous flow measurements. The facility obtains weekly instantaneous flow estimates from a non -recording totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous, this :method of flow measurement is acceptable,. LABORATORY: The perrnittee contracts with Research & Analytical Laboratories, Inc, (NC Laboratory Certification # 34) to perform. all analyses specified in the permit. Research & Analytical Laboratories, Inc. wus not evaluated under this inspection, EFFLUENT/RECEIVING WATERS: The discharge point consists of a vegetated riprap-lined ditch, Whic h flows to an unnamed tributary to Long Creek, currently classified WS-IV waters within the Catawba River Basin. The facility as not discharging at the time of the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMRs), laboratory analytical reports, and operational logs were reviewed for the period June 2007 through May 2008. The reports indicate that the facility was meeting permit effluent limits during this period and that all parameters are being monitored at the proper frequency and location, OPERATIONS & MAINTENANCE: The facility and site appeared well operated and maintained, The site operator performs routine preventative maintenance on all components of the system. Carbon filters are exchanged on an annual or as needed basis. The last carbon exchange was conducted on February 29, 2008. CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H. S. Trammell, President Livingstone Coating Corporation PO Box 668267 Charlotte, North Carolina 28266 Dear Mr. Trammell: Michael F. Easley, Witham G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek,. P..E. Director Division of Water Quality October 18, 2006 7003 2260 (1001 3494 8599 SUBJECT: NOTICE OF VIOLATION Tracking #: NOV-2006-PC-0468 Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No.NC0086002 Mecklenburg County, N.C. On September 27, 2006, Mr. Andrew Martin of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation because of the finding noted under the Flow Measurement section of the enclosed report. It is requested that a written response, which addresses the noted deficiencies, be submitted to this Office by no later than November 17, 2006. Please direct your response to Ms, Marcia .Ailocco of this Office. Additionally, please send a copy of this response to Mr. Rusty R©zzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202. If you have any questiorts concerning this report or any other matters,, please do not hesitate to call. Mr. Allocco or me at this office. Enclosure cc: Rusty Rozzelle, IvICWQP DR t: /adrn/MA 0086Q02.0 O6.1:1OV Mooresville Regional Office Internet: www.novaterouality. Sincerely, D, Rex Gleason, P.E. Surface Water Protection. Regional Supervisor Division of Water Quality Phone 704-663-1699 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 NNwr hC►rolina aturally Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Transaction N United States Environmental Protection Agency, Washington , DC 20460 NPDES Compliance Inspection Report North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office Code 5 on A: National Data NPDES Permit No, YR/MO/DAY 06/09/27 NC0086002 Inspection Ty NCDENR e nspeetor Form Approved OMB No. 2040-0003 Approval Expires 7/31/85 Facility Type 2 Remarks: Inspector: Mecklenbur Coun 0 'at ion Work Days F elity Self -Monitoring Evaluation Rating 0,2 3 N tion Name and Location of Facility Inspected: Livingstone Coating Corporation GWRS 240 Rhyne Road Mecklenburg County, Charlotte, North Carolina : Facility Data QA N Resered Entry Time: 2:00 pm Exit Time: 2:44 pm Date: 09/2712006 Permit Effective Da March 1, 2004 Permit Expiration Date: June 30, 2005 Name(s) of On -Site Representatives ----Tit No(s) Mr. H. S. Trammell — President Phone: (704) 392-2323 Name and Address of Responsible 0 icial: Mr. H. S. Trammel Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 Title: President Phone No. (704) 392-2323 Contacted? Yes Permit Z Records/Reports Ar Flow Meas Setion C: Evaluated During Inspection ,ent Self -Monitoring Program Facility Site Revie LI Compliance Schedules Effluent/Receiving Waters Laboratory Z Operations & Maintenance El Sludge HandlingiDisposal Pretreatment Program LI Stormwater Z. Sewer Overflow El Pollution Prevention LI Multimedia 1:1 Other: Section D: Summary of Findings/Comments All reas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of lnspec Agency/Office/Telephone: Andrew D. Martin MCWQP (704) 336-4519 Si ture of Reviewer Marcia Allocco EPA Form 3560- (Revised 3 85 Pr Agency/Office: NCDENR DWQ (704) 663-1699 ious Editions are Obsolete Date: September 28, 2006 Date: tO -Pr -C-XP GENERAL: The facility was last inspected on December 12, 2004, by the Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection Report was issued on January 11, 2005. PERMIT: The old permit became effective on March I, 2004, and expired on June 30, 2005. The permittee submitted the permit renewal application prior to 180 days before the expiration of the current permit, but has yet to receive their new permit. The old permit authorizes the discharge of treated groundwater to an unnamed tributary to Long Creek, The facility treats contaminated groundwater through a groundwater remediation system (GWRS), which consists of three active recovery wells,. an equalization tank, a diffused aeration tank, two particulate filters in parallel, and two activated carbon adsorption vessels in parallel. The certification classification for NC0086002 requires that the facility have an operator in responsible charge (ORC) with a Grade I Physical Chemical Water Pollution Control System (PC-1) certification, The facility is staffed (ORC and back-up) with personnel that possess the appropriate operator certification. RECORDS/REPORTS: Discharge Monitoring Reports (DMRs) were reviewed for the period September 2005 through August 2006. The reports appeared to be properly completed. Records, reports, and logs for the groundwater remediation system are clear and well maintained; no discrepancies were noted. FACILITY SITE REVIEW: All of the major components of the remediation system were in service and appeared to be operating properly at the time of the inspection. FLOW MEASUREMENT: Part I. A of the facility's NPDES permit requires continuous recording of the effluent flow if the remediation system is operated continuously. If the system is operated intermittently, the permit allows the permittee to monitor flow weekly through instantaneous flow measurements. The facility obtains weekly instantaneous 'flow estimates from a non -recording. totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous, this method of flow measurement is acceptable. In Part II, Section D, Item 3 of NC0086002 permit requires flow measurement devices to be accurately calibrated at a minimum of once per year to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Currently this facility has not calibrated their flow measurement device; the ORC does not recall calibrating the device for several years, and has no records of calibration. Please have the flow meter calibrated as soon as possible. Rating: Unsatisfactory LABORATORY: Analysis of effluent samples is performed by Research & Analytical. Laboratories, Inc., which is certified by the State of North Carolina for the parameters specified in the permit (NC Lab Certification #34). Research & Analytical Laboratories, Inc. was not evaluated under this inspection. EFFLUENT/RECEIVING WATERS: The discharge point consists of a vegetated riprap-lined ditch, which flows to an unnamed tributary to Long Creek, currently classified WS-IV waters within the Catawba River Basin. The facility was discharging at the time of the inspection and no floating solids, foam, or odors were noted around the discharge pipe. The receiving water did not appear to be adversely affected by the effluent.. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMRs), laboratory analytical reports, and operational logs were reviewed for the period September 2005 through. August 2006. The reports indicate that the facility was meeting permit effluent limits during this period and that all parameters are being monitored at the proper frequency and location. OPERATIONS & MAINTENANCE: The facility and site appeared well operated and maintained. The site operator performs routine preventative maintenance on all components of the system and has an adequate inventory of supplies and spare parts on site andfor readily available. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary October 21, 2009 Mr: H. S, 'Trammell Livingstone Coating Corporation PO Box 668267 Charlotte, NC 28266-8267 Subject: Renewal Notice NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County Dear Permittee: Your NPDES permit expires on June 30, 2010. Federal (40 CFR 12241) and North Carolina (1.5A NCAC 2H,0105 (0) regulations state that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than January 1, 2010. Failure to request renewal by this date may result in a civil penalty assessment, Larger penalties may be assessed depending upon the delinquency of the request„ If any wastewater discharge will occur after June '30, 2010, the current permit :must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215,1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephonenumber or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr, NPDES Unit cc: Central Files Mooresville Regional Office, Surface Water Protection NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone 919 807-6391 / FAX 919 807-6495 charies.weayer@ncdenr.gov. One NorthCaroltna Naturally An Equal Opportunity/Affinallye Action Employer — 50% Recycled/10% Post Consumer Paper NPDES PERMIT NC0086002 LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY fl"he fo. A cover letter requesting renewal of the permit and documenting any changes at the facility issuance of the last Hermit. Submit one signed original and two copies_ are REQUIRED for all renewal packages: the completed application form (ctapp attached'), signed Representative. Submit one signed car°iginal and two copies.. permittee or ed If at .hluthca 'zed Representative (such as a consulting eng>inecr or envirat cntal consultant) prepares the renewal package, written. documentation must be provided showing the authcirite elelegate.d to any such .luthuri ed Representative. (see Part II.B.11..b of the existing NPI)1. perm.it). 1, 'narrative description of the sludge management plan for tyre facility. Describe how sludge (or otl er solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed e riginal and two copies, e terns t tust i)t submitted by any Municipal car It. ustrial facilities disci arging process wastewater: Industrial facilities classified as Prirrrar;- Industries (see Appendices 1-D to "Title 40 of the (ode of Federal ltegulatic:ans, Part 122) and ALL :Municipal facilities with a permitted flow ? I A) MGI) must submit: a Priority Pollutant Analysis (PPA) in accordance with 40 CF.R Part 122.21. The above requirement does NOT apply to privately owned fhcilitles treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) fetid the completed renewal. package ttu • Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 CERTIFIED MAIL RETURN RECEIPT REQIJESTED Mr, Id S Trammell President, Livingstone Coating Corp. P,O. Box 66S267 Charlotte, NC, 28266 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No, 'NC0086002 Livingstone Coating Corporation Mecklenburg County. Dear Mr. Trammell Michael f..Elasley, Governor William Ross it, Secretary North Carolina Department of Environment and Natural Resources March 22, 2007 7002 3150 0003 7052 3316 Alan W, Klimek, Director Division of Vilater Quality MAR es 2007 This is to inform you that the Environmental Sciences. Section has not received your toxicity selflmonitoring report. form for the. month orJantiary 2007in addition, your Discharge Monitoring Report for January 2007 has not been received by Central Files. This is in violation of Title 15A. of the North Carolina Administrative Code, Chapter 2, Suhchapter 213, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made," CZ '0 Cli"FIC47 Please remember thatreporting of toxicity self -monitoring data is a dual requirement. Toxicity test. results must be entered on your Discharge Monitoring Report and the 'Toxicity Reporting Form (AT Report Form), The AT report: firm must he submitted to: DWQ/ESS, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame, Your NPDES permit requires ,you to submit. an Aquatic Toxicity Self -Monitoring Form to this office during a month in which toxicity testing is required, regardless of whether a discharge occurs from the facility. Please ensure that AT test forms labeled "No Flow" are sent to this office during months when no discharge occurs and the facility is required to perform toxicity testing. You will he considered. noncompliant with the reporting requirements contained in your NPDES Permit for the month of January 2007 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30-day reporting period. Additional reporting and/or monitoring violations within a twelve (12) month period subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one -page summary. If you have any questions concerning this ',Notice,please contact Mr, John Giorgino with the Aquatic 'Toxicology Unit at (919) 73,3-2136. Truly Moor - Supervisor, Aquatic Toxicology Unit cc: Rob Krebs- Mooresville Regional Office John Lesley- Mooresville Regional Office Aquatic- Toxicology Unit Files. Central Files „On NorthCarolina Naturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 1-.'hone (919) 733-9960 Customer Service Internet httpfiwww esti enrstate nc us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (9)9) 733-9959 1477-623-6741i An Equal Opportunity/Affirmatve Action Employer — 50% Recycled,010% Post Consumer Paper WHOLE EFFLI.IENT TOXICITY ,MON1 TOR 1NG AND REPORTING INFORMATION • The following items are provided in an effort to assist you with identifying critical and sometimes overlooked. toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testinti and reporting requirements contained in yourNEDES permit. If you should 'have any questions about your toxicity - testing requirement, please contact Mr, John Giorgino with the Aquatic 7foxicology Unit at (919) 733-2136 or another Unit representative at the same number„. • 'The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed, The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity tcst reulis must he entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to, North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" 'form) must be submitted to the following address) North Carolina Division of Water Quality,' Environmental Sciences Section 1621 rstail Service Center Raleigh, North Carolina 27699-1621 Toxicity test results shall be filed with the Ensironmentacil S period (eg. January rest result is due by the end of February). es Section no later than 30 days after the end of the reporting • Toxicity test condition language contained in your NPDES permit may require .ase of mutt concentration toxicity testing upon failure of any single quarterly toxicity test, lithe initial pass/fail test failsor ifthe chronic value is lower than the permit limit then at least two multiple concentration .toxicity tests (one per month) will be conducted over the following two months., As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the 'Division's WET enforcement initiatives effective July 1,1999. Follow-up multiple concentration toxicity' testing will influence the Division's enforcement res.ponse. Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must he conducted during these months). 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, the permittee will revert to the quarterly months specified in the permit., Please note that your permit may or may not contain this language. ▪ If your NPDES Permit specifies episodic monitoring and your 'facility does not have a discharge from January 1-June 30, then you must provide NAIritten notification to the Environmental Sciences Section byr June 30 (bat a discharge did not occur during the .first six months of the calendar year, If you receive notification, from your contract laboratory that a test was invalidated„ you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test ssas invalidated and the date when follow-up testing will occur, if your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number., pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the 'form and submit following normal proc-ed_ures. 'The Aquatic Toxicity Testforms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification, In these cases, a duly authorized 'facility representative must sign the AT form. The Al form must. also be signed by the performing lab supervisor. To determine if your AT test forms were received on time hy the Division of Water Quality, you may consider submitting vour 'toxicity test results certified mail, return receipt requested to the Environmental -Sciences Section. Michael F: Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Date February 14, 2006 m()OICO: H.S. Trammell Livingstone Coating Corp. PO Box 668267 Charlotte, NC 28266 Subject: Notice of lncomplete Discharge Monitoring Report NC0086002 Dear Permittee: Alan W. Klimek., P. E. Director Division of Water Quality Ei3 1 6 2006 The purpose of this letter is to call your anent on to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our statT's ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DMR, you may be considered noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Philips Division of Water Quality Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-16 l 7 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion ofDMRs, please contact Michele Phillips at 919-733-5083 Ext. 534. Thank you for your assistance in this matter. Sincerely, Michele Phillips cc: Mooresville Regional Office Central Files N C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone. (919) 733-7015 Customer Service loternet http"lih2o.encstatestc,us 512 N. Salisbury St Raleigh, NC 27604 Fax (919) 733-0719 An Equal Opportunity/Affurriafive Acton Employer 1-877-623-674ft Notice of In orraplete Discharge Permit Number: Facility: County: DR Month and Year can to ng Report The Division of Water Quality deems the aforementioned DMR as incomplete due to following reason(s): (Please see highlighted areas on the tta he DAM for details) The written s alues are illegible 'he Average, Maximum, an a paints have been omitted The Units of Measure have been Dotted ttr are incorrect The D R Parameter Codes have been omitted Other: With read to parameters34481 (Toluene, dissolved), which you report d, our database show the code should be 34010 (Toluene). Please inform this office if the analytical method used was indeed what you reported or if the lab actually analyzed for the code our database sho If the latter is correct please update your form to code and resubmit per the enclosed letter. pr wtt th the correct November 14, 2006 North Carolina Department of Environment, and Natural Resources Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, North Carolina 28115 Attention: Ms. Marcia Allocco Subject: Notice of Violation Tracking # NOV-2006-PC-0468 Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No. NC0086002 Mecklenburg County, North Carolina Dear Ms. Allocco: NOV 2 1 200, In compliance with the subject. NOV dated October 18, 2006. Livingstone Coating Corporation is submitting this response to ©WQ's deficiency concerning annual calibration of the effluent flow meter. Livingstone has contacted the manufacturer of the existing flow meter to inquire as to calibration services. Turnaround time for this service is 4 weeks, To minimize system downtime Livingstone will purchase a new flow meter and install it.. We will then send the old flow meter back to the manufacturer for calibration and place it into stock to be installed when the new meter is due for calibr ition. This should satisfy the requirement for annual calibration of the flow meter.. If you have any questions please contact me at (704) 392-2323. Sincerely, LIVTONOATING CORPORATION tephn Trammell President H {. 3 t2`Y A. ; ROAD AT N (: 274V • CHARLOTTE NA: 22.2 _ _ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina L3epartntent of Enviromm�ent and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Date: October 12 Account Payable P.O. Box 668267 Charlotte, NC 28266 Subject: Notice of Incomplete Discharge Monitoring Report Dear Pe The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staff's ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DMR,, you may be considered noncompliant with your NPDES permit and 1.5A. NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Phillips Division ofWater Quality Central Files 161.7 Mail Service Center Raleigh, North Carolina 27699-1617 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 225. Thank you for your assistance in this matter, Sincerely, Alan W. Klimek, P.E. cc: Mooresville Regional Office Central Files N. C. Division of Water Quality Internet: httpJ/h2o.enr.statencus 1617 Mail Service Center Raleigh, North Carolina 2'7699-1617 Phone: (919) 733-7015 512 N. Sans ury St, Raleigh, NC 27604 Fax. (919) 733-0719 Customer ,SCrvit 1-877-623-674 fi An Equal oppartuni y/Atf6rmatve Action Employer Notice of tneomplete Discharge Monitoring Report Permit Number, Facility County: DMR Month and Year The Division of Water Quality deems the aforementioned DMR .s incomplete due to the following reasoa(s): (Please see the highlighted areas on the attached DMR for details.) © The written values are slie�ible, The Ave, Maxim a Minimum data points have been omitted. of Measure have been oro tted or are incorrect 'Q The DMR Parameter Codes have been omitted. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director May 16, 2005 CERTIFIED MAIL RETURN RECEIPT REOUE TED Mr. H. S. Trammell, President Livingstone Coating Corporation P.U. 13ox 668267 Charlotte, NC 28266 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-4J235 Livingstone Coating Corporation WW1"P NPDES Permit No. NC0086002 Mecklenburg County Dear Mr. Trammell: A review of the February 2005 self -monitoring report for the subject. facility revealed a violation of the following parameter: P 001 Parameter Total Nickel Reported Value 46 1tg/L 25 1ig/L FIN On the back side of DWQ Form MR -I, the Facility Status was erroneously listed as Compliant; this is also a violation, subject to an enforcement action. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for these and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this rrtatl me at 704/663-1699. cc: Point Source Branch please do not hesitate to contact Mr, I ridgeman or Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor MooresvilleVgional Office 610 East Center Avenue, Suite 301,. Phone: 704-663-1699 / Fax: 704-66 resville, North Carolina 28115 0 i Internet; h2o.enr.stale,nc,us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One NorthCar©hna Vaturaiij Ti January 24, 2005 North Carolina Department of Environment and Natural Resources Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 RETURN RECEIPT REQUESTED Attention: D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Subject: Notice of Violation Tracking # NOV-2005-PC-0003 Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit NC 0086002 Mecklenburg County, NC Mr. Gleason: This letter is in response to the subject NOV date January 11, 2005, During the December 21, 2004 inspection of the MR-1 reports, it was discovered that the analysis and reporting of methyl -ethyl -ketone (MEK) had been omitted during the months of May through November 2004, Livingstone has discovered that the MEK analysis was in fact performed in May 2004 but not reported and an amended MR-1 form for May 2004 with the result of the MEK analysis has been submitted. Livingstone has determined that the cause of the omission of the MEK analysis was an incorrect laboratory chain -of -custody (COC) form prepared by the licensed operator -in -charge. The base COC was then copied and reused until the error was discovered during the inspection. Livingstone immediately ordered the laboratory to resample in December 2004 and has since worked with the operator, laboratory and engineer to develop and implement a system of checks to insure the completeness and accuracy of the COC, laboratory analyses and reporting. Livingstone will continue to improve its quality of operation and reporting to meet the permit limits as established by DENR. If you have any questions please contact our engineer, David Gipe, at 704-552-7063 or me at 704-392-2323. Sincerely, LIVINGST NE H.S. President ATING CORPORATION cc: Mr, Rusty Rozzelle Mecklenburg County Water Quality Protection 700 N Tryon Street, Suite 205 Charlotte, NC 28202 7041392-2323 iC F AX 70...V399402 December 21, 2004 Mr. Charles H. Weaver, Jr. NCDENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RETURN RECEIPT REQUESTED Subject. Notice of Renewal Intent NPDES Permit NC 0086002 Livingstone Coating Corporation Mecklenburg County Mr. Weaver, By this cover letter and the enclosures herein, Livingstone Coating Corporation requests renewal of the permit listed above. There have been no changes to the treatment system since the issuance of the last permit. Enclosed are the original and two copies of the completed NPDES Permit Application - Short Form C-GW, Version 5/2004 and attached site map, USGS topographical map, the most recent effluent analytical results and a Sludge Management Plan indicating that the remediation system generates no sludge. Sincerely, LIVINGSTONE COATING CORPORATION H. ' . ammell Pre dent Enclosures cc: Mooresville Regional Office, Water Quality Section (w/o enclosures) v.. "vie 4' sl. ,! I G ADDRESS: DRES 7. :< ;at, rr 1"} p } #, ".: a {, HARLO TT k., N.C. 28214 AtirripA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor January 11, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Witham G. Ross, Jr., Secretary Alan W. Klimek, PE., Director 7003 2260 0001 3551 7947 Mr, H. S. Trammell, President Livingstone Coating Corporation P. O. Box 668267 Charlotte, North Carolina 28266 SUBJECT: NOTICE OF VIOLATION' Tracking #: NOV-2005-PC-0003 Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No, NC0086002 Mecklenburg County, N.C. Dear Mr, Trammell: On December 21, 2004, Mr, David Rimer of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation because of the finding noted under the Self - Monitoring Program heading of the enclosed report. It is requested that a written response,, which addresses the noted deficiencies, be submitted to this Office by no later than January 28, 2005. Please direct your response to Mr. Richard Bridgeman of this Office. Additionally, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202. If you have any questions concerning this report or any other matters, please do not hesitate to call Mr. Richard Bridgeman or me at this office. Sincerely, 2 r i ,,,---\ D, Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Rusty Rozzelle„ MCWQP DRG/djr Mooresville Regional Office 610 East Center Avenue, Sue 301, Mooresville, North Carolina 28115 Phone: 704-663-1609 Fax 704-663-6040 / Internet: h2o enr,stated-tc us One North Carolina Vaturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper TransactioN r---- SWICS EnVit011.111Cilta Protection Agency 1.3s7ashirurtin NPL)ES Compliance InspectiOD Report North Carolina Department of Environment and Natural Resour Division of Water Quality, Mooresville Regional Office Section A: .National Data Sys CodD e NP.E§ Permit Ntri YRIMO/DAY NC0086002 04/12/21 Ceti 24;w) AwcirA Azoias, NCDENR _ . specnon Type Inspector Remarks: Inspector: Mecklenburg County raterQuhty Inspection Work Days Facility Self -Monitoring Evaluation Rating 0.6 Name and Location of FaciUty Inspected: Livingstone Coating Corporation GWRS 240 Rhyne Road Mecklenburg County, Charlotte, North Carolina 3 Form Approved OMdt N C° 2040-0003 Approval Expires Faciltt. Type i3I QA„ - Reserve( N N Section . Facility. Data Entry Time: 10:40 am Exit Time: 11:30 am Date: 12121/2004 presentatives Title( r,H S. Trammell ? President Phone: (704) 392-2.323. .Phone No(): Name and Address of Responsible Official: Mr. H. S. Trammel Livingstone Coating Corporat • .r Pia.Box 668267 Charlotte, North Carolina .28266 Title: President Date: rch 1, 2004 Permit Expiration June 30., 200.5 Phone No. (704) 392-2323 Section C: Areas Evaluated During Inspection Permit Z Flow Measurement RecordsiiRepons Self -Monitoring Program. Facility Site Review. 0. Compliance Schedules Effluent Receiving Waters Z Laboratory N Operations & Marntcnance EI Sludge .Handlit ulDisposal Pretreatment. Program .Stormwater Contacted?' Yes I Sewer Overflow Lul Pollution Prevention [11 Multimedia E Other-. Section D: Sununary of Findings/Comments All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of Inspector(s): David J. Rini' Sinarure of Reviewer: Agency/Office/Telephone: MCWQP (704) 336-.5500 Aoencv/ c EPA Form 3560-3 (Revised 3-85) Previous Editions are Ohs 'December 2.8...2004 Date: GENERAL: The facility was last inspected on May 27, 2004 by the Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection Report was issued on June 22, 2004. PERMIT: The c permittee will submit the current permit. The permit tributary to Long Creek.. effective on March 1, 2004 and expires on June 30, 2005, The ewal application prior to 180 days before the expiration of the s the discharge of treated groundwater to an unnamed The facility treats contaminated groundwater through a groundwater remediation system (GWRS), which consists of three active recovery wells, an equalization tank, a diffused aeration tank, two particulate filters in parallel, and two activated carbon adsorption vessels in parallel. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period November 2003 through October 2004. The reports appeared to be properly completed. Records, reports, and logs for the groundwater remediation system are clear and we tained; no discrepancies were noted. FACILITY SITE REVIEW: The facility is authorized to discharge wastewater to receiving waters designated as an unnamed tributary to Long Creek within the Catawba River Basin. All of the major components of the remediation system were in service and appeared to be operating properly at the time of the inspection. FLOW MEASUREMENT: Part I.A of the facility NPDES permit requires continuous recording flow measurement at the effluent if the discharge is continuous or a weekly instantaneous flow estimate if the discharge is intermittent. The facility obtains weekly instantaneous flow estimates from a non - recording totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous, this method of flow measurement is acceptable.. LABORATORY: Analysis of effluent samples is performed by Research & Analytical Laboratories, Inc. Research & Analytical Laboratories, Inc. is ed by the State of North Carolina to perform analysis on all parameters specified in the permit (NC Certification #34). Research & Analytical Laboratories, Inc. was not evaluated under this inspection. EFFLUENT/ ECEIVNG ``4 ►'A'l The cility odors were noted around The discharge point ibutary to Long Creek, current ge pipe. of a vegetated rips classified WS-IV waters SELF -MONITORING PROGRAM: No floating Discharge Monitoring Reports (DMR's), i : boratory analytical reports, and operational logs were reviewed for the period November 2003 through October 2004. The reports indicate that the facility was in compliance with permit effluent limits and monitoring requirements during this period, except for the following: Methyl Ethyl Ketone was not measured foi September, and October 2004. This constitutes six accordance with monthly monitoring requirements. RATING: Unsatisfactory OPE routine of supplies ONS&M ANCE: y, June, July, August, failures to monitor in ed well operated and tained. The site operator performs on all components of the system and has an adequate inventory spare parts on site and/or readily available. 7,1 NCDENR EL S. Trammell Livingstone Coating Corporation PO Box 668267 Charlotte, NC 28266 Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality September 9, 24 Subject Renewal Notice NPDES Permit. NC0086002 Livingstone Coating Corporation Mecklenburg County Your NPDES permit expires on June 30, 2005. Federal (40 CYR 122.41) and North Carolina (15A NCAC 21.10105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration. of the current permit. I� you have already :mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal. package must be sent to the Division postmarked no later than January 2005. Failure to request renewal by this date may result in a civil assessment of at least $500,00..Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater dice large will occur after Jtine 3C, 2005, the current permit must be rensewed, Discharge of w astev without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater rnay be assessed civil penalties of up to $25,0.00 per day, If all wastewater discharge has ceased at your facility and you wish to rescind this perrrtit, contact me at the telephone number or address listed below. You may also contact the Ivoresville Regional Office at ` ) 663-1699 to begin the rescission process. the permit. below. he enclosed checklist to complete your renewal package. The checklist identifies t1 ewal application. If you have any questions, please contact me at the telephone nu Sincerely, arles H. Weaver, Jr. NPDES Unit cc: Central Files Mooresville Regional. Office, Water Quality Section NPDES File rns you must submit with or e-mail address listed 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT LIS ON THE INTERNET @ http:i/h2o,enr„state,nc.usINPDES e-mail: charles.weaver@ncmailonet NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County The following items are REQUIRED for all renewal packages: [J A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. J The cornpleted application , form (copy attached), signed by the perrnittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1.Lb of the existing 'NPDES penriit). [-I A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility, does not generate any solids), explain this in writing. Submit one signed original and two copies. The followin items must be submitted hy anv Municipal or Industrial. facilities dischargin processwastewater Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 ETR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non -process wastewater cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR Water Quality NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Mr. H. S. Trammell, President Livingstone Coating Corporation P. O. Box 668267 Charlotte, North Carolina 28266 Dear Mr. Tr ell: Mei E. Eas,ley, WilliamG.Ross „fr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coieen 1-1 SutIlins Deputy Director Diiosion of Water Quality lune 22, 2004 SUBJECT: Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No, NC0086002 Mecklenburg County, N.C. On May 27, 2004, Mr, David Rimer of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. Because of the allure to report Flow data for the last week during February 2004, this Report would normally have been issued as a Notice of Deficiency (NOD). However, the Report will not be issued as a NOD, because of the inclement weather which limited travel during the subject week, and because the other minimum monitoring requirements were met, If you have any questions concerning this report or any other matters, please do not hesitate to call Mr, Richard Bridgernan or me at this office. Sincerely, ( Nki0 D. Rex Gleason, P.E. \ Water Quality Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP DRG/djr File WQ 0086002.504 Nort Carolina Natialay Division of Water Quality, Mooresville Regional Office., 91.9 North Main Street, Mooresville NC 281.15 (704) 663 - 6 99 Custom- Service 1-877-623-6748 United States Environmental Protection Agency, Washington ., DC 20460 NPDES Compliance Inspection Report North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office NCDENR Form Approved OMB No. 2040-0003 Approval Expires 7131/85 ransacti Section A: National Data System Coding Code -NPDES Permit No, YR7MO/DAY Inspection Type Inspector Inspection Work Days 0.4 NC0086002 04/05127 Facility Type Name and Location of Facility Inspected: Livingstone Coanng Corporation GWRS 240 Rhyne Road. Mecklenburg County. Charlotte, North Carolina Remarks: or cklenbur: County Water Quality: valuation Rating BI QA Sec : Facility Data Name(s) of On -Site Representatives Title(s) Phone No(s): Entry Time: 900 am. Exit Time: 1.045 am Date: 5127/2004 Resened Permit Effective Date: March 1, 2004 Permit Expirati June 30, 2005 Date: Mr. I. Scott Moncrief Lu2rneerrng. Research 31 Development Manager Phone: (704) 392-2323 Name and Address of Responsible 0 cia Mr Steve Trammel Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 remiu Records/Reports Facility Site Reiew Title: President Phone No. (704) 392-2323 Contacted? Section C: valuated Durin Ins ection n Flow. Measurement Self -Monitoring Program rE Compliance Schedules Effluent/Receiving Waters Laboratory C>perations & Maintenance Sludge Handling/Disposal Pretreatment Program [I] Stormwater 11 Sewer Overflow El Pollution Prevention El Multimedia Other: Section D: Summary of Findings/Comments All areas are rated satisfactory unless therwise indicated. See Attached Sheet(s Su Signature(s) of lnspcctor(s): David J. Rim Agency/Office/Telephone: MCWQP (704)336-5500 g ature of Reviewer: Age '/Off e EPA Form 3560-3 (Revised 3-35) Previous .Ediuons are Obsolete Date: June 2, 2004 Date: GENERAL: The facility was last inspected on March 14. 2003 by the Mecklenburg County Water Quality Program (MCWQP). A Compliance Evaluation Inspection Report was issued on April 8. 1001 PERMIT: The current permit became effective on March 1, 2004 and expires on June 30, 2005. The permit authorizes the discharge of treated groundwater to an unnarned tributary to Long Creek. The facility treats contaminated groundwater through a groundwater remediation system (GWRS), which consists of three active recovery wells. an equalization tank. a diffused aeration tank. two particulate filters in parallel. and two activated carbon adsorption vessels in parallel. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period April 2003 through March 2004. The reports appeared to be properly completed. Records, reports, and logs fbr the groundwater remediation systeme clear and well maintained: no discrepancies were noted. FAC1LJTY SITE REVIEW: The facility is authorized to discharge wastewater to receiving waters designated as an unnamed tributary to Long Creek within the Catawba River Basin. All of the major components of the remediation system were in service and appeared to be operating properly at the time of the inspection. FLOW ASUREMENT: Part 1.A of the facility NPDES permit requires continuous recording flow measurement at the effluent if the discharge is continuous or a weekly instantaneous flow estimate if the discharge is intermittent. The facility obtains weekly instantaneous flow estirnates from a non - recording totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous, this method of flow measurement is acceptable. LABORATORY: Analysis of effluent samples is performed by Research & Analytical Laboratories, Inc. Research & Analytical Laboratories, Inc. is certified by the State of North Carolina to perform. analysis on all parameters specified in the permit (NC Certification #34). Research & Analytical Laboratories, Inc. was not evaluated under this inspection. �NT RE+CE NG WATERS: The facility was discharging at the time of the odors were noted around the discharge pipe. pection. No floating solids, foam, or The discharge point consists of a vegetated riprap-lined ditch, which flaws to an unnamed tributary to Long Creek, currently classified WS-IV waters within the Catawba River Basin. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's), laboratory analytical reports, and operational logs were reviewed for the period April 2003 through March 2004. The reports indicate that the facility was in compliance with permit effluent limits and monitoring requirements during this period. except for the month of February 2004, which did not record the flow data for the fourth week. Research & Analytical Laboratories, Inc. facility. OPERATIONS MAIN "I MANCE: el conduct effluent sampling at the The facility and site appeared well operated and maintained. The site operator performs routine preventative maintenance on all components of the system and has an adequate inventory of supplies and spare parts on site and/or readily available. Michael F, Easley Governor William G. Ross, Jr., Secretary Department of Environment. and NaturalResources Plan W. Klimek, P.E.: Director Division of Water Quality CERTIFIED M.A1,L, RETURN RECEIPT ,REQUESTED S Trammell ngstorrle Coating P.C). Box 6682() / Charlotte. North (.lane+rlina 28266 SUBJECT: March 24, 2004 NO' L`1Ci OF Effluent Toxi aty Testing NPDES Permit No. NCO080002 Livingston (o,.tting (orporrtion Mecklenburg (w; 0 4.r ra t y MAR 2 6 2004 This is to in rttt you that the Environmental Sr.trrlc.e Branch has not rt:eeieled your toxicity self - monitoring report •form for the month of January 2004. This i ita °iolation of Title 15A, of the North Carolina Administrative Code, Chapter° " , Subchapter 2B, Section :0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your L.)ischaree Mont was conducted. We have recei '2004, which is a non -testing mo n onitr rilrg rlatat is a dual requirement, Report and the Toxic Reporting Form 4 AT Re.port f Service Center, Raleit h NC 27699- I621 within the required 104 does not indicate that a chronic. Report for Jonn3r° y self -monitoring report form for the month of er that reporting of toxicity self- y test ro sttlt:s alatast be entered on your Discharge Monitoring submitted to: DWC4/E-SR, 1621 Mail You will be considered noncompliant e with the reporting requirements Permit for the month of January 2004 until you make acceptable. demonstration Sciences Branch that the report form was submitted to this office within the regt period. In addition, if within the next twelve ll,?immmont@rs. future worts are no[ p aired time frame, t o maybe ,t,ssesse VJenalty°. The 1 beta e side of tilts Alt tic.e contains a summ requirement,. Please read this one page summary and if y please contact Mr: Kevin Bowden with the Aquatic Toxic Sincerely 1rtant tox nta..ined. in your• NPDES the Environmental ed 30 day reporting dceived within the onitcaring and report 1y questions concern at (919) 733-2136. for E:nv ironment cc: Rex Gleason- Mooresville Regional Ofl John Lesley- Mooresville Regional Off Aquatic Toxicology Unit Files Central Files Chief this Notice, C Customer Service 800 623-7748 Environmental Sciences Branch 1621 Mail Service Center Rralelgh. NC 27699-1621 (919) 733-2136 WITOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION The. ifollowing items are provided in an effort to assist you with identifying critical and sometimes overlooked toxic testing and reporting informtaion, Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit, if you should have any questions about your toxicity -testing requirement, please contact Mr, Kevin Bowden with the AC;liatie Toxicology Unit at (919) 733- 2136 or another Unit representative. at the same niimbcr. 1 he i2ermittee is responsible for ensuring that toxicity tesmlg is conducted according to the permit requirement and that toxicity report forms a.re appropriately filed. The reporting of whole effluent toxicity testing data is a dual reqiurcJnen1 All toxicity test results, most he entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Central Files 161.7 Mail Service Center .Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original AT form) must he submitted to the following address: North Carolina Division of Water it Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 roettijest results shallbe filed with the Environmental Sciences Branch no Later than 30 clays after the end of the reportimt period reg„lanuary test result is due by the end of February). Toxicity test condition ilanguage contained in your NPDES permit may requart USC )if multiple concentration toxicity testing upon failurc of any single quarterly toxicity test. If the initial pass/fail k es t fails or if the chronic value is lower than the permit limi, hen at. least two multiple concentration toxicity tests (one per month). will he conducted over the following t WO months. As many ;Analyses as can he completed will he accepted. If your NPDES permit does not require use of multiple con.ceraration toxicity testing upon failure of any single quarterly test., you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999, Follow-up multiple concentration toxicity testing tvill influence the Division's enforcemenrresponse. Toxicity,' testing months arc specified. ny the NPDES Penton, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in ytour NPDES permit arc March., June, September, and December, then toxicity testing must be conducted during these months)„ 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, the permineess revert to the quarterly months specified in the perinit, Please note that your permit may or may not contain this language, If your NPDES Permit spcei hes episodic monitoring and your facility does not have a discharge from January 11.-June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur daring the firstsix months of the calendar year, 7?: If you receive notification from your contract laboratory that ti test was invalidated, you should immediately notify the Environmental Sciences Branch at (919). 733-2'136 and provide 'written documentation indicating why thc test was invalidated and the date when follow-up testing will occur, If your facility is required to conduct toxicity testing during a month in which no discharge occurs., you should complete the information Hock 'located at the top of the AT lomi indicating the facility name, permit number, pipe numbcr. county and the monthlyear of the subject repot „ You should also write "No Floss on the AT ibrin, sign the form and submit following normal procedures, The Aquatic Toxicity Test forms shall be signed hy the facility's Operator in Responsible Charge. tOR.C) except for facilities which have not received a facility classification. In these cases, ti duly authoritted facility representative inust sign the ilVT7 form, The AT form must also be signed by the performing lab SUpervisor. 'Fo determine if your A.T test "forms were received on timeby the Division of Water Quality, sou mini co ''s your toxicity test results certified mad, return receipt requested to the EnVironmenial Sciences Branch. Mr. J. Scott Moncrief Livingston Coating Corporation P. O. Box 668267 Charlotte, NC 28266-8267 Subject Dear Mr. Moncrief: Michael F. Easley, Governor Wfliarn G. Ross Jr„ Secretary Department of Environment and Natural Piesouttes Jan W. Klimek, RE., Director Division of Water Quality April 23, 2003 Rescission of NPDES General Permit Permit Number NCG030062 Livingston Coating Corporation Mecklenburg County ,q411 cES Fi Reference is made to your recent request for rescission of the subject NPDES General. Permit. In your submittal you provided information certifying the site met the no exposure exclusion from NPDES Storm Water Pennitting and therefore no longer requires coverage under the general permit. In accordance with your request, NPDES General Permit NCG030062 is rescinded, effective immediately. Please be advised that this permit rescission is based wholly upon your statement that the activities which would require general permit coverage at the site have ceased or been eliminated. Division staff has not visited the site to obtain independent verification. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. Enforcement action will be certain for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should notify this office immediately. Furthermore, if in the future you wish to again discharge to the State's surface waters, you must first apply for and receive a new NPDES permit. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Bob Sledge at (919) 733-5083, extension 547 or the Water Quality staff in our Mooresville Regional Office at (7(4) 663-1699. an W. Klimek, P.E. cc: Mooresville Regional Office w/attachments Stormwater & General Permits Unit Point Source Compliance — Bob Sledge - w/attachments Central Files - w/attachments Fran McPherson, DWQ Budget. Office Customer Service 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Fax (919)733-9612 c 323 APR 14 '03 13 18 L IV INGSTONE COATING CORP rriir Coathig Corporation ATTN: Vanessa Manuel: Livingstone Coating ODeporttion P.O. box 88a267 Z40 }th,yoe Rod (11E*14) Charlotte, NC 2826$4261 rhoue 7013K-3328 FAX 'Magi-021 emit ISMoneliefOltvoosts.boni Facsimile To: Vanessa Manual.NCDENR/DWQ Fax: 919.733.9612 From: J. Scott Moncriet Date: Monday, April 14, 2003 Re: Permit #NCG030062 Pages: 8, including this Following are copies of the Invoice and RESCISSION REQUEST FORM and NO EXPOSURE CERTIFICATION as we discussed this afternoon. Pfease call after you have had a chance to review this information. Sincerely, LIVINGSTONE COATING CORPORATION Scott Moncrief Manager -Engineering, R & D APR 14 '03 13:19 LIVINGSTONE COATING CORP PAGE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INVOICE Annual Pormlt Fee This annual fcc is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid ptnnit is at violation and is subject to a $30,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or mcxieling conditions, Permit Number: NCG030062 Livingstone Coating Corporation H S TRAMMELL LIVINGSTONE COATING CORPORATION PO BOX 668267 CHARLOTTE NC 28266 Annual Fee Period: Invoice Date; Due Date; Annual Fee: 2/1/2003 to 1/31/2004 March 24, 2003 April 23, 2003 $80.00 Notes: I. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will lnttlate the permit revocation process, 3. Remit payment to: NCDENR -Division of Water Quality 1617 Mall Service Center Raleigh, North Carolina 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual AdrniniRtertrig and Compliance Fee Coordinator at 919-733-5083 extension 210, • ip 11* t4ilegn,*ti,R1#144 tliat*tot t 1, 4 111 titt tt.de t x • ,14. I t f$44fitt..1,,INtki 11# si A p ANNUAL PERMIT INVOICE (Return This Portion With Check) Permit Number: NCG030062 Livingstone Coating Corporation H S TRAIvIMELL LIVINGSTONE COATING CORPORATION PC) BOX 668267 CHARLOTTE NC 28266 Annual Fee Period; Invoice Date: Due Date: Annual Fee: Check Number: 2/112003 to 1/31/20 4 March 24, 2003 April 23, 2003 $80.00 APR 14 03 13;20 LIVINGSTONE COATING CORP He'w voxc$ $4 A/ mci>eivkit 1}WY19 663 - +499 y: es /+' CAcy 4/4 ,de f %4z-1,/4+.44 c 41' 44 ScAszfr.a Nc L i02/yaw©. (v) ?33 5083 54'7 TN vor APR 14 '83 1.320 LIVINGSTONE COATING CORP PERMIT COVERAGE SCISSION RE UEST FORM National PollsrLiiit Discharge Elimination System Stormwater General Permit NCG030000 LIVINGSTONE COATING CORPORATION COC Number NCGO30062 Mecklenburg County FACILITY INFORMATION The following is thc information currently in our database for your facility. Please review this information carefully and make all corroctions as nomssary in the space provided toutc right of the eurrem information. Facility Name: LiVINOSTON," COATING CORPORATION Mailing Address*: Location Address: FacilityContact: Phone Number: Fax Number: E-mail address: PO BOX 058267 CHARLOTIIL NC 2$266 240 RHYNE RD CHARLOTTE, NC 2t1i4 ACCOUNT PAYABLE /04192Z2.1 No number on file No address on file Thic iR the address to which all permit correspondence will he mailed Reason for rescission request: Enclosed. t per NPDES Form 3510-1 ure) REQUEST AND CERTIFICATION I, as an authorize(' representative, hereby request r iston ofcoverage uncle; NPDES StorillW8tel Geileial Permit NCGD30000 fr the subie facility. I am farniliar with the information contained in this request and that to the best of my k lief such information is true. complete and accurate. Signature or type name of person signing above Presid Title Please return this completed rescission request and any relevant docurnenialion 10: General Permit Coverage Rescission Attu: Wyly Stephens Stormwater and General Pitinits Unit 1617 Mail Service Center Raleigh, North Carolina 271599.1617 and is obligated to comply with the terms and cr nditione of APR 14 'e3 13 21 LIVING'STONE COATING CORP NPDES FORM 33610.11 EPA United States Environmental Protection Agency Washington, DC 20460 NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting PAGE 5 n A does not require permit authorization for !is storm water usfrtttl acHvtty Nr ttte State tdertllABd In $e+ lion $ter E1 °s Storm Water Muth -Sector Gorier Permit duo to tho existence A condition of no exposure mate tit to Industrial facility §t ttawtt atf IndtestrJaf matertats Itrtd eotl rItloo drat protootcd by to storm assistant shelter to prevent exposure to rain, snow, Bnowmett, and/or runoff. Induetri& mateitets car snct1v1t1as InoNade, but are roost Ilmead to, materiel headlong equipment or activator. Industrial mschtnory, raw metertels, iniermod4►Ie pros#uotr,, by-prc�tluvis, llnitl prcGtucts, srr waste prc+ducta, Materiel handling ecreyelets holed* MO Mtologo. Wading and unloading, transportation, or conveyance of any raw mate ri 1, lntvrrmstflato product, final product or waste product. A storm reel slant shatter IS not required for tho following tnduetrial meieriets ervi naivetes: — drums, barrels, tanks, and similar containers that ere tightly *snood provided these confronts are not dotorlorated and do not teak. 'Seder manna banded or otherwise secured and without ogrratiorrtrl ISO or valves: • adequately maintained vehicles used In material handling; and — Anal products, other than products that would bo moblll!ad in storm water titscherges (e.g., rock salt). A No Exposure Certification must be provided for 'soh beak/ qualifying for the no exposure exclusion, in addition, the exclusion from NPDES pormitting k available one facirey.wide basis nnly, not for Individtret otehtilli, If tiny industrial activities or materials are or will be axpveed to proclpllatlorr, tho feviltty is not eligibip for the no eucposure oxduelon. By signing and submitting this No 'Exposure Certification form, fhe erttlty in Section A Is certifying that a condition of no oxposuro racists et its facility or site. 7B(p)• ALL INFORMATION MUST aE PROVIDED ON THIS Pc RM. Oatalled instructions for completing this form and obtaining tha no exposure axctuslon ere provided on pages 1 end 4. A. Facility Oprretor information 1, Neme: "1 t N1 GIS r I ui NtE Mailing Address: a. Street', ip ( r i 1R rr City: ,.I F#I n.l to TJ Cr11' 1 "1 Fl 1 1 12. Phone: 131014 ti 19 i? 12 1..112.13 .I 7l 1t. I 1 I t I J I I 1 I I I. .1 1. 1 �j ,1 c. State: tt. Zip Code; I2 I B. FacllltyiSlle Location Information 1. Facility Name; IL I 'IVIItN l (SLT,° jNJEI.. J RA Cr N [Gt PLl [J.l.I 1 2..a, Street Address; 12 u I-41©I . I RI H I Y l EL IR I Q AI D I. t . j j 1 1 1 1 _1 .1 .I .. I. 1 I 1 _1.. I b. City: 1C1U1 Ai.RILPO CC jxl.EI -1 L _l J 1 .1_ i 1 _l.J 1 1 c. County: IU)S 1 Ai ,I 1 ,.1 J . I.,I .1 d. Stole: J e, Zip Code: 121 RI i' 4i —1 I . t 1 I 3, Is oho facility located on Indian Londe? Yee 0 NO 13 4. Is this to Federal feollay? Yes Q, No (11 S. e. Latitude: 13L51 L 171 ' I1 t 1 ` b. Longitude: ` 6, O. Was tho facility or alto previously cowered under sn NPDES storm water permit? Ybs I3 No b. if yes, enter NPDES permit number: t 300co 7. StC/Activity Codas. Primary. 13 1 417 1 39roondery (I( applicable): 1 l 1 t ) e. Total oizo of alto oasoolotod with Industrial activity: 5 t5 moss Q. a. Have you paved or roofed over a tarmarly exposed, previous area in radar lo quality for the no +racpas ure Iatcluslon? Vas © N b. if yos, please indicate approximately how murk erne wen paved or rOnfeci nw9r. Comptwting this question dons not disqualify you for thn no raposurrc exclusion, However, your permitting authority roes wee the Mtkmnation In considering 'another storm water discharges from your sitar ere likely to hews an adverse impact on water quality, In which rase you could bo required to obtain permit octverego. Lass than one acre Q Ono to the scams 0 Moro then five acme 0 (10•9B) of 4 APR 14 °8 13 23 LiV INGSTO14E, COAT ING CORP PAGE 7 NPDES __ EPA 351h N1 I�� Instructions for the NO EXPO Exclusion from NPDES Storm W1 o May File s No Exposure Certification Federal lbw at 40 CFR Pert 122.26 prohibits point source discharges of storm water asaccteled with ktdtntriel activity to waters of the U.S. witeuut National Pollrttent Discharge Ettmetatton System (NPDES) pomp. l iorrever, PDES permit ooveroge to not required for dlcchareee of slue n water sedated with Musette activities Identified at. 40 CFR 122.26(b)(14)(I)- p and (xi) If the dlschargttr can certify that a modem of no exposure' the Industrial facility or site,. discharges from construction eclivfllos identl6ed in 40 CFR )(x) and (b)(15) are not eilgibte her the no exposure oxchtaton. Obtaining and Maintaining the No Exposure Exclusion This form Is used to certify that a condition of no exposure exists at the in jurisdictions where EPA is the NPDES permitting authority and must be re.cueeettee Pt leerieortoe every Ilya years. Tlhe Industrial facility operator meet maintain a oondltion of no oxpo ure et Its finery or site In order for the no exposure exclusion to remain applicable. if conditions!, teems* reeuiting In the oxpoeuro of rectorial) and activities to storm water, the facility operator must obtain oovorage under an NPDES form water permit immodestoty; i4fhetoa to File rho No Exposure Certification Form lttetl the c trrplated no exposure oortification form to: Storm Water No Exposure Certification (4203) USEPA 401 M Street, SW Washington, p.C, 20460 Completing the Form YOU 14a1 typo or print, uskrg up Enter only ono character per epee. if necessary to stay wit??ln the number Use one apace for breaks between words. One torn must ire for each facility or site for which you ere Seeking to cxrtify a condition of exposure. Additional guidance on completing this form can be aweless thr6Ugh EPA's Web Site at were spa.govlowrn/aw, Please melee sure you have addressed all applicable questions and have made a photocopy for your recorde before sending the oompleted form to the above address,. Section A. Feclllty Operator Information Provide tho legal name of the person, flan, public orgen3zation, or any other entity that operates the facility or elite d000rtbod a tine eortllioadorr. The neme of the operator may or may not be the .cote as the name of the feelllty.—Th -operator le the lo,gol entity that controls the facilit'y's operation, rather than the plant or site Manager. Provide the telephone number of the facility openstcr, Provide the mailing address of the operator (P,0, Box numbers may be used), Include the city, state, arrd zip coda. All oserreaponderrramr wtli be Font to the. address. IFICATION for Permitting Section B. Facility/Site Location Information 1. Enter the official or legal name of the facility or she. 2, Eider the omelets/ atraet addrees (M no street address txtsis, provide a peogrepnle description (e.g., Intereeciton of Routes 9 and 651), city, county, state, end tip cods. Do not use a PO. Box number. 3. Indicate whether the facility Is located on Indian Lends. A, Indicate whether the lndtletriei facility Is operated by s department or agency of the Federsd OoYernmont (see also Section 313 of the Cioan Water Act), Enter tha latitude end longitude of the approxlm Or site in degrees/minutes/seconds. Latitude an ♦..r�.+...a a.....r�K..r e+.... v..+. �r w, o..... . tvoen or topographic maps, by ceiling 1-(8BN) ASK-USQS, or by EFee's web site et peemiswnnduarrynr,dex,h saiecttnp Latitude and longltuds PIt tiers under tho Resauro as/P©rrn section, Latitude and ionghud. (ors facility in catoaralif eve most be converted to overeats ('), n mutes ('), are seconee (") for proper entry on the cnrttficetlon rorrri,. TO convert decimal latitude or longitude to dafireeshrenuteslseconda, fittow Via steps In the following exempts. Example: Convert dsotmet latitude 45.1234567 to degrees (°), minutes ('), and seconds ("), a) The numbers ep the eft of tho decimal point ere the degrseao 456, b) To obtain minutes, multiply the first four numbers to tho right of the decimal point by 0,00e: 1234 x Q.ti0B 7,404, r) 'Cho numbers to the left of the decimal point In the result obtained in (b) are the minutes' 7'. d) To obtain seconds, multiply the remaining three numbers to the rleht of use doclmsl flail then result uletalned in (b) by 0.06: 404 x 0.06 = 24.24. 'Since the numbers to tho right of the decimal point are not used, the mutt is 24". o) Thor oonvcrabn for 46.1234567 •45* 7' 24".. 8. indicate whether the frailty was prevlouety covered under en NPDES storm water permit. If so, Include the permit number. Enter the 4-digit SiC code WhichIdentifies the facility's primary activity, mod saoond 4-digit &IC code Identifying the faddy/ aocondery ecthey. it applicable. SIC codas oere be obtained from the Standard Ireuelnal ClassllirAttpn Manual, li/87. B. Enter escs total teie Or t7le toter ts�etafd v� tt rot Acreage may be determined by tivhl)ng square derrionetrated In the following example. Fits : Convert 64,450 112 to sores Divide 54,450 92 by 43,580 *query Awl per extra,. 64,450 e2 + 43,6601t2facre 1.25 acres, sttvty In some. by 43,5eo. as 9. Chock "Yes' or 'No' as eppropriete to indicate whether you have paved or rooMe1 over a formerly teeeciseill, parviouu reefs (k.b., lawn, itteed&w, dirt or gravel road/parking tot) In order to qualify for no exposuro, If yes, Mee lndtcatfl approximately how much area was paved or roofed ever and is now mparvioua area, I~t APR 14 '83 13 24 L IVINGSTONE COATING 0 P PA G NPDES FORM 351001 Instructions for the NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Pormlfting SeCtiOn C. Exposure Checklist Check "Yes* or No' es appropriele to closeribo the exposure conditions id your faciliti. If you answer 'Yee to ANY of the guardians (1) through (11) in this soction, a potential for exposure exists at yoUr silo and you combat certify tndltion of no rwposurn, You meet obtain ter etteepreelea) I:Overage undor an NPDES storm water permit Aft ar obtaining pormdt couorege, you eon institute modifications to eliminate the potential for I discharge of storm ureter exposod to Industrial activity, and then Oletify to a condition or no exposure. Suction I. CellIfieitliell Statement Fedorstatutes provide for were penalties fof Oubrriartg false information Qh this application form. Federal regulations require this appiloatico to be ed ma follows: For a corporetlon: by e responsible corporate officerwhich moans: (I) president, secretory, treettunar, Or %It:le-president of the corporation in charge of a principal business fumeton, or any ottior person who Performs &hair policy or creektion making functions for oho corporebon. or (II) the manager of one or more rnanufecturing, production. nr °paroling facilities, provided the manager is authorized to make moon gement decisions which govern the OpiaretiOn of the rogulatod facility including having the WO or Implicit duty of melting map( capital Invostrnont recommendation, And Initiating end directing other comprenenstve measures to essure tong term onvironmontal compliancre wtthonvironroontal lows and reguletions; the manager can ensure that the necessary systems ere establishod or &dime talon to gather corripicto and accurate Information for permit application requirements: end whore OM No.2040.921 suthortty to sign documents has been assigned or &doomed to that nutmeat In rtmonlance with corporate prooecittrea; For It fmrfrweShif) or We PrOenetorship: by a gamest perinea or the PtoPriaiotl Of For a muriltipal, State, Odom!, or Other public recillty. by either e principal easocutive or renldng Mooted Paperwork Reduction Act Notice Pubile reporting burden for tile certification is ostlmated to overripe 1.0 how per certification, including time for reviewing Instructions, searching existing data gourcog, gothoring aril maintaining the data neodod, and completing and reviewing the colloctlor of Irtiormidion. Bunion means Oa tOtril ton°, effort. or financial resOurceri expended by parsons to gonerlite, Maintain, Wain, or discloso to provide Information to or for a Federal agency. This Includes the torn needed to review Infitructions; develop, acquire, Inetoll, end utze tecenobtry and syeterns for the Ouroosos of collecting, validating, and verifying information, processing and maintaining informetkm, end deotetsing end providing informetion; adjust the existing woys to comply with any proviousty applicable Instructions Pod requirementsin personnel to be able to respond to e collodion of information; etiarth data knoroos; complete end review the cofactor' of information; end transmit or OtheneiSe disclose thn intormalienAn;looney mey not conduct or sponsor. end a person is not required to respond to, a collection of information unless a displays a currentiy valid OMEI control riumbier.. Send comm.* regarding the burden estimate, any other aspect of the collection of information, or suggestions for improving this form, including any cmggostiont which rrwy increase or reduce Ns burden to: °Proctor, OPPE Regulatory intormetIOn Diviolon, (2137), VSEPA, 401 M StrOOt. SW, Washington, in. 204130. Inolude the OMB control number of this form on any emnespondonce, DO not mend the completed No Exposure Certification form to this address, EPA Form 3510-11 (10-9D) Page 4 of 4* Mr..1. Scott Moncrief, Manager Engineering, Research & Development Livingstone Coating Corporation P. U. Box 668267 Charlotte, North Carolina 28266 SUBJECT: Dear Mr. Moncrief: North Carolina Department April 8, 2003 Michael F. Easley, Governor William G. Ross, Jr„Secretary Environment and Natural Resources Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No. NC0086002 Mecklenburg County, N.C. Alan W. Klimek, P.E„ Director Division of Water Quality On March 14, 2003, Mr, David Rimer of the Mecklenburg County Water Quality Program '1CWQP) conducted an inspection at the subject facility. This inspection was conducted as part i a cooperative working agreement between Meckienburgg County and the Division of Water Quality. The enclosed report should be self-explanatory.. if you have any questions concerning this report or any other 'natters, please do not hesitate to call Mr. Richard Bridgeman or me at this office. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP DRG/djr File: WQ 0086002:303 Moores tle Regional UI�, J99 ,North Main tr , �Aotrresvit# , NO 8 PHONE (704) 663-1699 FAX (704) 66-E United States Environmental Protection Agency, Washington , DC 20460 NPDES Compliance Inspection Report A North Carolina Department of Environrnent and Natural Resources Division of Water Quality, ;Mooresville Regional Office NCDENR e NPDES Permi 5 NC0086002 pection Work Days 0.5' n A- National Data S o. MO/DAY 03/03t14 Rema Inspector: :Mecklenburg Monitoring Evaluation Ra 3 ne and Location of :Facility Inspected:: ivings'tone Coating Corporation GWRS 40 Rhyne Road burg County, Chario , North Carolina an &.Paci nspection Type C ng al QA N N YB Entry Time: 9:00 am Exit Time: 9:40 am Date: ._ 3/ 14,r03 n-Site Representatives -Title(s) Phone No(s): Engineering, Research & Development Manager / Phonc. 7'04-392-2323 e and Address of Responsible0 Scott Moncrief ne Coating Co ration 1 ( rr U11 a 06 j Permit Flo Records/Reports Facility Site Review ® Eftluen 'Receawin W Section. as. Evaluated turf Measurement pector C Form Approved OMB No. 2040-0003 Approval Expires 7/31/85 Facility Type Reserved....,...._.. Permit Effective Date: October 1., 199'2 Permit Expiration Date: August 31, 2002 Title: Engineering, Res Manatterr none o. 704-392-2323 pec o ® Operations & Maintenance Z Self -Monitoring Program Sludge Handling/Disposal I] Compliance Schedules El Pretreatment Program bora All areas are rated satisfactory unless tttherwi gnatur Signature of Reviewer: EPA For Storrrr vat e indicated. See Attached. Shee Agency/Office/Telephone: QP (704) 336-5500 Agency/Office Rea ised 3-8:') Previous Editio e Obsolete or Su ch & Development 0 J PollIution Prevention Q MMultunedia Othe March 27, 2003 GENERAL: The facility was last inspected on April 9, 2002 by the Mecklenburg County Water Quality Program. (MCWQP). A Compliance Evaluation Inspection Report was issued on April 19, 2002 PERMIT: The current permit became effective on October 1, 1997 and expired on August 31, 2002. Until the permit is renewed, the facility will continue to operate under the terms and conditions of the expired permit. The permit authorizes the discharge of treated groundwater to an unnamed tributary to Long Creek. The facility treats contaminated groundwater through a groundwater remediation system (GWRS), which consists of three active recovery wells, an equalization tank, a diffused aeration tank, two particulate filters in parallel, and two activated carbon adsorption vessels in parallel. The permit properly describes the facility and appears adequate for the waste stream being treated. The thcility submitted an application for permit renewal and received a written. reply from DWQ dated March 14, 2002 stating that "If this staff delays reissuance of NC0086002 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action)." RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period January 2002 through December 2002. The reports appeared to be properly completed. Records, reports, and logs for the groundwater • remediation system are clear and well maintained; no discrepancies were noted. FACILITY SITE REVIEW: The facility discharges to an unnamed tributary to Long Creek, which is a Class water in the Catawba River Basin, Ail of the major components of the remediation system were in service and appeared to be operating properly at the time of the inspection. FLOW MEASUREMENT: Part 1.A of the facility NPDES permit requires continuous recording flow measurement at the effluent if the discharge is continuous or a weekly instantaneous flow estimate if the discharge is intermittent. The facility obtains weekly instantaneous flow estimates from, a non -recording totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous, this method of flow measurement is acceptable. LABORATORY: Analysis of effluent samples is performed by Research & Analytical Laboratories, Inc. Research & .Analytical Laboratories, Inc. is certified by the State of North Carolina to perform analysis on all parameters specified in the permit (NC Certification #34). Research & Analytical Laboratories. Inc. was not evaluated under this inspection. EFFLUENT/RECEIVING WATERS: The facility was discharging at the tune of the inspection. No floating solids, foam, or odors were noted around the discharge pipe. The discharge point consists of a vegetated riprap-lined ditch, which flows to Long Creek, a. WS-IV water in the Catawba. River Basin. SELF MONITORLNG PROGRAM: Discharge Monitoring Reports (D MR's), laboratory analytical reports, and operational logs were reviewed for the period January 2002 through December 2002. The reports indicate that the facility was in compliance with permit effluent lints and monitoring requirements during this period. Research & fa.cilit ical Laboratories;. Inc, personnel conduct effluent sampling at the OPERATIONS & MAINTENANCE: The facility and site appeared well operated and maintained, The site operator performs routine preventative maintenance on all components of the system and has an adequate inventory of supplies and spare parts on site and/or readily available. el F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J, Thorpe, Ph.Q., Acting Director Division of Water Quality April 19, 2002 Mr. J. Scott Moncrief, Manager Engineering, Research & Development Livingstone Coating Corporation. P. O. Box 668267 Charlotte, North Carolina 28266 SUBJECT: Compliance Evaluation Inspection Livingstone Coating Corporation GWRS NPDES Permit No. NC0086002 Mecklenburg County, N.C. Dear Mr. Moncrief: Gn .April 9, 2002, Ms. Crystal Taylor of the Mecklenburg County Department of Environmental Protection (MCDEP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory.. If you have any questions concerning this report or any other matters, please do not hesitate to call Mr,. Richard Bridgeman or me at this office. Enclosure cc: Rusty Rozzelle, MCDEP cat File: WQ 0086002.402 Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Customer Service 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663 6040 United. States Environmental Protection Agency, Washington , DC 2046fi Form Approved NPDES Compliance Inspection Report � OMB No. 2040-0003 North Carolina Department of Environment and Natural Resources Approval Expires Division of Water Quality, Mooresville Regional Office CDENR 7/31/85 Sec A: National.iata�tern Codin j Transaction Code NPDES Permit No, YR/MO/DAY Inspection Type Inspector Facilit F Type N 5 NC0086002 02/04/09 C C 2 or. Mecklenburg County Environmental Protectio Inspection Work .Days Facility Self -Monitoring Evaluation Rating BI QA 0.5 3 N' N Section R: Facility Data Name and Location of Facility inspected: Livingstone Coating Corporation GWRS 240 Rhyne Road Mecklenburg County, Charlotte, North Carolina Entry Time: 9:30am Exit Time: 8 am Date: 4/9/02 Permit Effective Date: October 1, 1997 Permit Expiration Date: August 31, 2002 Narrae(s) of itn-Site Representatives--mm---Title(s)- -- Phone No(s): Mr. J. Scott Moncrief / Engineering, Reseasrch 8: Development Manager / Phone: 704-392-2323 Name and Address of Responsible0 Scott Moncrief Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 Title: Engineering, Research Development Manager Phone No. 704-392-2323 Contact Yes Section C: Areas Evaluated Dttrn Insaeetion Pen ow Measurement Operations Maintenance Sewer Overflow Records/Reportsl Self -Monitoring Program © Sludge Handling/Disposal 0 Pollution Prevention ® Facility Site Review © Compliance Schedules ( Pretreatment Program Q Multimedia Effluent/Receiving Waters Laboratory 0 Stotanwater Q Other: eetlon D: nmmar of FindingCornen All areas are rated satisfactory unless otherwise indicated. See Attached 5heetls) for Summary Signature(s) of Iinspector(s): Crystal Taylor Agency/Office/Telephone: MCDEP/(744) 336-5500 Date: April 10, 2002 Signature of Reviewer: Agency/Office Date: EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete GENERAL: The facility was last inspected on June 20, 2001 by the Mecklenburg County Department of Environmental Protection (MCDEP). A Compliance Evaluation Inspection Report was issued on July 10, 2001. PERMIT: The current permit became effective on October 1., 1997 and expires on August 31, 2002. The permit authorizes the discharge of treated groundwater to an unnamed tributary to Long Creek. The facility treats contaminated groundwater through a groundwater remediation system (OWRS), which consists of three active recovery wells, an equalization tank, a diffused aeration tank, two particulate filters in parallel, and two activated carbon adsorption vessels in parallel. The permit properly describes the facility and appears adequate for the waste stream being treated. The facility submitted an application for permit renewal on March 25, 2002. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period January 2001 through December 2001. The reports appeared to be properly completed. Records, reports, and logs for the groundwater remediation system are clear and well maintained; no discrepancies were noted. FACILITY SITE REVIEW: The facility discharges to an unnam d. tribu rry to Long Creek, which is a Class WS-IV water in the Catawba River Basin. All of the major components of the remediation system were in service and appeared to be operating properly at the time of the inspection. FLOW MEASUREMENT: Part I.A of the facility NPDES permit requires continuous recording flow measurement at the effluent if the discharge is continuous or a weekly instantaneous flow estimate if the discharge is intermittent. The facility obtains weekly instantaneous flow estimates from a non -recording totalizer flow meter on the effluent discharge line. Since discharges from the facility are not continuous, this method of flow measurement is acceptable. LABORATORY: Analysis of effluent samples is performed by Research & Analytical Laboratories, Inc. Research & Analytical. Laboratories, Inc. is certified by the State of North Carolina to perform analysis on all parameters specified in the permit (NC Certification #34). Research & Analytical Laboratories, Inc. was not evaluated under this inspection. EFFLUENT/RECEIVING WATERS: The facility was not discharging at the time of the inspection. No floating solids, foam, or odors were noted around the discharge pipe. The discharge point consists of a vegetated riprapined ditch, which flows to Long Creek, a WS-IV water in the Catawba. River Basin. SELF MONITORING PROGRAM: Discharge Monitoring Reports (DMR's), laboratory analytical reports, and operational logs were reviewed for the period January 2001 through December 2001. The reports indicate that the facility was in compliance with permit effluent limits and monitoring requirements during this period. Research & Analytical Laboratories, Inc. personnel conduct effluent sampling at the facility. OPERATIONS & MAINTENANCE: The facility and site appeared well operated and maintained. The site operator performs routine preventative maintenance on all components of the system and has an adequate inventory of supplies and spare parts on site and/or readily available. State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director March 11, 2002 Accounts Payable Livingstone Coating Corporation P.O. Box 668267 Charlotte, NC 28266 NORTH CAROLINA:i E;P?AFt' ENVIRONMENT ANO NATURAL Subject: Notice of Renewal Intent., NPDES Permit NC0086002' LivingstoneCoating Corpo Mecklenburg County Dear Pernrittee: llxe subject permit expires on August 31, 2002. North Carolina Administrative Code (15A NCAC 2ft0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit.. To satisfy this requirement, your renewal package should have been sent to the Di t isle n postmarked no later than March 4, 2002. This notice is being sent so that the Division can verify your intentions regarding this permit.. Failure to respond to this notice by March 25, 2002 may result in a civil penalty assessment or initiation of Denial proceedings for this permit. If any wastewater discharge will occur after August 31, 2002 (or if continuation of the permit is desired), the current permit must be renewed. Discharge of wastewater without a valid permit violates North Carolina General Statute 143-215,1 and could result in assessment of civil penalties of up to $25,000'per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have already mailed your renewal package, you may disregard this notice. if you have any questions, please contact me. My telephone number, fax nurnber and e-mail address are listed at the bottom of this page. cc: Central Files Mooresville Regional Office, Water Quality Section. NI'DES File 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 VISIT US ON THE INTERNET @ http:/lh2o,enr.state.nc.us/NPDCS Sincerely, Charles H. NPDES Unit 919 733-5083, exten titstt 511 (lax! 919 733-t17 Chartes,Weavere nc'rnall.net NPDES Permit NC0486042 Livingstone Coating Corporation Mecklenburg County The following items are REQUIRED for all renewal packages: Cl A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. The completed application form (copy attached), signed by the permittee or an. Authorized Representative. Submit one signed original and two copies. If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative (see Part II.B.11.b of the existing NPDES permit). Cl A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendix. A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed when the application. package is otherwise ready to submit, submit the application package without the PPA. Submit the PPA as soon as possible. The above requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DEISM / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 18. 2000 Mr. J. Scott Moncrief Engineering Research and Development Manager Livingstone Coating Corporation P. 0. Box 668267 Charlotte, North Carolina 28266 Dear Mr. Moncrie NCDENR Subject: Permit Modification Request Permit No. NC0086O02 Livingstone Coating Corp. Mecklenburg County Division staff have reviewed your request to reduce or eliminate the quarterly chronic toxicity testing from permit NC0086002. Based on applicable rules and policies your request can not be granted. Specifically, in 15A NCAC 2B .0208 the Division is mandated to protect waters from toxic impacts. Further, toxicity test limits will be applied to discharges of complex wastewater as per 15A NCAC 28 ,0508. The minimum monitoring frequency for toxicity is defined as quarterly. If you have any questions concerning this issue, please contact Teresa Rodriguez at telephone number (919) 733-5083, ext. 595. Sincere David. A. Goodrich NPDES 'Unit Supervisor cc: Mr. David W. Gipe, P.E. David W. Gipe and Associates 2407 Wolfe Ridge Road Charlotte, North Carolina 28210 Mooresville Regional Office, Water Quality Aquatic Toxicology Unit Central Files NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET www,enr.state.nc.us sOC PRIORITY PROJECT: Yes To: Western NPDES Program Unit Water Quality Section Attention. Dina Sprinkle January 15, 2010 NO -DIS,IIARGE REPORT AND RECOMMENDATION County: Mecklenburg, Permit No. NC0086002 AL INFO TIO, Facility and address: Livingston Coating Corporation 240 Rhyne Road Charlotte, North Carolina 28214 Date of gation: January 13, 2010 Report prepared by: Samar l3ou-Ghazale, Env. Engineer II. Persons contacted and telephone number: Mr. Stephen Trammell, President "het 70 3 92-232.3. Directions to site; From the intersec of Iiig,h, �ay 27 and Mount H Int Road in west Mecklenburg County, travel east on Highway 27 approximately 1..2 miles to the junction with Rhyne Road. Turn right (south) onto Rhyne .Road. Travel approximately 0.15 mile on Rhyne Road, I.-iv°i.ngston Coating Corp. is located on the right (west) side of the road. Discharge point(s), List for all disposal ; Latitude: 35' 17' 20°' gitrrde- .�, 55" 16°" USG Quad No.: F1.5 S'T.S.G.S. Name: Mountain Is1an I Fake, l`..C. 7 Size i land availablexpansion and upgrading). Yes. 8. Topography (locatir n map or topographic indicating relationship to 100. year flood plain included); Sloping at the rate of 2-3%. The site is not located in a flood plain area. Location of nearest clwelling and supply well: The nearest dwelling is appr\ D'. "agrsh c1. Pa- 400 t t 111 the site., irrliartia rtiari: t tata t n1r: Witt a rshed Class iti aitiaan: m '' Riker Basin and Subbasin ., )308,34 t Describe retire). ica strc a aattara s and p rtment cocas try am uses: `I'a° argil titer is dis h ar Ld trig as drainage glitch in a sir:b ded yea aapprr; from thy. bit discharger! k aa.gr pries through tvio onsi ILtera0 +n ponds prima to entering an unnamed tributary to Long Creek, PE,SCRIP.•TIQN. OF D.ISCHARC1f: AND T .E Art 1p 1 'O .K . x` tilrtnar. of ewaasg\\°aata.r tr,1?a p rrnitt d ca.6"? 16 °S I (i.n ab1'1ta1 t.atster.,raataar [a°a watt 16 MGD 1)attetsl aatd an 1 r °vaalarnt: toxin ofnt (spy t aa£sL rpti suite Iaaaticlliai disr sled of lays of the current tag ilit tine ctr sr r• proposed o,r e ity' aJt)0sists of 3 rec a\'t ra equalization tank, a tctgliz r ro retention tasands, inn apacittirt, 3 cons traa ..ted_ era: nk, ai_aliffus cl aaeraation. an act] c tla1 carbon and di spr:tsaal hr n .t a p tat pr° ataaalara aaa ii Fart 11 aaihaar lean 1-i.: ar iac r; Ta.i='t$77.0 ant claassif: aatitari: Class 1 I6 Code 1: 9711 Primary.: 66 Secondaar" Main Treatment ent Unit ?ode: T1 1 `f NFO.RMA 1: CO' being constructed ssiutin nun and Special monitoring requests: N/A, (Toxicity is being monitored due to the nature of the discharge), 3.'Important SOC, JOC or compliance Schedule dated: (please indicate)? N/A 4. Alternative .Artalysis .Evaluation: Has the 'facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated N 5. Air quality andlor groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater? Contaminated groundwater already exists at the site. An air quality permit for this facility may be required by Mecklenburg- County. 6, Other Special It. PART IV - ,DIALUATION AND RECOMMENDATIONS The permittee, Livingston Coating Corporation is applying for renewal of the permit to discharge wastewater from the groundwater remediation system existing at their „facility, During the investigation, The ORC, Mr. Glenn .Price asked for a reduction in monitoring requirements since the facility' is showing compliance for the past several years. The DMRs in Mooresville show compliance since January 2.006 and the monitoring data may lead to a suspicion that recovery wells may not be adequate and not doing/ a good job of recovering the contaminants. A discussion with George Adams, with the "Inactive Hazardous Sites" in Mooresville concurs with our suspicion that the recovery wells may not be adequate and not doing a good„ job of recovering the contaminants and therefore., hewill re-evaluate the site and see if additional wells are needed in order to provide a better remediation. He indicated that it may take him from 6 months to a year to re-evaluate the site, Given the compliance 'record at the Livingstone Coating Corporation, it is recommended that the facility monitoring be reduced. to quarterly until re-evaluation of the site by the Inactive Hazardous Sites; at which time the monitoring requirements will be up -dated accordingly. Pending review and approval by the Western NPDES Prog,ram. Unit, it is recommended that the permit be re -issued. Signature of Rd‘t,Pre e Date /_ Water Quality Regional Supervisor Date North Beverly Eaves Perdue Governor a NCDENR QI'hna Department of Environment and Natura Resources Division of'Water Quality Cc een H. &Pins Dee Freeman Director Secretary December 14, 2009 LI TRAMMELL., PRL.iSID NT 1Nr`iSTONL . COATING CORPORATION P(: BOX 668267 CHARLOTTE, NC 28266 Subject: Receipt of permit renewal application NPDES Permit NCOO86002 Livingstone Coating Corporation Mecklenburg Counts' Trammell: The NPDES Unit received your permit renewal application on December 14, 2009. A member of the NPDES Unit will rep ie v °our application. They will contact �Vou if additional information is required to complete permit renewal, ° u should expect to receive a draft perrntt pprorvnately 30-45 days before your existing permit expires. If you have an (919) 807-6404. do nal questions concerning; rene\ Sincere cc: CENTRAL .FTLES Mooresville Regional C face NPDES Unit subject pet trit, please contact (irt Lei Dina Sprinkle Point Source Branch Protec NPDES PERMIT APPLICATION - SHORT FORM C - GW For discharges associated with groundwater treatment facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number [NC0086002 If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. I. Contact Information: Owner. Name Facility Name Mailing Address City State / Zip Code. Telephone Number Fax Number e-mail Address Livingstone Coating Corporation Livingstone Coating Corporation PO Box 668267 Charlotte NC 28266-8267 (704)392-2323 (704)399-4021 strammell(allivcoat.corn DENR WATER QUALITY POINT SOURCE BRANCH 2. Location of facility producing discharge: Check here if same as above E Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is riot referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Nuniber Fax Number 4. Ownership Status: Federal El Research & Analytical Laboratories, Inc. PO Box 473 Kernersville NC 27284 (336)996-2841 (3.36)996-0326 State Li ' Private El Public Ej NPDES PERMIT APPLICATION - SHORT FORM C - GW For discharges associated with groundwater treatment facilities. 5. Products recovered: Gasoline [1 Diesel fuel Solvents 6. Number of separate discharge points; 1 Outfall Identification numbers) 001 7. Frequency of discharge: Continuous Z If intermittent: Days per week discharge occurs; 8. Treatment System Design flow 0.0216 MGD Other Intermittent Q Duration: 9. Name of receiving stream(s) (Provide a rnap showing the exact location cif each outfall, including latitude and longitude) Unnamed tributary of Long Creek; Lat 35-17-20; Long 80-58-16 10. Please list all additives to the treatment system, including chemicals or nutrients, that have the potential to be discharged. None 11. Is this facility located on Indian country? (check one Yes [1 No 12. Additional Information All applicants (including renewals): A USGS topographical map (or copy of the relevant portion) which shows all outfalls A summary of the most recent analytical results (effluent data, if available) containing the maximum. values for each chemical detected NEW Applicants only:. Engineering Alternative Analysis Description of remediation treatment system components, capacities, and removal efficiency for detected compounds. If the treatment system will discharge to a storm sewer, written approval from the municipality responsible for the sewer. A list of any chemicals found in detectable amounts at the site, with the maximudn observed concentration reported :for each chemical (the most recent sample must be collected less than one year prior to the date of this application) For petroleum -contaminated sites e Analyses for Volatile Organic Compounds (VOC) should be performed. Analyses for any fuel additives likely to be present at the site and for ph.eno.l and lead should also be performed. For sites contaminated with solvents or other contaminants - EPA Method 624/625 analysis should be performed. t;T PLICATI SC G For disr?h ges associated with groundwater tre rtrraent foeilitans Applicant Cex i tion certify1Um t1 best of my knu ledgeand belief such infer t« : tion with information co . Stephen TraMMell Printed name of Person, Signing Signatue ud in the application and tt he complete, and accurate, Tit Date idnt North Carolina General Statute 1 3-'21 ,6a )b)() provides that. Any person who o ...... ly makes 5 fa3 statement representation, or certificationin any application, record, report, plan, ar other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commis si n anglementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management ement Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both, (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than fa years, or both, fair a snnilar offense.) Latitude Map # F15SW Stream Class Discharge Class Receiving Strearn Design Q c CONTOUR INTERVAL 10 FEET Livingstone Coating Corp. NC0066©©2 Mecklenburg County Addendum to: Notice of Renewal Intent NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County Maximum Effluent Concentrations September 2008 to September 2009 EFFLUENT PERMIT SAMPLING Result LIMITS FREQUENCY in mg/L 1,1 DCE MONTHLY <0.0005 1,1 DCA MONTHLY <0.0005 1,2 DCA MONTHLY <0.0005 1,1,1 TCA MONTHLY <0.0005 METHYLENE CHLORIDE MONTHLY <0.0005 PCE MONTHLY <0.0005 CHLOROFORM MONTHLY <0.0005 ETHYLBENZENE SEM1-ANNUALLY <0.0005 TOLUENE SEMI-ANNUALLY <0.0005 XYLENES SEMI-ANNUALLY <0.0005 MEK SEMI-ANNUALLY <0.100 CHROMIUM MONTHLY <0.020 IRON MONTHLY <0.100 NICKEL 0.025 2 PER MONTH <0.010 CHRONIC TOX QUARTERLY December 1, 2009 SLUDGE MANAGEMENT STATEMENT Addendum to: Notice of Renewal Intent NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County The groundwater remediation activities as permitted under NPDES Permit NC0086002 do not generate a sludge waste and therefore do not require a Sludge Management Plan, H.S Tra President xCHAF4 .O 240 RHY TT 28214. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Qualify Beverly Eaves Perdue Charles Wakild, F. E. Dee Freeman Governor Director Secretary February 8, 2012 Mr. H.S. Trammell President Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 Dear Mr. Trammell: Subject: Issuance of NPDES Permit Permit NC0986002 Livingstone Coating Remediation Mecklenburg County Class PC I Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit; This permit is issued pursuant to the requirements of North Carolina General Statute 143-2151 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). There is one change from the draft permit sent to you on December 7,2011. • Monitoring requirements have been changed to Quarterly from Monthly for 1, 2 Dichloroethane and Tetrachloroethene. There are the following changes to this permit from your old permit: Monitoring requirements have been changed to Quarterly from Monthly for 1,1-Dichloroethene, 1,1- Dichloroethane, 1,1,1-Trichloroethane, Methylene Chloride, Chloroform, and Chromium due to lack of reasonable potential for these pollutants to cause an exceedance of water quality standards, The limit and monitoring have been removed for nickel as the result of EPA required statistical analysis of DMR records. An EPA required statistical analysis of DMR records shows that iron has Reasonable Potential to exceed water quality standards. However, iron is an Action Level Parameter; the facility routinely passes Chronic Toxicity tests, so no limit is required. Monitoring is changed to quarterly. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing upon written request within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 1517 klaiI Service Center, Raleigh, North Carolina 27699-1617 Location 512 N. Salisbury St RaIeigh, North Carolina 27604 Phone: 919-807-6360 \ FAX 919-807-6492 Internet- www,nowaterbuality,org One NorthCarolina Naturally An Equal Cpporturdry 1 Aftmarive Acton, Employer .15013 of the North Carolina General Statutes, and must be filed with the Office of Adrninistrative Hearings, 6°714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this permit remains final and binding, This permit is not transferable except after notifying the Division of Water Quality, The Division may modify and re -issue, or revoke this permit. Please notice that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments, If you have questions, or if we can be of further service, please contact Jim McKay at jamestuckay@tcdenngov or call (919) 807-6404, CC: Sincerely, arles Wakild, Mooresville Regiotil Office/Surface Water Protection Central Files Aquatic Toxicity Llnit - via email TACH, James Pugh - via email NPDES Unit George Adams, Inactive Hazardous Sites, Mooresville - via email Erin Hall, Mecklenburg County - via email.- Erin.11allaiMzecklenburgcmitavacgay Permit NC0086002 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Pi-RMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General. Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Livingstone Coating Corporation is hereby authorized to discharge wastewater from outfall(s) located at the Livingstone Coating Corporation Groundwater Rernediation Facility 240 Rhyne Road at NC Highway 27 West Charlotte Mecklenburg County to receiving waters designated as an utrnarraed tributary to Long Creek within the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, II and IV hereof This pe This pe shall become effective March 1.201.2. and authorization to discharge shall expire at midnigh gned this day February 8, 2012. 5 G 'alctld, P.E., Director ivision of Water Quality By Authority of the Environmental Management Commission n June 30, 2015. Pe i NC0086002 SUPPLEMENTTO E SHEET All previousNPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued pennit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terrn.s and provisions described herein. n stoneCoacing Corporation reb f _aut ized to Continue to operate an existing 00216 .TD groundwater rerediation system consisting of 500 gallon equalization tank a totalizing flow meter a diffused aeration t an activated carbon absorption vessel one retention pond This facility is located at Livingstone Coating Corporation 240Rhyne Road at NC Hi ltwa ° West) near Charlotte in Mecklenburg County, Discharge from said treatment works, at the locati an specified on the attached map, into an unnamed tributaryo Long Creek, currently classified S-IV waters within the Catawba River Basin. Permit NC0086002 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no tinie exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998).or subsequent versions. The tests will he performed during the months ofJatimary, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure, performed as the first test .of any single quarter, results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months, as described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric. mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (11/1„R-D for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and. THP3B for the Chronic Value, Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature, Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream, Should there be no discharge of flow from the facility during a 'month in which toxicity monitoring is required, the pennittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name„ pen -nit 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 Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality- indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits, NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Standard Conditions Page 1 of IS PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or ''the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all ''daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and 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 Version 11/09/2011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time constant volume: a series of grab samples of equal volurne collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent,. -The following restrictions also apply: influent and effluent grab samples shall be of equal size and of no less -than-100 milliliters r Influent samples shall not be collected more than ,onee per hour, -` Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. Pen-nittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the -facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device., Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2, see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month.. Daily Sa Parameters requiring, daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit pararneter(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, Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated, EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Comp ion 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 m.ean,. values of "0" (or "< [detection level}") shall be considered = 1. Grab Sample individual samples of at, least 100 mE 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 sarnples), Version 11/09/20 ff NPDES Permit Standard Conditions Pag' 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part t 16 pursuant to Section 311 ofthe CWA. Instantaneous flow measurement The flow pleasured during the minimum time required for the flow measuring device or method to produce a result in that instance, To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges°' of a pollutant treasured during the calendar month. In the case of coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit )'suing Authority, The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of na,t.ural 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 Lander Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week, In the case of fecal conform or other bacterial parameters or indicators, the geometric mean of such discharges. a Section B. General Conditions 1, Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 1,22.411 a, The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) ofthe CWA, within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement, b. The CWA provides that any person who violates section[sj 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a ,permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122A1(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal. penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011 NPDES Permit Standard Conditions Page 4 of 18 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. p3 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of S5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both,. [33 USC 1319(c)(2) and 40 CFR I22,41(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 pemiitissued 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 1.22.41(a)(2)] Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North. Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301,, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class :1 violations are not to exceed $16,000 per violation, with the maximum amount of .any Class I penalty assessed not to exceed $37,500„ Penalties for Class fl violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class LI penalty not to exceed $177,500. [.33 USC 1319(g)(2) and 40 CFR 122A1(a)(3)] Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 11.C.4), "Upsets" (Part II.C,5) and "Power Failures" (Part nothing in this perinit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS '143-21.5.3, 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 Riohts. 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 122A1(g)j, 6. Onshore or OtTs.hore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking ofany work in any navigable waters. g. Version 11/0912011 NPDES Permit Standard Conditions Page 5of18 2. Severability The provisions of this permit are severable. If any provision of this permit, or the application ofany° provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-231 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 ofPermit 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 requi by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)] 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. 11x Signatory Requirements All applications, reports, or information submitted to the Permit issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (I) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision rmaking. functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long 'term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit. Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 11109/2011 NPDES Permit Standard Conditions Page 6 of I 8 c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer accurate because a different in.dividual or position has responsibility for the overall operation of the facility, a n.ew 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 1-?777] d. Certification, Any person signing a document under paragraphs a, or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 'IcertifY, under penalty oflavv, that this document and all attachments were prepared under my direction or supervision in accordance with C sj,stern designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons ts,ho manage the system, or those persons directly responsible for gathering the information, the information .submitted is, to the best of niy knowledge and .belief: true, accurate, and complete, I am aware that there are significant penalties for submitting fi.71se information, including the possibility offines and impriSonment o lowvving violations." U. 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 ofplanned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(01. 13,. Permit Modificatio 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 02H ,01.00; and North Carolina General Statute 143.21.5.1 et. al. 14. Annual Ad.ministering 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 15.A NCAC 02.H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. 0per41t0n and Maintenance of Pollution Controls I, Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T I5A NCAC 08G .02011: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minirn.um visitation requirements are twice per year; and submit a signed completed "Water Pollution. Control System Operator Designation .Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within„120 calendar days following: receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in. Responsible Charge (Back-up ORC). Version 11/09/2011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities, The ORC af eaeh Class'. facility (or the Back-up ORC, when acting as surrogate for the ORC) must: Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at !east weekly Comply with all other conditions of 15,A NC.AC 08O.02.04. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays Properly manage and document daily operation and maintenance of the facility i� Comply with all other conditions of 15A NCAC 0'8G .0204. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the 'Permittee to achieve compliance with the conditions ofthis 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 12,2.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Pernnittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition ofthis 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, ofthis section. b. Notice [40 CFR 1.22.41(m)(3)] (I) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass, (2) Unanticipated bypass. The Perntittee shall submit notice of an unanticipated bypass as required in Part II.E.b. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing ✓luthoritymay take enforcement action against a Pennnittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b, of this section (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility, Version 1 1✓09/201 1 NPDES Permit Standard Conditions Page 8 of 18 (3) The :Permit Issuing Authority may approve an ,anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it I1 meet the three conditions listed above in :Paragraph c. (1) of this. section, 5. Upsets EL Effect of an upset [40 CFR 122,41(n)(2)]: An .upset constitutes an a.ffimiative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance,. is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: An Permitteewho wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occu.ned and that the .Pei rnittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) 'The Permit -tee submitted .notice of the upset as required in Part 11,E.6.(b) of this permit. (4) The Permittee complied with .any remedial measures required under Part IL.B.2, of this pemiit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in thecourse of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 1.43-215,1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Pennittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258,. Criteria For Municipal Solid Waste Landfills; and 15.A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Perm.ittee is responsible for maintaining adequate safeguards (as required by 15A NC.AC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent, Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the 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 122,4101], 2, Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1. 1,1. 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge, Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 9 NPDES Permit Standard Conditions. Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Proteetuon Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 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 ofthe measurements is consistent with the accepted capability of that type of devise, 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 1 of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division, Permittees should contact the Division's Laboratory Certification. Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215,63 et, seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122,41 ]. To meet the intent ofthe monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under tthis permit shall, upon conviction, be punished by a fine of not more than $101,000 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 Pennittee'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: 5% all calibration and maintenance records all original strip chart recordings for continuous monitoring instrumentation copies of all reports required by this permit Y copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application, This period may be extended by request of the Director at any time [40 CFR 122,41], Version 11/0912011 NPDES Permit Standard Conditions Page 10 of 18 7, Recording Results For each Yneasurement or sample taken pursuant to the requirements of this permit, the Perntattee shall record the :following information [40 CFR 127.41]: a. The date, exact place,. and time ofsampling or measurements; b. The individual(s) who performed the sampling or measurements, c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Inspection.and Entry The Pennittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative ofthe Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Pernittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; h. Have access to and copy, at reasonable times, any records that must be kept under tl e conditions of this penn. c, 9nspect. at reasonable times any facilities, equipment(including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 12'2;41(i)]. Section E Reporting Requirements I. Change in Discharge All discharges authorized herein shall be consistent with Elie tcrnas and conditions of this permit. The discharge of any pollutant identified in this pennit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 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(1g Notice is required only when: a, The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b), or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or e. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3, Anticipated Noncompliance The Pennittee shall give advance notice to the Director of any planned changes to the°permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)J. 4, Transfers "rhi.s permit is not transferable to any person w°ithout prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with. NCGS 143-215,1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 1.22.61j or state statute. Version i' 11'd itoring Reports Monitorin NPDES Permit Standard Conditions Page 11 of 18 Ls 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 using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four 'Hour Reporting a. The Peranitteee 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(l)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300, 7, Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part ti.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 1LE.6. of this permit [40 CFR 122.41(1)(7)1. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)], 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 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 shill be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 0 NPDES Pertaait Standard Conditions Page 12 of 18 . Pena ltiess1~litac� of Reports The CWA provide t any person ssho knowingly makes any false stink, ent, representation, or certificat€on in any record or anther do :ustient submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than 25,000 per violation, or by imprisonment for not more than two )i,ears per violation, or by both [0 CFR 121411. 12, Annual Performance Reports Pernittees who oven 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 Pertttittee (NCGS 1 3-215.1 C). 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 pros ded no later than sixty days aver the end oftbe. calendar or fiscal year, depending upon which annual period is used for evaluatio The report shall be sent to NC: ICE , Division of 'ater Quality a surface water Protection section ATTENTION: Central files 1617 Mail Service Center Raleigh, North Carolina ' 7699-t l7 Version 1110 01 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a_ The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (I) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section, b. In accordance with NCGS 143-21S.I(a5) [S:L 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage froth an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State, Notwithstanding the above, the permitissued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction .ha.ve been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from: the Director, conduct groundwater monitoring as may he required to determine the compliance of this NPDES permitted facilitywith the current groundwater standards, Section C. Changes in 'Dischargessof Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): as 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 lrg/L); (2) Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms per hte� (500 µ&'L) for 2,4-dinitrophenol and for 2-methy1-4,6-dinitrophenol; and one milligram per liter (l zngg f,) for antimony; (3) Five times the maximum concentration value rePorted for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a. toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) Five hundred micrograms per liter (500 ug!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. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit, The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State, This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011 S Permit Standard Conditions Page 14 of 18 PA RI IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. De nitia ns In addition to the definitions in Part 11 ofthiis permit, the following definitions apply to municipal facilities. Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(1 I)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different, from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified, applicable State and Federal statutes, regulations,. or permits. [ 1.5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of State in quantities or concentrations which, alone or with discharges from other sources, causes a violation,, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite 'POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [1.5A NCAC 02H .0903(b)(23')] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system., as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges, This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 021I .4903(b)(26)] "Significant Industrial User" or " SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [l SA NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler b.lowdown wastewaters); or 2„ Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted. flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and 'ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the .Industrial User has a reasonable potential for adversely affecting the POTW"s operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant industrial User (SIU); or 6. Subject to approval under 15A NCAC 0214 .0907(b), the Permittee may determine that an industrial User meeting the criteria in paragraph 3 of this definition above meets the requ'irem.ents of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR I 22.42(b)]: 1. Any. new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA Bit were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit.. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW,. and (2) any anticipated impact that may- result from the change of the quantity or quality of effluent to be discharged from the POTW.. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part 1 of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2 Prohibited Discharges a. The Pennittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Perniittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (I) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will 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 40QC (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program andlor the operation of the POTW, The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office, Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances, The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times., if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11109/2011 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part .1 of th„is 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 Pennittee may be necessary regarding some or all of the industries discharging to the municipal. system. 4. The Permittee shall require any Industrial User (1U) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and, specific local limits, best ma.nageinent practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessa,ry, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02E1,0907(a) and (b). [40 CFR 122.44(j)(2)] 5, This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section 1).. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 1.43-2'15.3(14) and implementing regulations .15A NCAC 02H .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 penult. [40 CFR 122.44(j)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(h)(8) of the CWA, 40 CFR. 403, 15A NCAC 021-1 ,0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved .modifications thereof Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 1.5A NCAC 0211 .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and „0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(I) and .(2)] 2'Industrial Waste Sure (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 4.0 CFR 403.8(f)(2)(i-iii) and ISA NCAC 02H .0905 [also 40 CFR 122.44(j0(1A, including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its, IWS activities to the Division at least once every five years, and as required by the Division, The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15.A NCAC 02H .0903(b)(13), .0905 and .0906(b){2); 40 CFR 403,80)(2) and 403.9] 3. Monitoring Plan The IPennittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific .pretreatment local limits, Effluent data from the Plan shall be reported on the DMRs (as required by Parts 11.D and I1.E.5.). [15A NCAC 0214 ..0903(b)(16)., .0906(b)(3) and .0905] Headworks Analysis (HWA) and Local Ltrnits The Permittee shall obtain Division approval of a. HWA at least once every five, years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit rnodifi.cation) the. Permittee shall submit to the Division a written technical evaluation ofthe, need to revise ,local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Perrnittee shall develop, in accordance with 40 CFR 403.5(c) and I5.A NC.AC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and I5A NCA.0 0214 .0909. Pursuant to 40. CFR 403.5, local limits are Version 11/09/2011 NPDES Penwt Standard Conditions Page 17 of18 enforceable Pretreatment Standards as defined. by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. :Industrial User Pretreatment .Permits (11UP) & 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 collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA arid the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity. of the POTW as determined by the HWA.. [:15.A :NCAC 02H .0906(b)(6), .0909, .091.6, and .0917; 40 CFR 403.5, 403.8(0( I )(in); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an. AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (10 P.) limitations. [15A NCAC 02H .0906(bX7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their .IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent ofinformation supplied by Industrial Users, compliance with applicable pretreatment standards. [1.5A NCAC 02H ..0908(e): 40 CFR 403.8(t)(2)(v)]. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant 8. IU 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 02H ,0908, [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(t)(l)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and I5A NCAC 02H „0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(0(5)1 10. Pretreatment Annual Reports CPAR) The Permittee shall report to the Division in accordance with 15A NCAC 021-1 .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H ,0904 (b) may be required to submit a partial annual report or to meetwith 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 calendar year to the Division at the following address: Version 11/0912011 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each. year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant on - compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; ificant Non-Com , R or( cNCR A list :Industrial Users s) in :significant.oncompliance (SNC) with pretreatmentequirernents, and the nature of the violationson forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) .Monitoring data from samples collected by both the POTW and the Significant Industrial Users (S1Us), These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other fauns or in a fotinat provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of His in SNC, a stunmary of data or other information related to significant noncompliance determinations for Ms that are not considered SIUs, 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 per 1 1.. Public Notice The Permittee shall publish annually a list of Industrial Users (lUs) that were in significant noncompliance (SNC) as defined in the Pennitteers 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. [15A NCAC 0211 .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12, Record Keepkgt 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 and shall retain all other Pretreaunent Program records as required by I.5A NCAC 02H .0908(0, [15A NCAC 02E1..0908(0; 40 CFR 403,12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I5A NCAC 02I1 .0906(3)(9) and (10) and .0905; 40 CFR 403.8(0(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 40.3,18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011 Permit NC0086002 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the periodbeginning on the effective date of the permit and lasting until expiration, the Perniittee is authorized to discharge wastewater from a groundwater remediation system from Outfall 001, Such discharges shall be limited and monitored by the Permittee as specified below: EFI( LUENT CHARACTERISTICS EFFLUENT LIMITATIONS 1vIo*unIy Average Flow 1 0.0216 MGD hloroethane ,1 Dichloroethene weeiy Averagc MONITORING REQUIREMENTS D • y Measuremen a Frequency Sample Sample Tvne Location :7.o.ntinuous Recorder uart ,2 Dichloroethane Qua 1,1 Trichloroethane ene Chloride Tetrachloroethene Total Xylenes Toluene Ethylbenzene Methyl Ethyl Ketone Chlorofoiiii Total Chromium Total Iron Chronic Toxicity Notes: Quarterly Quarterl Semi-annually Semi-annually Semi-annually Semi-annually uarterl Quarterly Quarterly Quarterly Grab ab uent Effluent Efflu Grab Efflue Grab Grab Grab Grab "ffluen Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent If discharge is not continuous, flow may be monitored weekly by an instantaneous flow estimate. If no discharge occurs during a given month, the permittee shall indicate "No Discharge" on the monthly Discharge Monitoring Report (DMR) to the Division. 2. Chronic Toxicity (Ceriodaphnia), PIF at 90%. Quarterly during months ofJanuary, April, July, and October, See Supplement to Effluent Limitations and Monitoring Requirements Page - Special Conditions A (2). Units; milligrams per liter — micrograms per liter The discharge shall contain no floating solids or foam visible in other than trace amounts. Permit NC0086002 Livingstone Coating Coiporation Groundwater Rem edi a tion SyAetu siwftcyritiomckT 15 5 NV/ Mt. 1,LiM 1-41t4, RC 84-Mu* 03-08-34 EankkKittlind Irr n-cmiC,441( /81188498418 W5-1V tinikijaarky Cattowb • Rim Bioin antiMitiiken (trat6iKD Facility Location mot so* NTOES Permit NC0086002 Mecklenburg County December 1, 2009 Mrs, Dina Sprinkle NCDENR DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RETURN RECEIPT REQUESTED Subject: Notice of Renewal Intent NPDES Permit NC 0086002 Livingstone Coating Corporation Mecklenburg County Dear Mrs, Sprinkle, By this cover letter and the enclosures herein, Livingstone Coating Corporation requests renewal of the permit listed above. There have been no changes to the treatment system since the issuance of the last permit. Enclosed are the original and two copies of the completed NPDES Permit Application - Short Form C-GW, Version 03/05 and attached site map, USGS topographical map, Sludge Management Statement and a summary of the past 12 months effluent analytical results. Sincerely, LIVINGSTONE COATING CORPORATION H.STa mell President Enclosures cc: Mooresville Regional Office, Water Quality Section (w/o enclosures) P, 0. BOX 888267 4, 08.,6864401266. N 28266 4 804/39262323 e pAx 7041399-8021 SHIEPNG ADDRESS: 240 RHYNE ROAD AT NC 242-68 CHARLOTTE, N.O 26214 August 2, 2006 H. S. Trammell Livingstone Coating Corporation. P.O. Box 668267 Charlotte, North. Carolina 28266 Michael F. Easley, Governor William. G. Ross Jr„ Secretary North Carolina Depart,. of Environment and Natural Resources Alan W, Kkisnek, P. E. Director ,t7ivision of Watt AUG 0 3 200 Subject: Draft NPDES Pe TER QUA Y SE TON Permit NC0086002 Livingstone Coating Corporation WWTP Mecklenburg County Dear Mr. Trammell: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. Subntany comments to me no later than thitty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in September, with an. effective date of November 1, 2006. If you have any questions or carnalts concerning this dra extension 361. NPDES Files Central Files Aquatic Toxicology Unit DEH Regional Engineer pe call me at (919) 733-5083, Sincerely, Karen Rust Eastern NPDES Unit �➢. C. Division of Water Quality Internet htlpJfi2o,enr.state.nc.us 1617 Malt ,Set 512 N. Salisb An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 2.7699.1617 Phone: (919) 733-7015 Raleigh, NC 27604 Fax: (919) 733.0719 Customer Service 1-877-623-6748 Pe it N00600 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT .NI ,Ti RAL RESOURCES DIVISION N WATER QUALITY PE IT TO DISCHARGE WASTEWATER UNDER THE NATIONAL C LLUTA T DISCHARGE .Rt ELIMINATION SYSTEM (NPDES) hi compliance with the provisions of North Caro a General Statute 143 15,1, other lawful standardsand regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Livingstone Coating Corporation is hereby authorized to dichare v st ated at he Livingstone tin rat on 240 ' hyne oad at NC Highway 27 West Charlotte Mecklenburg County to receiving statersdesignated as an unnamed tributary to Long Creek within the Catawba River Bast3 accordance with effluent limitations , monitoring requirements, and other conditions se forth in Parts 1,11 and IV hereof. This perm at shall become effective This permit and authorization to discharge shall expire at midnight on Junto 0, 2010. Signed this day Alan ek,1'.1 ,, fire for Division of Water Quality Authority of the Environmental Tana ernent Co this iot Permit NC0086002 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Livingstone Coating Corporation is hereby authorized t©: Continue to operate an existing 0.0216 MGD groundwater remediation system consisting of • 500 gallon equalization tank • a totalizing flow meter • a diffused aeration tank • an activated carbon absorption vessel • two retention ponds This facility is located at Livingstone Coating Corporation (240 Rhyne Road at NC Highway 27 West) near Charlotte in Mecklenburg County. 2. Discharge from said treatment works, at the location specified on the attached rnap, into an unnamed tributary to Long Creek, currently classified WS-TV waters within the Catawba River Basin. Livingstone Coating Corporation Groundwater Remediation System. t rke rid/Quad:, F 15 SW / Mt. Island Lake, NC Sub -Baffin: 03-08-34 Recoil, Stream: UT of Long Creek Stream Class: WS-1V Drainage Basin: Catawba River Basin rernnitted Flow: 0.0216 MGD Facility Location not to scale NPDES Permit NC0086002 Mecklenburg County Permit NC0086002 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge wastewater from a groundwater remediation systetn from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: 1,1 Dichloroethene 1,2 Dichloroethane 1,1,1 Trichloroethane Meth 'lene Chloride Tetrachloroethene Total Xylenes Toluene Ethylbenzene Methyl Ethyl Ketone Chloroform Total Chromium nic Toxicit Notes: Monthly Monthly Month! Monthly Monthly Monthly Monthly Monthly Monthly Month! Monthly 2/Month REQ Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent. Effluent Effluent 1. If discharge is notcontinuous, flow may be monitored weekly by an instantaneous flow estimate. Ifno discharge occurs during a given month the permittee 'shall indicate "No Discharge" on the monthly Discharge Monitoring Report (DMR) to the Division. 2. Chronic Toxicity (Ceriodaphnia), .131F at 90%. Monitoring, Quarterly during months of January, April, July, and October, See Supplement to Effluent Limitations and Monitoring Requirements Page - Special Conditions A (2). Units: ing/L = milligrams per liter jIg/L = micrograms per liter The discharge shall contain no floating solids or foam visible in other than trace amounts. Permit NC0086002 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July„ and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure, performed as the first test of any single quarter, results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months,. as described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. The chronic .value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicitytesting results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -I) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP'3B for the Chronic Value. .Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Enviromnental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be tneasured 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 Section at the address cited above. Should the perrnittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the 'following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial -monitoring. DENR/DWQ FACT SHEET FOR NPDES PERM DEVELOPMENT Applicant/Facility Name Mailing Address: Facility Name/Address: Permit No. Permitted Flow: Facility Class: Facility/Permit. Status: (i.e. New, Modification, Existing o Renewal) Drain:* e Basin / Count Classification: Subbasin: gstone Coating Corporation, Charlotte, NC P.O. Box 668267, Charlotte, NC 28266 Livingstone Coating Corporation, 240 Rhyne Road, Charlotte NC0086002 0.0216 MGD Renewa Catawba / Meokl 4 ibutar. to Lon+ Creek Drainage Area (mi Summer 7Q10 (cfs) 0 (see below for explanation) 0 Winter 7Q10 (cfs): 30Q2 (cfs): 0 Average Flow (cfs): 0 iSGS Topo Quad/State Grid: 100 $discharge to storm sewe ke, NC / F Treatment System Components. Components to this groundwater rernediation system consist of an equalization tank, a diffused aeration tank, an activated carbon absorption vessel, and two retention ponds. WLA Summary. This treatment system requires an individual NPDES permit because Pollutants of concern (POCs) include carcinogenic chlorinated solvents (not simply gasoline and diesel fuel), and because of WS (water supply) stream classification requirements. This Class I treatment facility is designed to remediate groundwater contaminated with chlorinated solvents, Whole Effluent Toxicity (WET) Testing. Livingstone Coating has a perfect toxicity test record = WET testing results from January 2002 through December 2005 indicate "pass." Renewal Pollutants of Concern. The Division evaluated "reasonable potential" for each POC based on four years of monthly data submitted by the permittee (Discharge Monitoring Reports January 2002 through December 2005). To establish reasonable potential, the Division compared each POC's predicted maximum to both freshwater criteria and water supply (WS) criteria, choosing whichever criteria was lower to be environmentally conservative. If a given POC was not detected during the referenced monitoring period, the Division assumed that there was no reasonable potential. For renewal, the monitoring of such POCs was reduced from 2/Month to Monthly, and the limits were removed from the permit (Table 2). Metals RPAlrenewal actions are summarized in Table 3. Page 1 of 3 DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT Table , Organic Data. Review: Findings and Renew Toluene Total Xytenes 75 7 0.678 pag/L Not detected Not detected Not detected Not detected ce POC continue monitoring Monthly POC continue monitoring Monthly POC continue monitoring Monthly POC continue monitoring Monthly POC continue monitoring Monthly POC continue monitoring Monthly POC continue monitoring Monthly POC conttnue monitoring Monthly POC continue monitoring Monthly 75 o Not detected No POC continue monitoring Monthly *RP = data indicate "Reasonable Potential" to exceed instream Water Quality Standard. **POC = Pollutant of Concern -- not occur naturally; influent concentrations exceed standards and/or criteria, therefore, continued monitoring (minimum) is required. Table 3. Metals RPA -- Findings and Renewal Actions Total Chromium Total Iron Total Nickel 75 52 95 11 *RP = data indicate "Reasonable Potent **POC = Pollutant of Concern -- not occur therefore, continued monitoring 42.2 µg/L 1,586.1 µg/L 72.7 pg/L 50.0 lrWL l.© rng/L 25.© µg/L No Yes Yes POC continue monitoring Monthly Action Level Parameter No TOX issues; continue monitoring Monthly Retain Limit — continue monitoring 2../Month o exceed instream Water Quality Standard. .urally; influent concentrations exceed standards and/or criteria, inimum) is required. Page 2 of 3 DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT Summary of Renewal Strategy The permittee has submitted lab results with the renewal application indicating three POC's detected in the influent — 1,1 dichloroethene (1,1 DCE), 1,1 dichloroethane (1,1 DCA), and 1,1,1 tichloroethane (1,1,1 TCA). Per Division guidance, monitoring (without limits) for these POCs will continue for this discharge to WS-1V waters under "zero flow" conditions. The Division has not included permit limits for these POCs in the absence of reasonable potential to exceed water quality standards, noting that none of these three parameters have been detected during 75 sample events covering the entire permit cycle. Discharge monitoring includes quarterly chronic WET testing. Moreover, an onsite post -effluent holding pond further protects water quality. Discharge from this pond occurs only with considerable dilution during sustained rainfall. Proposed Schedule for Permit Issuance Draft Permit to Public Notice: August 2, 2006 Permit Scheduled to Issue: September 25, 2006 State Contact If you have any questions on any of the above information or on the attached pe contact Karen Rust (919) 733-5038, extension 361. p ease NPDES Unit: Date: Regional Offi+ e Co Regional Recommendation by: Date: Regional Supervisor: Date: NPDES Unit Supervisor: Date: Page 3 of 3 REASONABLE POTENTIAL ANALYSIS Livingstone Coating Corporation WWTP NC0086002 Qw = 0.0216 MGD Tirne Period 0 Qw (MGD) 0.0216 WWTP Class 1 70105 (cts) 0 IWC (%) ® 70105 100 7QT OW (cfs) 0 al 7Q 1©W 100 3002 (cis) 0 6 3002 100 Avg- Stream Flow, ©A (cfs) 0 0 QA 100 AecV n9 Stream Unnamed tributary to Long Creek Stream Crass WS-IV Outfall 001 PARAMETER Toluene Ethyl Benzene Total Xylenes Chromium Mothyt Ethyl Ketone 1,1-Diehloroethene 1,1.DIchloroethane 1,2-Chchioroelhene .T Meihylerre Chloride Nickel Telrachlareethene Chloroform iron STANDARDS & TYPE CRITERIA (2) POL III NCWQI/ 5irier Chronic Aryl NC NC NC NC NC NC NC NC NC 11 520.0 780 50 1,022 3,400 0 5.7 1000,00 A 261 Legend: C E Carc/nopen/e NC. Non-cercinowlic A .:. Aesthertc Units ug/L ug't up/L ug/L ug/L ug/L tart ug/L ug'L REASONABLE POTENTIAL RESULTS , rrr.l u.rPeel e. Mew.BI.Cw 75 0 75 0 75 0 75 1 42 0 75 0 75 0 75 0 75 1 24 0 95 3 75 0 75 0 52 11 Acute; N/A 0.3 Acute: N/A 0.3 2 Acute: N/A 0.3 C- hronic'7 42.2 Acute: WA 50,0 C- hronic; NVALUEI 0.3 0-3 6.3 0.3 72.7 0,3 0,3 1586.1 WA Acute: WA Acute: N/A Chronic:. �3„4 Acute: NSA Ahute: N/A Chronic; Acute; WA . Chronic= Acute; 261 Acutef. WA C ISc is:__a Acute, WA Acute: NIA C- hronic; 9.,000 Acute: WA " Freshwater Discharge RECOMMENDED ACTION codes rpe 2004031 86002, roe 7/28/2006 Govornor • 1,\''11.lam G. Ross Jr Sccretary Norib Carol Deparncnt Environmem and Natural 1.e.sotirces Alan Klimek, P.R. Director vi.s of Water Quality DIVISION OF W ., —Et „TALI • October 23 '2006 Mr. H. S. Trammell Livingstone Coating Corporation P.O. Box 668267 Charlotte, North Carolina 28266 Subject: NP DES Perinit NiC,0686002 Livingstone Corrt;ng WW-FP Mecklenburg County Dear Mr. Trammell: Our records indicate that NPDES Permit No, N20086002 was issued on October 12,, 2006 :for the discharge of \„vastewater to the surface waters (Atte State from your facility, "The purpose of this letter is to advise yotiof the importance of the Permit and the liabilities in the, event of failure to comply 'with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the 'Permit, Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring. requirements :for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed onitoring Requirements" describes the .meastirement frequencies, sample -types and sampling locations. Upon commencement of your discharge (Or operation, you must initiate the required monitoring. '[he monitoring results must be entered on reporting, forms furnished ipr approved by this Agency. For new permitslfaiities. the Division rnay supply an initial small stock of these forms; however, if you fail to 'receive, the forms, please contact this Office as quickly as possible. The forms, including directions for their completion, and other important information are also available at http://h2o.enr.state:ricaisil\IPDES/doetiments.html, It is imperative that all applicable parts b•e completed, and the original and one copy be submitted as required, Picase be advised tLat an annual fee 'nay be required for your facility; it o,you will receive a staternerit from OUT Raleigh Office. It is ir-riperative that the :fee he paid in a timely manner so as to prevent enforcement action or possible revocation of your permit, The remaining parts of the Permit set, forth definitions, general conditions and special cond„itions applicable to the operation of wastewater treatment .facilities and or discharge(s). The shs conditions include special reporting requirements in the event of noncompliancre, bypasses, North Carolina Natti/Vay Mooresville. Rogional Office, Division of Viates Quality iwzrnet: licwater:qui or12. 610 East Center Ave., Suit,2,'30.1 Mourecville, 28 I i 5 Pline 201-03-1699 Customer Service Fax 704-G63-60410 An EqualOpportunitytAffirmative Action Employer ---500 50c,,,,,cie,1110% Post Consumer Paper treatment unitlprocess failures, etc., Also addressed are, requirements for ti certified wastewater treatment plant operator if yoU are operating wastewater treatment .facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged„ expansions andfor .upgrading of wastewater treatment facilities must be permitted or approved by this Agency. To maintain compliance with discharge .limitations, proper operation and maintenance of a wastewater treatment facility and the development of a process control program are essential, For those facilities having chlorine tablet disinfection, please be advised that chlorine tablets approved for wastewater treatment use must be used; swimming pool tablets are not approved. Also, be advised. that DWQ staff need to have access to the facility's discharge point into the receiving stream; please maintain i path along the °ilia!l line to facilitate that access. Failure to comply 'with the terms and conditions of an NPDES Permitsubjects the Permitter to enforcement action pursuant to Section 143-215,6 ofthe North Carolina General Statutes. A civil penalty of up to S25,000 per violation (andior criminal. penalties) may be assessed for such violations. If you find at any time that you are unable to comply .with the terms and conditions of the Permit., you should contact this Office immediately.. A Special Order by Consent (SOC.) may be necessary While pursuing, action to obtain complia.nce, As a .final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must he submitted, to this Agency no later than 180 days prior to expiration. Please nuke note of the expiration date of i.yiour Permit, This date is set .forth on Pnec -1 of the .Permit. Also note that NPDES :Permits are not automatically transferable. :If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request, that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit, Please read the Permit and contact this Office at 704/663-1699 in. Mooresville if you have any questions or need clarification. We look forward to providing any a„ssistanee. Sincerely, D, Rex Gleason, P.R. Surface Water Protection Regional Supervisor NPDESLIR.WQ Director ctor r Quality October 12, 2006 Mr. I �. S. Trntnell Livingstone Coating l..€rporation P. O. Box 668267 Charlotte, North Carolina 28266 Subject: Issuance of NPDES Permit Nc086002 Livingstone Gaating Corponition W\XTP Mecklenburg County Dear Mr. Trammell: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final pennit includes no major changes from the draft permit sent to you on August 2, 2006. Per your request, the monitoring frequency for Methyl Ethyl Ketone, Total Xylenes, Ethylbenzene, and. Toluene has been reduced from monthly to semi-annually. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714. Mail Service Center,, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Karen Rust at telephone number (919) 733-5083, ex -tension 361. Sincerely, cc: Central Files Mooresville Regional Office/Surface' 'a Protection Sectiion. NPDES Files Aquatic Toxicology Unit N. C. L)i isitan of Water Q. Bi r 1617 Mail Service Center Raleigh, North Carolina 27699mt(a17 Phone: t91gi 33- d t Customer Service lnterner httptllh2o,encsr e.ttc. 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity/Affirmative .Action Employer Fax: (919) 33-t1719 1- 877-623-6748 Permit NC0086002 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PE IT TO DISCHARGE WASTEWAl'ER UNDER THE N \T1ONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance With the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Livingstone Coating Corporation is hereby authobzed to discharge wastewater from outrallts1 located at the Livingstone Coating Corporation 240 Rhyne Road at NC Highway 27 West Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Long Creek within the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III and IV hereof. This permit shall become effective November 1, 2006. This permit and authorization to discharge shad expire at midnight on June 30, 2010. Signed this day October 12, 2006. Alan W. Klimek, PE.. Dire or Division of Water Quality By Authority of the Environmental Management Conunission Pe 6Cit2 SUPPLEMENTPERMIT COVER SHEET All previous NPDES Perr t issued to this facility, yhether for operatic n or discharge are hereby rc oked and as of this issuance, any previously issued permit bearing this number is no loner effective. Thererrea the exclusive authority to operate and discharge from this facility arts c,s under the permit conditions, re uhements. terms, and provisions described herein: ingstoneCoati g Corporation is hereby authorized to: Continue to operate n existing 02 6 MOD grourid eater rernediation system consisting of 500 gallon equalization tank a totalizing flow meter a diffused aeration tank an activated carbon absorption essel two retention ponds This facility is located at Livingstone Coating Corporation (240 Rhyne load at NC High ay 27 West) near Charlotte in Mecklenburg County. Discharge from said treatment works, at the 1 anon specified on the attached map, into an unnamedtributary to Long Creek, current l class i led WS-IV Waters within the Catawba River Basin, vingstone Coating Corporation Groundwater Remediati©n System tte Griet9°ted: FH 15 SW I Mt. island Lake, NC Sub -Basin: Receiving Stream: UT of Long Creek Stream Class: Drainage Basin: Catawba River Basin Per¢rantted 03-O8-34 WS-1V 0,02216 MGD NPDES Permit NC0086002 Mecklenburg County Permit NC0086 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Perinittee is authcrri ,ed to discharge wastewater from a groundwater rcmediation system from Outfall 001, Such discharges shall be lincited and monitored by the Pernrittee as specified below: EFFLUENT CHARACTERISTICS 2 Dich 0 n l Trichloroethane hylene Chloride Tetrachloroethene Total Xylenes Toluene nz h' I Eth etone Chloroforn Total Chroi Total lro Total Nicke Chronic Toxicity Notes: EFFLUENT LIMITATIONS lonthly Average A aad MMONITORING REQUIREMENTS Frequent n rvrontnty Monthly etni annuall Serni annually Sample Ty Grab Grab Grab ple ocation Effluent Effluent Effluent Effluent Effluent Effluent Effluent Grab EI"fluent nthl Grab Effluent h y' Grab E h Grab E1 Quarterly Grab 1. If discharge is not continuous, flow may be nonitored weekly by an instantaneous flow estimate. If no discharge occurs during a given month, the perrnittee shall indicate "No Discharge"oir the monthly Discharge Monitoring Report (DMR) to the Division. Chronic Toxicity (C'eriodaphnia), P/F at 90%. Quarterly during months of January, April, July, and October, See Supplement to Effluent Limitations and Monitoring Requirements Page - Special Conditions A (2). Units: g/L = milligrams per liter frg/L = micrograms per liter The discharge shall contain no floating solids or foam visible in other than trace amounts. Permit NC0086002 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no fime exhibit. observable inhibition of reproduction or significant mortality to Ceriodophnia dubut at an effluent concentration of 90 %. The permit holder shall perform at a minimum. quarterlymonitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised Fehniary 1998, or subsequent versions or "North Carolina Phase '11. Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the:months of January, April, July, and October. Effluent sampling for this testing shall he performed at the NPDES permitted final effluent discharge below all -treatment processes. If the test procedure, performed as the first test_ of any single quarter, results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months, as described in "North Carolina Phase 11 Chronic V Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent. versions. The chronic value for multiple concentration -tests will be determined, using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase lit Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered. on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code 'TGP3B for the pass/fail results and THP3B for the Chronic Value, Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environme-ntal, Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (.AT) test form indicating the facility name, permit number,. pipe number, county, and the 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 Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will he required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit, may he re -opened and modified to include alternate monitoring requirements. or limits.. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum. control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate .follow-up testing to be completed no later than the lastday of the month following the month of the initial monitoring. NPDES Permit Requirements Page 1of16 PART II STAND D 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 tunes per week on three separate calendar days Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water c Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during coliforrn, the geometric mean of suchdischarges. as amended, 33 USC 1 e Arithmetic Mean The summation of the indiv dual values divided by the number of individual values, n the case of fecal Bypass The known diversion of waste streams from arty 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 srddnight 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 rrzi 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 tune/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 tune/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer„ and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version ,/1/006 NPDES Permit Requirements Page 2of16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours, In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the monitored continually except for the infrequent times when there may be no flow or for activities on the flow device. tltty. equent w shall be Maintenance Daly 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 1223) Pally Maximum The highest "daily discharge" during the calendar month for conventional and other non -toxicant parameters, NOTE: Permittees may not submit a "daily average" calculation for det rrraiix g compliance with permit limits for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. 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 pararneter(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 Na FMC The North Carolina Environmental Management Commission. Resources. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of under the NPDES. Completion of facility closure will allow this permit to be res c ov a Geometric Meart 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 lii0 rril 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 511 of the Clean Water Act. ;instantaneous flowmeasurement measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total ge. Versrnn 55t'666 NPDES Permit Requirements Page 3 of 16 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. Quart ly Average (concentration lirnit The average of all samples taken over a calendar quarter. aevere 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 (co centration 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, -neral Cond'tion4 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 122.41j. a The Pennittee 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 an person who n n violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 5/1/2006 .NPDES Permit Requirements Page 4 of 16 d. Any person who knowinth, 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)] g. 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 irnminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000.. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000, [40 CFR 122.41 (a) (3)] , Duty to l`viitipte The Permittee shall take all reasonable steps to minirnie 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 Ieg1 actiori 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. PropertyP4gbts The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters, Version 5/1/2006 NPDES Permit Requirements Page 5 of 16 7. SeverabilitN.: The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Puty to Reapply If the Permittee wishes to continue an activity gulated by this permit after the expiration date of this permit, the Permirtee must apply for and obtain a new permit [40 CFR 122.41 (b)). 10. Expiration ofPermit 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. Ali permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means; (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations:, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for perrnit 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 agencyby either a principal executive officer or ranking elected official [40 CFR 12222]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2 The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 5/1/2006 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 12222]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property 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 kno ing 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause, The filing of a request by the Perrnittee 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. arrnit Modificati n, Revocation a d Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and rriodif)ting 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 Perrnittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 21-1.0105 (b) (2) may cause this Division to initiate action to revoke the permit. 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 1.5.A NCAC SG.0204. The ORC of each Class II, III and it facility must: 9 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 b mg introduced into a new system Version 5/1/2006 NPDES Pe b. Within 120 calendar days of. ➢ Receiving notification of a change in the classification of the systena req new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. r&t equrxements Page _ of 16 designation of a Proper Opera on 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 Persnittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. Need to Halt or Reduce not aDefen.se It shall not be a defense for a Permittee in an enforcement action reduce the permitted activity in order to maintain compliance with (c)] it would have been necessary to halt or condition of this permit [40 CFR 122.41 4. Bypassing o£ Treatm t Fa„c ties a. Bypass not exceeding litlaitations [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 Pei notice, if possible at least ten anticipated quality and effect of (2) Unanticipated bypass. The Perm' II. E. 6. (24-hour notice). e knows in advance of the need for a bypass, it before the date of the bypass; including an, ass. shall submit notice of an unanticipated bypass shall submit prior evaluation of the as required in Part 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 norkrral periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. 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. The Perrrrit 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. (2) 5. Upsets a. Effect of an upset [40 CFR 1.22.41 (n) (2)]:: An upset constitutes an affirrnative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b, of this condition are met. No determination made during administrative review of claims that Version 5/1/2006 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part IL E. 6. (b) of this permit (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit c. Burden of :proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be 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 uttlization/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 L Representative Sarnpling 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)]. 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 (111R 1, LI, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 5/1/2006 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement • 4. Test P ocedures 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. l'alties 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 Perrnittee shall retain records of all monitoring information, including. > all calibration and maintenance records > all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit > copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Resul s For each measurement or sample taken pursuant to the requirements of this permit, the Perrnittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 5/1/2006 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and 1„ The results of such a.nalyses. 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 Perrnittee's premises where a reguIated 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 "ons 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 Perrnittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)1 4. Transfers This permit is not transferable to any person except after notice to the Director, The Director may reqnire 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 12 ,41 (I) (3)1. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this per [40 CFR. 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR„ Version 5/1/2006 NPDES Perrnit Requirements Page 11 of 16 6. T ren ur Re or n 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 Perrnittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Perrnittee becomes aware of the circumstances_ The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Perrnittee 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 Perrnittee 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 purnps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatrnent facility resulting in a by-pass directly to receiving waters without treatment of ali 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 12SC 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. 1 . Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 5/1/2006 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41). 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation, PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing .Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/L); (2) Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one rnilligram 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 1.1.g/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division, Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 5/1/2006 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatrnent Works(POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the Pony from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 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 fro ndustrial 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 willcause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 5/1/2006 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15.A 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 Perrnittee 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 122.44]. 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 Pre eatrnent Permits (IUP) .;Sc 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 treatrnent capacity of the POTW as determined by the HWA. Version 5/1/2006 NPDp Perm' equttt Page eats of 16 6. Authorization to Constrict (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 everted for its capacity to comply with all Industrial. User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Pertnittee shall conduct inspection, surveillance, and monitoring act des 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. 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 t1 ugh 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, 9. StU Md itoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and re po requirements outlined in the Division approved pretreatment program, the .industry's pretreatment permit, or in 15A NCAC 2H .090& e Pe promulga p discharge stan All enforcement a Division. 10, Pretreatment The Permittee shall report to the Division in a ordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Mimed 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. rid obtain appropriate remedies for violations of all pretreatment standards torn 307(b) and (c) of the Clean Water Act (40 CFR 405 et seq), prohibitive forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. I be consistent with the Enforcement Response Plan (ERP) approved by the orts (PAR) For all other active preent pr rams, the Perini itee shall submit two copies of a Pretreatment Report (PAR) descri.. its pretr t nent activities over the following address: NC DENR " DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 ious twelve months to the Division at the These reports shall be submitted according to a schedule establish following a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SlUs) in Significant Non -Compliance (SNC); b.) Pretr tmen Program Suzy (PPS) A pretreatment program summary (PPS) on specific forms approved by the Div sion, c) Significant Non-Complianceittpgrt (SN N' ) 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 Sutnrnary Forms (IDSF). NPDES Permit f4.equirerna Page 16 of 16 Monitoring data tom samples collected by both the POTW and the Si User (SIU), These atiytical results must be reported on Industrial Da (IDSF) or ot approved by the Division; Other Informa Copies of the PDTW's allocation table, new or modified enforcement compliatnce schedules, public notice of SIUs in SNC, and any other information, upon r Wiest, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; Public Notice The Permittee sh Non -Compliance applicable pretrea shall be published ificant Industrial Summary Forms annually a list of Significant Industrial Users (SIUs) that were. defined in the Permittee's Division approved Sewer Use Or ante nt requirements and standards during the previous twelve month period, This list 'thin four months of the applicable twelve-month period.. 12. Record Keeping The Permit -tee shall retain ecords of mo with support information including general records, water quality on the POTW. Fund:g aid Fipanepat The Permittee shall maintain adequate approved pretreatment program. 14. Migliewation toPretreatment P 4 Modifications to the approved pretrc modifications, POTW monitoring of th modifications, shall be considered a permni 15A NCAC 2H .0907. nd staffing levels to a obi of its prof inclug but not limited to local limits Si cant Industrial: Users (Sills), and Monitoring Plan d shall be governed by 15 NCAC 2H .0114 and SOC PRIORITY PROJECT: NO To: Permits and Engineering Unit Water Quality Section Attention: Mike Myers Date: April 25, 2002 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0086003 MRO No.: 02-11 PART I - GENERAL INFORMATION Facility and address: Livingston Coating Corporation Post Office Box 668267 Charlotte, NC 28266 Date of investigation: April 19, 2002 Report prepared by: Bette D, Browder, Engr, 1 4. Person contacted and telephone number: Scott I Ioncrete, (704)392-2323 Marion. Sims, Maintenance Supr. Directions to site: From the jct. of Highway 27 and Mount Holly Huntersville Road in west Mecklenburg County, travel. east on Highway 27 approximately 1.2 miles to the junction with Rhyne Road, Turn right (south) onto Rhyne Road and proceed approximately 0.15 mile. Livingston coating corporation is located on the right (west) side of the road. Discharge point(s), List for all discharge points: - Latitude: 35" 17' 20" Longitude: 80° 58' 16" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map, USGS Quad No.: F 15 S W Mountain Island Lake 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): The facility is located inside a building. The site is not in a flood plain. Page Two 9. Location of nearest dwelling: Approx. 450 feet from the WWTP site. 10. Receiving stream or affected surface waters: UT to Long Creek a. Classification: 'WS-IV b. River Basin and Subbasin No.: Catawba 030834 Describe receiving stream features and pertinent downstream uses: Treated groundwater will be discharged to a drainage swale in a wooded area. The drainage swale is the head waters area of an unnamed tributary to Long Creek. Downstream users are unknown. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of wastewater: 0.0216 MGD (Design Capacity) b. What is the current permitted capacity: 0.0216 MGD c. Actual treatment capacity of current facility (current design capacity): 0.0216 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of a recovery well, a 500 gallon equalization tank, a totalizing flow meter, a 4' x 6diffused aeration tank with blower, a collection tank, paper filter system, an activated carbon adsorption vessel, and a 30' x 30' x 4' retention pond. f Description of proposed WWT facilities: N/A 8- Possible toxic impacts to surface waters: There are no toxic impacts expected. h. Pretreatment Program (POTWs only): Not Needed. Residual handling and utilization/disposal scheme: No residuals are generated by this facility. a. If residuals are being land applied specify DEM Permit No, N/A. Residuals Contractor: N/A Telephone No. ( )N/A b. Residuals stabilization: PSRP PFRP c. Landfill: N/A Treatment Plant Classification: Class 1 (no change from previous rating). Page Three 4. SIC Code(s): 3479 Wastewater Code(s): 66 5. MTU Code(s): 56000 PART HI - OTHER PERTINENT INFORMATION 1 Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time, Important SOC/JOC or Compliance Schedule dates: N/A Submission of plans and specifications Begin Construction Complete construction 4.. Alternati ve. analysis evaluation a. Spray irrigation: Insufficient suitable land area available for a spray irrigation system. b. Connect to regional sewer system: Non available. c. Subsurface: Soil is not suitable for a subsurface disposal system. d. Other disposal options: Not evaluated. PART IV - EVALUATION AND RECOMMENDATIONS Livingston Coating Corporation request the renewal of their NPDES Permit for the operation and discharge of treated groundwater from the groundwater rernediation system located at 240 Rhyne Road. The retention pond receiving the discharge from the treatment system also receives on site stormwater drainage. Water rarely discharges from this pond. Samples are taken from the head of the ditch where water is discharged as it leaves the treatment system prior to collection and adsorption/evaporation in the retention pond. During excessive rainfall events this pond does discharge into a UT of Long Creek. It is recommended that the NPDES permit be renewed for this facility. Signature of Report Preparer Water Quality Regional Supervisor hAdsr \iisr99\,dsr Date State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph D., Acting Director March 14, 2002 Mr. J. Scott Moncrief Livingstone Coating Corporation PO Box 668267 Charlotte, North Carolina 28266 111 NORTH CAROUNA DEPARTMENT OF ENVIRONMENT ANC) NATURAL RESOURCES Subject: NPDES Permit Renewal Ap011eation Permit NC0086002 Livingstone Coating Corporation Mecklenburg County Dear Mr, Moncrief; ARR 5 2002 The NPDES Unit received your permit renewal application on March 27, 2002. Thank you for submitting this package. The permit renewal for this facility has been assigned to Mike Myers. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0086002 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Mike Myers at (919) 733-5083, extension 508. cc: Mooresville Regional Office, Water Quality Section NPDES File 1617 Mail Service Cener, Raleigh, North Carolina 2'7699-1617 Sincerely, Valery Stephens Point Source Unit 919 733-5083, extension 520 919 733-0719 VISIT US ON THE INTERNET htlp:111-12o.enr,state nc,usiNPDES Valery.StephensOncrnatnet L V NGSTONE COATING CORPORATION March 25, 2002 Mrs. Valery Stephens NC-DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RETURN RECEIPT REQUES I ED Subject: Notice of Renewal Intent NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County Mrs. Stephens: By this letter and the enclosures herein, Livingstone Coating Corporation requests renewal of the permit listed above. Enclosed are copies of the completed NPDES PERMIT APPLICATION - SHORT FORM C-GW and attached site maps, report of alternatives to surface water discharge, and analytical results as outlined following Section 9 of the Short Form C-GW. These items were originally submitted to the address listed on the header of the Short Form C-GW via the USPS on February 20, 2002. We were advised today by Mr. Charles H. Weaver, Jr. of the Division of Water Quality that your records do not show having received the original application , via e-mail in response to our e-mail of March 19, 2002. Also enclosed is a statement regarding sludge management for the permitted treatment system and multiple copies of this letter, the application with attachments and sludge management statement as additional submittal requirements presented in Mr. Weaver's letter of March 11, 2002. Sincerely, LIVINGSTONE COATING CORPORA IION J. Scott Moncrief Enclosures Cc: Mooresville Regional Office, Water quality Section (w/o enclosures P. 0, BOX 668267 • CHARLOTTE, N.C. 28266 • 704/392-2323 • FAX 704/399-4021 SHIPPING ADDRESS 240 RHYNE ROAD AT NC 27-W • CHARLOTTE, N.C. 28214 too a NPDES PERMIT APPLICATION - SHORT FORM C-GW To be filed by persons engaged in groundwater rernediation projects N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCO() 86002 Pfease print or type 1. Applicant and facility producing discharge A. Name Livingstone Coating Corporation 8. Mailing address of applicant 1. Street address 2. aty Charlotte 4. State 5. Top Code P.O. Box 668267 Telephone Number Fax Number ( 704 ) 399-4021 e-mail address: INFO@ IVCOAT .COM 3. County ( 704 ) 392-2323 C. Location of facility: 1. Street 240 Rhyne Road 2. Oty Charlotte 4. State NC Telephone Number Fax Number Mecklenburg 28266-8267 3. County. Mecklenburg 5. Lp Code 28214 ( 704 ) 392-2323 ( 704 ) 399-4021 2. Standard Industrial Cassn (SIC) oode(s) (if known): 3479- 3. This application is for a: fl New Permit Ei Permit Renewal 4. Product(s) recovered (circle all that apply): Gasoline Other (describe) 5. (a) Check here if discharge occurs all year , or Diesel fuel (b) Crde the month(s) in which discharge occurs: January February March April May June July August September October November December Days per week discharge occurs' 7 (c) 6. Volume of wastewater discharged to receiving strea 7. Check here if wastewater is discharged directly to the receiving stream(s) UnnAmed hong Creek If not, state the specific discharge location: Mark the path taken by the wastewater to the receiving stream(s) on the site rnap. lir a storm sewer is viable means of disdiarge, trace the route of the storm sewer to its discharge point(s). Short Form C-GW Version 9-99 NPDES PERMIT APPLICATION - SRORT FORM C-GW To be filed by persons engaged in groundwater remediation projects 8. Number of separate discharge pointsl. NOTE; if the facility has separate discharge wastewater flaw at the facility. S. Name of heaving water(s); This apglitation Dadsacielnilst andudeilloltets rested below, This aDalication rr turned if the uiredd iteMS are not included. A USGS tcpoTadkal nrb (or cry of the relevant portion) which shows al outfais A report et allemeaves to surface water die: nage as aired by the trines 'Gut:lance for Embalm of War Disposal 15A NCAC 2-L0105 (c)) ci A surnmay cite most recent anaytid wilts carting tine rreoleum values fcnr earth chemical ciel°ca 1 0 ), indudie aschematic diagram of A Creek, C s Q A fist of any cherniczis found in damse at the sile, wth the nnai rrum sample rust be mleced less than one peer prior b the dale 0f this appicato n) • A arnanay Cf anaytiat results cantzinlig the rnmrcitum values for each chemical deeded • The nemeil 'efficiency et each crir x d deeded (1 Icr wn) S—IV in Catawba River basin Fcr tub remeizfitn ;elects, analyses for vciable organic oorrhpouxis ( ) slcttid be Arnim sste sstbuld also beoattrrect At minimum, ases should be petered far the foils anrn hg pounds: bermebenzene 1,2-cilchiabehme soprnpji Slier rmikckrnr Fit ("an EPA-cex:fo cd rrtaf czcistie of Mellon leAls slraukl be Used to c tecttese ct rrpornrls). For solvents or cniberit*b Drclects, an EPA Meted OM anayse stout be perk m esi. The data subm lied with this perks net !dented as tagedd anrnpands and not present in the pcoacisal blank. These peaks staid be lorded anti apprimetelely sane reabnidiu$b found cc the NC DE,NR W Annual Pollutant Analysis Monitoring (APAM) Requirement. Reporting A tlr ae saascnec t b be these =bows stolid be anaya 1 b the sane debcfrn le.el as prnesarhed it the NC APAM. I certify that I ana frltmitiar want information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. dborreethaie () H.S. Trammel1 gnature « A e > tcant C43.215.6 (b)(2) proWdes It& Any person who krorasgiy nukes cry false statement itd or tendon in any or other downers ides or required to be rnntntered under Artie 21 or regus horns of tine Enviciornental ManagemettComn issiorn falsifies, tampers with. cr krnvnnringly renders ina Grate cry rsecrofrg armuttur.y *rice or mini!. moored. to be operated or maintained under , regulations of the Emir oninental Management Can lit :3. Po irroiemerreig that Attie, she' be gutty ct a misdemeanor pus me by a fine not to exceed $10,000, or by imprisonment not to exceed sir months, or by both_ (18 U.S.C. Sec on 1001 provides a punts' by a fine of not more than $10,000 cs rhprisonment far not ROD than 5 yews, or both, far a Soler offense.) Short Fomh C-GW Version 999 SCALE : 4 000 MILE 7000 FEET KILQIMETEFt CONTOUR INTERVAL 10 FEET tJvingstone Coating Corp. NC0086002 Mecklenburg County Latitude , 35°1 Longitude 816" Map # F:,5SW Sub -basin 03- 34 Stream Class Ws -Iv Discharge Class 66 Receiving Stream UT to Lo+lg Creek Design Q0.0216 MG©Permit expires L V NGSTONE COATING CORPORATION February 20, 2002 There are These are: ALTERNATIVES TO SURFACE WATER DISC ee practical routes for disposal of ground water pump and treat system effluent. 1. sanitary sewer system discclTarge; 2. re -infiltration; and surface water discharge. Sanitary Sewer System Discharge No public sanitary sewer system exists at the site nor would Charlotte -Mecklenburg Utility Department allow such discharge if a sanitary sewer was available per their notification of 2/29/96. Therefore discharge to such a system is not an option. Re -infiltration Re -infiltration of the discharge would require the construction of an infiltration gallery or injection well. The Mecklenburg County Health Department and the NC DENR-DEH state that the soils on site are unsuitable for construction of additiorial leach fields for disposal of domestic sewage and therefore would never be able to accommodate the volume of flow generated by a ground water remediation system. Surface Water Discharge Surface water on the site currently drains in a westerly direction through a sediment basin to an unnamed tributary to Long Creek. This pathway provides a ready location for a surface water discharge. Surface water discharge is considered the only technically feasible discharge option. National Pant Discharge Elimination System, Permit Application, November 22, 1996, with minor modi ications. P. O, BOX 668267 • CHARLOTTE, N.C. 28266 • 704/392-2323 • FAX 7041399-4021 SHIPPING ADDRESS. 240 RHYNE ROAD AT NC 27-W • CHARLOTTE, N.C. 25214 "JAN2 LAboRAToI ES7 INC. ANAIyTiC Analytical/Process Consultations 2 Chemical Analysis for Selected Parameters and Sampling Locations Identified Coating (A David W Gipe & Associates Project#, 04 & 20 December 2001) ingstone L Volatile Organics EPA Method 601/602 Parameter 1;1-Dichloroethe e 1,1-Di chl oroethane 1,2-Dichloroethane 1,1,1-Trichloroethane Trichloroethene Tetrachloroethene Ethylbenzene Toluene Total Xylenes Chloroform II. Volatile Organics Method 8240 Parameter Detection Limits(mg, 0.0005 0.0005 0.0005 0.0005 0.0005 0,0005 0,0005 0.0005 0.0005 0.0005 Methyl Ethyl Ketone 0.100 ILL Inorganic Parameters Chromium Iron Nickel Sample Number Sample Date Sample Time (Firs 0.020 0.100 0.010 mg/L BDL N/A milligrams per liter = parts per = Below Detection Limit Not Available = Not Requested Outfall 001 Effluent ring/L) BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL on BDL Outfall 001 Effluent (rng/L) BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL ---- BDL BDL 437950 439237 12/04/01 12/20/01 1235 1209 Pp. Box 473 • 106 Short Street • Kernersville, Norm Uarolane 27264 • 336-996-264 • Pax 336-996-0326 Fn, L:,W©R 'REPOR'IS\G D_WS'IDavcGepc,LivingsfDec.01 11.4 Ana ly C VProcess Consultations Chemical Analysis for Selected Parameters and Sampling Locations Identt Coating (A Dave Gipe & Associates Project#, 04 December 2001) ed as gsone I. Volatile Organics EPA Method 601 Detection Influent Parameter Limits(mgal (mg/L1. Chloromethane 0,010 BDL Bromomethane 0.010 BDL Vinyl Chloride 0.010 BDL Chloroethane 0.010 BDL Methylene Chloride 0.010 BDL 1 ,1 -Dichioroethene 0.010 0.053 1,1-Dichloroethane 0,010 0.021 Trans-1,2-Dichloroethene 0.010 BDL Chloroform 0.010 BDL. 1,2-Dichloroethane 0.010 BDL 1,1,1-Trichloroethane 0.010 0.017 Carbon Tetrachloride 0.010 BDL Bromodichioromethane 0,010 BDL 1,2-Dichloropropane 0.010 BDL Cis-1 ,3-Dichioropropene 0,010 BDL Trichioroethene 0.010 BDL Dibromochloromethane 0.010 BDL 1 ,1 ,2-Trichloroethane 0.010 BDL Trans-1 ,3-Dichloropropene 0.010 BDL 2-Chloroethyl vinyl ether 0,010 BDL Bromoform 0.010 BDL 1,1,2,2-Tetrachloroethane 0.010 BDL Tetrachloroethene 0.010 BDL Chlorobenzene 0.010 BDL 1,3-Dichiorobenzene 0.010 BDL 1,2-Dichlorobenzene 0,010 BDL 1 ,4-Dichlorobenzene 0,010 BDL Trichlorofluoromethane 0,010 BDL Dichlorodifivaromethane 0.010 BDL BD Sample Number Sample Date Sample Time lHrs1 437952 12/04/01 1238 per lifer = parts per million Below Detection = Not Available mit Fn. L.+W©RF +\REVS\ ND WSTDa iivingac\ile .01 TM P.O. Box 4 1 Short Street 4* Kernersville, North Carolina 27264 • 2641 • Fax 336-996-0326 RESEARCh t ANAtyTICAl LAbORAT©RIES, INC. Analytical/Process Consultations Phone (910) 996-2841 RELINQUISI D BY CHAIN OF CUSTODY R ATE R,!ASTEWATER...�► SC o -w UESTEC ANALYSIS N Ot RESEARCh & ANALyT1CAI LABORATORIES, INC. Analytical/Process Consultations Phone (910) 996-2841 PROJECT NAME t 1 +cc - �.+ � ►� AM'LEIS (SIGNATURE) DATE TIM EL1NGUISHED(BY FBI INHE0 E3Y STATION LOCATION DATE/TIME RECEIVED EY It ATE EiECEIVED 8Y CHAIN OF CUSTODY RECORD ATERI ASTEV ATE QUESTED ANALYSIS ARKS: March 25, 2002 NGE AGE ; ENT STAGE ENT Addendum to: Notice of Renewal Intent Livingstone Coating Corporation Mecklenburg County The groundwater remediation activities as permi t d under NPDES Pemnt NC0086002 do not generate a sludge waste and therefore do not require s Sludge Management Plan, BOX 668267 HARE T7E, J.C. 28266392-2323 FAX 704 99 1 SH9:666NG ADDRESS7 240 RHYNE ROAD AT NC 27067 CHARL 7TE, N.C. ?8214 SOC PRIORITY PROJECT: NO To: Permits and Engineering Unit Water Quality Section Attention: Karen Rust Date: March 8, 2005 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0086002 MRO No.: 05-03 PART 1 - GENERAL INFORMATION Facility and address: Livingston Coating Corporation 240 Rhyne Road Charlotte, NC 28214 Date of investigation: February 7, 2005 Report prepared by: B. Dee Browder, Environ. Engr. I 4. Person contacted and telephones number: Steve Trammell, President, (704) 392-2.323 5, Directions to site: From the intersection of Highway 27 and. Mount Holly — Huntersville Road in west Mecklenburg County, travel east on Highway 27 approximately 1.2 miles to the junction with Rhyne Road. Turn right (south) onto Rhyne Road. Travel approximately 0.15 mile on Rhyne road. Livingston Coating Corp. is located on the right (west) side of the road. 6. Discharge point(s), List for all discharge points: - Latitude: 35° I7` 20" Longitude: 80° 58° 16" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F15SW Mountain Island Lake, NC Page Two 7. Site size and expansion area consistent with application: Yes. Topography (relationship to flood plain included): The facility is located inside a building. The site discharge is not located in a flood plain. 9. Location of nearest dwelling: The closest off -site dwelling or building is approximately 300 feet from the facility. 10. Receiving stream or affected surface waters: UT to Long Creek a. Classification: WS--IV b. River Basin and Subbasin No.,: Catawba 03-08-34 c. Describe receiving stream features and pertinent downstream uses: Treated groundwater is discharged into a drainage swale in a wooded area. This water travels through two onsite detention ponds prior to entering an unnamed tributary of Long Creek. The ponds rarely discharge. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of Wastewater: 0.0216 MGD (Design Capacity) b. What is the current permitted capacity: 0.0216 MGD c. Actual Treatment Capacity of current facility (current design capacity): 0.0216 MGD d. Dates and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The groundwater remediation facility consists of a recovery well, a 500 gallon equalization tank, a totalizing flow meter, an aeration tank with blower, a collection tank, filter system, and activated carbon adsorption vessel, and two retention ponds. f. Description of proposed WWT facilities: N/A g. Possible toxic impacts to surface waters: There are no toxic impacts expected. h. Pretreatment program: N/A, Residuals handling and utilization/disposal scheme: No solids are generated as result of operation of this facility. Page Three Ifresiduals are being land applied specify DWQ Pe it No N/A Residuals contractor: ctor: / Telephone Noa I /A Residuals stabilization: / Landfill; / Treatment pl t clssil"ctinn Class IC -I SIC nd(). 3479 MTU Code(s): 56000 ctcr dc(s. 66 PART Ili - OTHER PERTINENT INFO'"",Anari Is this facility being constnicted with construction t funds or are my public monies involved(municipalsonly)? Special monitoring or limitations (including toxicity') request None at this e. Important SOCBOC or compliance schedule dates: I'/A. Submission ofplans and specifications Begin constnictim Complete construction . Atte awe analysis+alutisa a Spray irrigation: N/A b. Comiect to regional se ra sys:N/A cW Subsurface: N/ d. Other disposal option N/ Page Four PART IV - EVALUATION AND l I l The Pe ittee is applying for renewal ofthe pe it to discharge t water from groundwater retnediation system. It is recommended thatthe pe iit be renewed as requested. Signet e ofReport Preparer f ate D...Rex le onP.e Date Surface Water r teetien. Regional Supe Isar f 1. Strphcn T Livingstone Coating P.O. Box 668267 Charlotte, North Carol' 11: i7 January 1 5 North Carol' Michael F. [;ashy, Governor William G. Rams Jr_„ Seerstary inn rib and Natural Resources Subject: Receipt of permit renal application NPDES Permit N0J086002 Livingston Coating Corp. Mecklenburg County h►e .NPDI::S Unit received your permit renewal. ap review uatio n. They will contact you if additional should expect to receive a draft perrrmt approximately 30-45 your existing permit wi l remain in effect until the perm if you have arty additional questions ing extension 520. cc: CENTRAL FILES Mnotesvilie Regional Office:/Water Quality Sec NPDES Unit on January 4, 2005. A member of the NPDES Unit will lmation is Nuked to complete your permit rencvsraL You ys before your existing permit expires. The requirements in is renewed (or the Division takes other action). of the subject pcmnt, please contact me at (919) 733-5083, Carolyn Bryant Point Source Branch 1617 Mail & k Garter 512 N. Salisbury St Raid NC'27699-1617 Ralendi NC 27604 733-7015 CLsbaner Service 733-2496 1-1377-623 674Si No Carol nor ,NaturalIi December 21, 2004 Mr, Charles H. Weaver, dr. NCDENR / Water Quality 1NPDES Unit 16' 7 Mail Service Center Raleigh, NC 27699-1617 RETURN RECEIPT REQUESTED Subject: Notice of Renewal intent NPDES Permit NC 0086002 Livingstone Coating Corporation Mecklenburg County 1r. ' eaver, By this cover letter and the enclosures herein, Livingstone Coating Corporation requests renewal of the permit listed above; There have been no changes to the treat. nt system since the issuance of the last permit. Enclosed are the origiral and tWo copies ies of the completed NPDES Permit Application - Short Form C-GW, Version 512004 and attached site map, USGS topographical map, the most recent effluent analytical results and a Sludge Manage nt Plan indicating that the remediation system generates no sludge.. Sincerely, LIVING STONE COATING CRPJRATION H, S. ra me Pres/ ent Enclosures Mooresville Regional Office, Water Quality Section (who endosuresj P. ,0 BOX fi CHAHLO'DIE, SlHEE€ ING ADDRESS: 240 RHYNE it A AT € - 2742 FAX 4..399 OTrE, 28 NPDES PERMIT APPLICATION - SHORT FORM C-GW 'To be filed by persons engaged in groundwater remediation projects N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC00 86002 Please print or type 1. Applicant and facility producing discharge A. Name Livingstone_Coating Corporation B. Mailing address of applicant: Contact Person H. Stephen Trammel Street address fQxj8 City Charlotte State North Caoiina Telephone Number ( 704 ) 3 2-23 3 Fax Number ( 704 ) 39�4Q2i e-mail address:INFOOLIVCOAT.COM C. Location of facility: Street 240 Rhyne Road CityCharlotte County Mecklenburg State North Carolina Zip Code 28214 Telephone Number ( 704 ) 392-2323 Fax Number ( 704 ) 399-4021 2, Standard Industrial Classification (SIC) code(s) (if known):347 This application is for a: New Permit Permit Renewal 4. Product(s) recovered (circle all that apply): Gasoline Diesel fuel Other (describe) 5. (a) Check here if discharge occurs all year , or (b) Circle the rnonth(s) in which discharge occurs: January February March April May June July August September October November December Days per week discharge occurs° County Mecklenburg Zip Code 28266-8267 Perrnit Modification (c) 6. Volume of wastewater discharged to receiving stream(s): 21,600 *Gaiions 7. Check here if wastewater is discharged directly to the receiving stream(s) T If not, state the specific discharge location: ut Mark the path taken by the wastewater to the receiving strearn(s) on thest� map. the route of the storm sewer to its discharge point(4 GPD* NPDES PERMIT APPLICATION - SHORT FORM C-GW To be filed by persons engaged in groundwater emediation projects 8. Number of separate discharge points: 1 NOTE: If the facility has separate discharge points (outfalls), include a schematic dia flow at the facility. 9. Name of receiving s): Long Creek, CIa,ssyVS1V in Catawba River basin Alt application padooes (Including permit renewals) must include the items listed below. This apf$Jcat1qnwiIIbe returned if the requ'red items are not included. A USGS topographical map (or copy of the relevant portion) which shows all outfalis A summary of the most recent analytical results (effluent data, if available) containing the maximum values for each chemical detected New applications for proposed (not yet permitted) discharges must also include the items listed below. This apolic.ation will be returned if the required items are not included. u An engineering proposal describing the remediation project in detail (required by 15A NCAC 211.0105 (c)) u A repot of alternatives to surface water discharge as outlined by the Division's "Guidance for Evaluation of Wastewater Disposal Alternatives" (required by 15A NCAC 2H.0105 (c)) • if the treatment system will discharge to a storm sewer, attach written approval from the municipality responsible for the sewer • A list of any chemicals found in detectable amounts at the site, with the maximum observed concentration reported for each chemical (the most recent sample must be collected less than one year prior to the date of this application) • A summary of analytical results containing the maximum values for each chemical detected • The removal efficiency of each compound detected (if known) For petroleum -contaminated sites, analyses for volatile organic compounds (VOCs) should be performed. Analyses for any fuel additives likely to be present at the site should also be performed. At minimum, analyses should be performed for the following compounds: benzene* toluene' ethylbenzene* xylene* lead methyl tert...butyletiher (MTBE) dibromoethane (EDB) ,2-dichloroethane isopropyl ether napthalene phenol (*an EPA -approved method capable of detection levels to 1 ppb should be used to detect these compounds). For solvents or other contaminants, an EPA Method 6241625 analysis should be performed. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. H S. Trarrirnell President Printed name of P n Signing Title natu o Applicant 2-- Date North rolina General Statute 143-2186B (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained unc,ii Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment for not more than 5 years, or both, for a similar offense.) Short Fon C-GW Version V2004 ROAD CLASSIFICATION UNIMPROVED ROAD ude 35°1., _.?"a-= Longitude # F15SW — Sub -basin am Class charge Class 66 Receiving Stream [.ong Creek Design Q 0,021 GD Permit expires 03-08-34 Livingstone Coating Corp. NC0086002 Mecklenburg County Addendum to: Notice of Renewal Intent NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County Maximum Effluent Concentrations November 2+003 to November 2004 EFFLUENT 1DCE 1.1 DCA 1,2 DCA ,1 TCA XYLENES TOLUENE ETHYLBENZENE PCE TCE 'CHLOROFORM MEK CHROMIUM IRON NICKEL METHYLENE CHLORIDE PERMIT SAMPLING Result LIMITS FREQUENCY in mg/L 0.025 MONTHLY MONTH Y MONTHLY MONTHLY MONTHLY MONTHLY MONTH' Y MONTHLY MONTHLY MON -Y MONTHLY MONTHLY MONTHLY 2IMONTH MONTHLY <0.0005 <0.0005 <0.0005 <0.0005 <0.0005 <0.0005 <0.0005 <0.0005 <0.0005 <0.0005 <0.100 <0.020 0.306 <0.010 <0.0005 Addendum to: Notice of Renewal Intent NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County INFLUENT DATE TIME UNITS 1,1 DCE 1,1 DCA 1,2 DCA 1 1„1 TCA XYL€NES TOLUENE ET BENZENE PCE TCE CHLOROFORM MEK TRICHLOROFLUOR • 4 1220 0,028 0.0013 <0,0010 0.0016 NA. NA NA <0,0010 <0.0010 <0.©010 NA VINYL CHLORIDE <0.0010 <0.0010 4 2 0.030 0.0018 <0.0010 0.0030 NA NA NA <0.0010 <0, 0010 <0.0010 NA 2117104 312/04 1230 NS NS NS NS NS NS 0.0074 010 0.0033 NA NA NA 0.0053 0.0027 <0.0010 NA <'0.00 <0.0010 4 4122/04 4/30/04 5/14/04 NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS 4 Fa14#04 6123104 NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS EFFLUENT PERMIT LIMITS SAMPLING FREQUENCY DATE TIME UNITS /9/04 1030 MGA. 17104 1220 MG/L MG/L MONTHLY <0.0005 <0.0005 <0.0005 <0,0005 <0,0005 A A TCA TOLUE E ETHYLBENZ PCE TCE CHLOROFOI N1EK NE MOM CHROMIUM IRON NICKEL METHYLENE • MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY jtIt MONTHLY <0.0005 0.0005 0.0005 <0 0005 <0.0005 w 0 <fl.020 MONTHLY' <.100 2/MONTH <0.010 MONTHLY <0.0005 <0,0005 <0.0005 <0.0005 <0.0005 0.020 <0,0005 <0,0005 <0,0005 <0.0005 <0,0005 <0.0005 <0.0005 <0.0005 <0,0005 <0.0005 <0.0005 <0,0005 <0.0005 <0.0005 <0.0005 0.0005 <0.0005 <0.0005 NA <0.0005 <0 0+0 NMI <0 i <0,020 00 <0.020 0.207 <0.100 <0.100 " 0.184 <0..010 <0.010 <0.010 + <0.010 <0,00015 NA NA NA NA NA NA 0.000 NA 0.0005 NA NA <0.020 NA NA <0.100 j NA <0.010 <0.010 <0.010 <0.0005 `. 0 NA NA NA NA NA NA NA NA NA NA NA NA 0 020 NA 0 00 NA NA NA NA NA NA NA NA NA NA NA NA 000 0-020 NA NA NA NA w 000 000 00 <0.0 0 Page 1 Addendum to: Notice of Renewal Intent NPDES Permit NC0086002 Livingstone Coating Corporation Mecklenburg County INFLUENT DATE TIME 4 8122104 10 10A 10/20/04 11/1 /04 11124/04 UNITS 1,1 DCE 1,1 DCA 1,2 DCA Lt1 TCA XYLENES TOLUENE ETHYLBENZENE PCE TCE CHLOROFORM' MEK TRICHLOROFLUOROMETHANE VINYL C ORIDE NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS N NS N NS NS NS NS N NS N NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS NS N. NS NS NS EFFLUENT PERMIT SAMPLING LIMITS FREQUENCY ,DATE TIM UNITE 4 8J26104 011 iO4 0(22 04 200 104 6104 10120PO4 111101A4 111 4/ 200 1105 1025 1040 ,1,fi 1 CE MONTHLY 0.i100 NA <0,0005 NA <0.0005 NA <0,000 1 NA 0.NA 2 DCA MONTHLY <0 0005 NA <0.0005 NA <0.000E<0005 NA <0.0005 NA THLY 'u <0e0005 NA <0 0 0 NA XYLENES MONTHLY <0,000 NA <0,000B NA TOLUENE MONTHLY I <0,000a NA <0, 005 NA YLBENZENE MONTHLY 0S NA <0.0005 NA EMONTHLY 1<00005 NA <0,0005a NA TCE MONTHLY 1 NA NA NA NA CHLOROF R 1MONTHLYt1.i}005 NA <0.0005 NA <0,0005 NA <0.0005 NA NA NA NA NA NA ONTHLY MEK HRQMIUI±F MONTHLY 20 NA NA 0.020 NA .02 NA IRON MONTHLY T r 0 +0 0.0 05 NA <0,0005 NA 0.000 NA <I].0005 NA 0_C3fl05 NA <0.0005 NA 0.t100 NA <0.0005 NA O.0005 NA <0,0005 NA NA NA NA NA NICKEL 0,025 ORIDETHYLENE CH MONTH r 0 + w + 0 0 I MONTHLY + 00 0 M Page 2 ` * AlyTicAt O INC. RATOR o/Process Consultations' Chemical Analysh for Sel (A Dave G c Assat Volatile Org A Method 601 2 ATrichotott Vic halos Chloride' Tattackkoosk tee Ethylbenzene Toluene Total halitees br€ado rotrium, Total Iron, Total Mickel, Total Semple as#F Sample tine ale ga hilt- °uaa equested A tad Parent and Water Samples Identified as l*rigstone Coating collected 10 November 2004) Quandtation Effluent Outfall 00* SQL SQL: OSQL SQL 5 aQ 0 0005 SQL 0.0005 SQL 0 0005 SQL 0.020 0.100 0010 Outfa 1025 RESEARCH & ANAlyTicA( LAbORATOR1E5, INC. Analytical/Process Cansult bons Phone (91O) 996-2841 CHAIN OF CUSTODY H V.0 L4 I'd/ 14, 400g I NAEYTICAI AO TORIES INC. AncUrtCCi/PiOCeSS COniulfa Chemical Analysis Lot Seketed Parameters and Water S , pie Identified as Livingstone coatings (A Dave G4te & Assodates Project # 97-05, collected 24 ember 2004) lnergauiee Nickel, Total Quontitatiim Effluent Limit (n) 0 010 Sample Number Semple Date Semple Tim (bre) BQL = Wow Quentitation Limits milligrams pa Liter puts pu trallion (pm) Net Requested Not Avaflabk BQL 20658 1/2444 1040 RCk t ANAFTICA TORIES, INC. AnelyttiCel J Process ConsUtteti Phone (336) 996-2841 i�. TE"ERATURE AT RECEIPT CUSTODY RECORD December 27, 20 $ Addendum to: Notice of Renewal intent ES Perrnit C0086002 Livingstone Coating Corporation ecklenburg County The groundwater re - # iation activities as permifted under NP ES Permit 0086002 do not generate a sludge waste and therefore do not require a Sludge wage nt Plan. taLs g 04- Date L V NGSTONE COATING CORPORATION February 20, 2002 AJTERNATIVES TO SURFACE WATER DISCHARGE'. There are three practical routes for disposal of ground water pump and treat system effluent. These are: sanitary sewer system discharge; nfiltration; and surface water discharge. Sanitary Sewer System, Discharge No public sanitary sewer system exists at the site nor would Charlotte -Mecklenburg Utility Department allow such discharge if a sanitary sewer was available per their notification of 2/29/96. Therefore discharge to such a system is not an option. Re -infiltration Re -infiltration of the discharge would require the construction of an infiltration gallery or injection well. The Mecklenburg County Health Department and the NC DENR-DEH state that the soils on site are unsuitable for construction of additional_leach fields. for disposal of domestic sewage and therefore would never be able to accommodate the volume of flow generated by a ground water rerrtediation system. Surface Water Discharge Surface water on the site currently drains in a westerly direction through a sediment basin. to an unnamed tributary to Long Creek. This pathway provides a ready location for a surface water discharge. Surface water discharge is considered the only technically feasible discharge option. National Pollutant Discharge Elimin k»i System, Permit Applicator vctxber 22, 1996, awith minor modifiicatio SOC RI RIT ` PROJECT: Yes No If Yes, SOC No. To: Fermit nc Engineering Uni,°, Water Quality Section Attention.: Jeffrey T. yh °a Date: October 23, 1997 AUTHORIZATION CONSTRUCT NPDES '.IT REPORT AND RECOMMENDATIONS County: Mecklenburg lenburg Permit No. AC0086002 MRO No. 7-075 PART I - INFO " TION Facility and Address. Livings ne Coating Corpo ati n Post Office Box 668267 Charlotte, North CarolCarolina 28266 Date f On -Site Invest gation (if conducted) Last R on site investigation was performedon 03-0-7 by G. T. Chen. Repo Prepared By: G. T. Chen 4. Persons Contacted and Telephone Numboer: None (Dayid Gipe, 70 /5 1- 8 0) Verified Dischar e Point( Latitude: 35° 17''20U List for all discharge Point Longitudes 80° 58' 15"' Attach a U. . - . map extract and indicate treatmentfacility site and discharge point on map. USGS Quad. Nos F 15 SW USGS Quad Na' e: n siand Site size and expansion area consistent with application? ake Topography elationship to flood plain included): The facility will be located inside a buiidin The site is not in a flood plain Location of neare T i SCRIPT d.we ON OF D SC11 ing App oxi ately 450 feet . TRFATME WORKS Existing treatment facility What is the current permitted capacity of the fac 0.02 I6 MOD. lity? Date(s) and construction activities allwed by previous Authorizations to Construct is sued in the previous two () years: None. What is the actual treatment capacity of the current facility (design volume)? 0.0216 MOD Please provide a description of existingear substantially N/A. constructed wastewater treatment facilities: Plea provide a description of proposed. wastewater treatment facilities: The proposed groundwater remediation facility will consist of a recovery well, a 500 gallon equalization tank, a totalizing flow meter, a 4' x 6' diffused aeration tank with blower, a collection tank, and an activated carbon adsorption vessel; Residuals handling and utilization/disposal scheme: No solids disposal scheme is available at this time. The applicant needs to submit a solid waste management plan to DWQ for approval, if solids generation is expected. If residualsare being land applied, please specify DEM Permit No , : /A Residual Contractor:N/A Telephone No.: N/A. Residuals stabilization: RP: PEP.P /. Other : N/A. c Landfill:: /; d. Other diposal/utilization scheme (specify)N/A. Treatment plant clas i.fi.cation (attach completed rating sheet):: Class la see attached rating sheet. SIC Code( ): 3479 Wastewater Code (a) Primary: 66 Fecondar'1,,: Main Treatment *knit Code: 56 00 Aut. cri ati n ConConstruct Staff Repo Version 10/92 Page p taut SOC, JOC Compliance Schedue dates (P ae indicate) N/A. PART III -EVALUATION AND RECO MATIONS Pending review and approval by the SERG and the Groundwater Section, .f necessary, it is recommended that an Authorization to Construct e issued to the applicant as requested_ Sgnature Repor Preparer Ease Authorie o Caz atr t Reef Report Version IV9 Page RATING SCALE FOR CLASSIFICATION OF WATER POL ON CONTROL SYSTEMS Name of Facility: Owner or Contact Pe Mailing Address: County: 1q Present Classification: NPDES Per. No. NOW a 400 Rated by: Reviewed gsrba C et-4'n3, a &77 e)/ on: 14r. i t * /4M Telephone: (7 ) Z_ 3 New Facility_ L- Existing Facility Per. No.W© Health Dept.Per No. telephone: /•44s -/6,47 Dahl Health Dept. Telephone: ORC: Check CIa.SSlficatlon(rs): Wastewater Classification: -_--..._ 06111.111001,11101. Regional Office Central Office Grade: Spray Irrigation Ill iN Telephone: Telephone: Telephone: Land Application Total Points: SPRAY tt t3ATCCPI CLASZr1TCtil (check all wits that apply) 1. preliminary trMmmant (definition no. 32 ) 3 septic tanks 1� etatier finer: d, punnp lank' 6"_,ptRnps. semi !biers 7., grease trapAnla ceptor olhester separators disinfection ederrkicsl addition for rearierrcldgae Domed 1- worn irrigotion of wsstswstsr in addition to the sbors classifications, pretreatment •f wastewater in sttcsss of these components shall be rated using the pint rating system and will require an opsrstor with en appropriate dual certification. t At"PUCATfCN/RESrbuALS CLASSIFICATION (Apples only b porn* holder) .. Land appr+caticn d bioscdida, residuals or orntaysninited sob on a dealgnalsd ate. :t. Septic Tar+iuSard Fite to - . -� —' ' • and *act>rt n consisting ° ' d septic tame, dosing apparatus, pumpa.susrd Mork dlsHedlon 0. Lagoon 6tra ems cansledng ate, d Pniendrary trssdnaert, algae or nutrieri control, and died dectiogo; bacons, pimps,disirMec3leon, necessary chsmiosf trseeners far f_ .,.,.,Cl red-ic+ap Illiscycle S AI lf, emundwaiw Fiamectladbn sfty7lens c nsdelknp only of cannier separators. and &wattl; Aquacul71. w Plant with h discharge to surface wd ale sludge handLng and back -wash water bailment: Seafood processing ocrais.i4tg d screening and dispersal. Single -ferny discharging systems, with the exception d Aercbfc Treatment lints. sell be dueled If permtted Minor July 1. 1903 or f upon Fnpe cticn, by the Division, t is found that the system Is not being sdequa:efy cceratsd or maintained S systems will be notified of the classification or rectaserication by the Cammirelon, in writing. WA S TEWAT R 1 ATfrf@IT FAC3.frrCLASSFCMIZN Ttrs fo:awdng rodents that be assigned a Chas f do ard:Lon, complex. 'b require cons.radion by the Commission on a-brotee •. 1 Cttlwser Separate% Systeme consisting only d physic"' empanel tripping, carbon adsorption, disinfection 35° 1 Ao s,S\ Mapped. edited, and published by the Geological Survey -State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A./preston Hp,ward, Jr., RE., Director 3 [s, rvvi) (C' MR. J. SCOTT MONCRIEF LIVINGSrfONE COATINGS CORPORATION PO BOX 668267 CHARLOTTE, NORTH CAROLINA 28266 DearMR, MONCRIEE September 9, 1997 alg.41711NI Subject: Application No. AC0086002 wwrF Authorization To Construct Mecklenburg County The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials on September 2, 1997. This application has been assigned the number listed above. Your project has been assigned to Jeff Myhra for a detailed engineering review. Should there be any questions concerning your project, the reviewer will contact you with a request for additional information. Be aware that the Division's regional office, copied below, :must provide recommendations for this project prior to final action by the Division.. 1f you have any questions: please contact Jeff Myhra at (919) 733-5083 extension PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. cc: Sncere v, Davfd: A. Joodrich Supervisor, NPDES Group :Mooresville Regional Office Delta 'Environmental Consultants PoUrrtion Prevention Pays P.O. I:30x 29535, Raleigh, North Carolina '27626-05135 TelephDnc 9.19-733-5M An Equal Opportun4 Affirmative Action Employer De t Envoronmenfat Consultants, Inc. August 27, 1997 State of North Carolina Department of Enviroru»ent, Iicalth and Natural Resources Division of Water Quality P. O. Box 29535 Raleigh, North Carolina 27626-0535 Attention: tcffre yhra E.I.T. Er onmental Engineer NPDES Group Subject: equest for Authorization to Construct NNPDES Permit No, NCOO86002 Livingstone Coating Corporation Mecklenburg County Delta. Project No. E094-01.1-1 Dear Mr_ Mvhra. 6701 Car r el Road Suite 200 Charlotte NC 28226-3 ?01 7N/54 i -9890 FAX 704/54 3 40ti35 eiTE SEP 0 2 1997 POINT SOURCE BRANCH As requested, t am forwarding to you a request for Authorization to Construct (A to C) a ground water remediation system for Livingstone Coating Corporation (Livingstone). The attached package includes plans and specifications for the construction of the system sitmed and scaled by a North Carolina PE, a site plan indicating the location of the system flow path, and the A to C fee of $150. Please let meknow if you need any further information concerning the A to C for Livingstone. if you have any questions regarding this information, please call me at (704) 541-9890. Sincerely DELI ENVIRONMENTAL CONSULTANTS, INC.. David W. Gipe, P.E. Project Manager /mew attachments cc: Mr. J. Scott Moncr ef Livingstone Coa n Corporation ArPP A NEA:. EACH D DO C SANKI PEOPE SO OUN AFE: FENCE WATER SUGGSUNDERGROUND STORAGE TANI FROM SUPPLY WELL 2' PVC DAT #1 DIFFUSED AERATION TANK SAMPLE PORT (mp) - \ 500 GAL. EQUALIZATION TAN K TRANSFER TANK & PUMP NOTES: EQUAL 2ATJON TANK & DAT TANK VENTED TO ATMOSPHERE OUTSIDE BUILDING 2. CONTROL PANEL MOUNTED ON CONCRETE BLOCK WALL 9" X 12' CONCRETE CURB PVC (TIP) DAT #2 (FUTURE) 2" PVC (TYP GX-200W CARBON TAN K 8" CONCRETE BLOCK WALL (TYP) CONTROL PANEL 2" PVC DISCHARGE LINE G It 8 Environmental Consultants, Inc. Charlotte, North Carolina IVING'STONE COATING CORP. CHARLOTTE, NC REMEDIATION SYSTEM LAYOUT ALE AS SHOWN — R,SL LIVINGSTONE COATING CORPORATION GROUND WATER REMEDIATION SYSTEM SPECIFICATIONS DELTA PROJECT NO, E094-011-1.0040 TREATMENT SYSTEM COMPONENTS 1. 1-500 gallon polypropylene tank with 18" top manway; 2" top inlet; 4" outlet at depth of 48", 2. 1-72" X 48" X 24" polypropylene diffused aeration tank with cover; 4" bulkhead fitting inlet at invert depth of 20"; 4" bulkhead fitting outlet at invert depth of 18"; 6" vent outlet to atmosphere. 3. 1-5 hp 3 phase, 240 VAC pressure blower; 600 cfm at 18" swd; American Fan Model AF-15-1121-8 with TEFC motor or equal. 4, 1- Rubbermaid Transfer Tank 5. 2-GX-200W Activated Carbon Vessels by Enviro-lndustries, Inc, or equal. 6. 1- 1/2 hp, single phase, 115 VAC transfer pump. 7, All PVC piping and fittings shall be Schedule 40 ELECTRICAL AND CONTROL SYSTEM 1. All electrical wiring and equipment shall meet all local and national electrical codes and be installed by a licensed electrical contractor. 2. The inlet to the equalization tank shall include a 2", N,O. 115 VAC solenoid valve to stop flow to the system in the event of a system malfiniction, 3. The equalization tank shall be equipped with a high level float which will activate a solcnoid valve to stop flow should the tank reach a high level for any reason. 4. The diffused aeration tank shall be equipped with a high level float and a low air pressure switch. The high level float will close the solenoid valve to the equalization tank to relieve the high level condition. The low air pressure switch will also close the solenoid valve to the equalization tank to stop flow to the system in the case of insufficient aeration pressure which could result in poor treatment. 5. The transfer tank will be equipped with a high level float. The high level float will close the solenoid valve to the equalization tank to relieve the high level condition. 6, A high level float will be installed within the curbed containment area of the remediation system to detect water in the area which may indicate a pipe or tankieak. This float will stop all flow to the system. 7. The control panel will be constructed so as to provide sufficient space within the panel for the addition of another pressure blower, high water and low pressure alarms for a second aeration tank , alarms for a second transfer tank and power for a second transfer pump. 8. All alarm conditions will require a manual reset to resume operation. SOC PRIORITY PROJECT: Yes No X To: Permits and Engineering Unit Water Quality Section Attention: Jeffrey T. Myhra Date: February 5, 1997 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0086002 MRO No. 97-006 PART I - GENERAL INFORMATION Facility and Address: Livingstone Coating Corporation Post Office Box 668267 Charlotte, North Carolina 28266 2. Date of Investigation: 02-04-97 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: Mr. David W. Gipe, P.E., Delta Environmental Consultants, Inc., (704) 541-9890. 5. Directions to Site: From the junction of Highway 27 and Mount Holly-Huntersville Road (SR 1666) in west Mecklenburg County, travel east on Highway 27 approximately 1.2 miles to the junction with Rhyne Road (SR 1609). Turn right (south) onto SR 1609 and proceed approximately 0.15 mile. Livingstone Coating Corporation is located on the right (west) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 35° 17' 20" Longitude: 80° 58' 16" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: F 15 SW USGS Quad Name: Mtn Island Lake 7. Site, size and expansion are consistent with application? Yes. 8. Topography (relationship to flood plain included): The facility will be located inside a building. The site is not in a flood plain. 9. Location of nearest dwelling: Approximately 450 feet. 10. Receiving stream or affected surface waters: UT to Long Creek a. Classification: WS-IV b. River Basin and Subbasin No.: Catawba and 03-08-34 c. Describe receiving stream features and pertinent downstream uses: Treated groundwater will be discharged to a drainage swale in a wooded area. The drainage swale is the head waters area of an unnamed tributary to Long Creek. Since the drainage area is largely owned by a single private individual, Mr. J. Scott Moncrief, Manager of Engineering, Research & Development, Livingstone Coating Corporation, was advised to obtain permission from the property owner prior to discharging treated groundwater. Downstream users are not known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.0216 MGD b. What is the current permitted capacity of the wastewater treatment facility? N/A. Proposed discharge. c. Actual treatment capacity of the current facility (current design capacity)? N/A. Proposed facility. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: N/A. Proposed facility. Please provide a description of proposed wastewater treatment facilities: The proposed groundwater remediation facility will consist of a recovery well, a 500 gallon equalization tank, a totalizing flow meter., a 4' x 6' diffused aeration tank with blower, a collection tank, and an activated carbon adsorption vessel. Possible toxic impacts to surface waters: Discharges of this nature have been found to exhibit toxicity. h. Pretreatment Program (POTWs only): N/A. 2. Residuals handling and utilization/disposal scheme: No solids disposal scheme is available at this time. The applicant needs to submit a solids waste management plan to DWQ for approval, if solids generation is expected. NPDES Permit Staff Report Version 10/92 Page 2 a.. If residuals are being land applied, please specify DEM Permit No.: N/A. Residuals Contractor: N/A. Telephone No.: N/A. b. Residuals Stabilization: PSRP: N/A. RFRP: N/A. Other: N/A. c, Landfill: N/A. d. Other disposal/utilization scheme (specify): N/A. 3. Treatment plant classification (attach completed rating sheet): Class I, see attached rating sheet. 4. SIC Code(s): 3479 Wastewater Code(s): Primary: 66 Secondary: Main Treatment Unit Code: 56000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No. 2. Special monitoring or limitations (including toxicity) requests: A toxic limit and/or monitoring may be necessary due to the toxic nature of similar discharges. 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A. 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Insufficient suitable land area avaiiable for a spray irrigation system. Connection to Regional Sewer System: No area -wide sewer system available. Subsurface: Site soil is not suitable for a subsurface disposal system. Other Disposal Options: Not evaluated. NPDES Permit Staff Report Version 10/92 Page 3 5. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? The proposed treatment facility is to remediate groundwater that has been contaminated with chlorinated organic solvents. Contaminated groundwater will be recovered and treated via the proposed facility prior to discharging to a drainage swale which is the head -waters area to an unnamed tributary to Long Creek. No hazardous materials will be stored and./or used at this facility. Impacts, if any, on the environment should be minimal. 6. Other Special Items: None. PART IV - EVALUATION AND RECOMMENDATIONS Livingstone Coating Corporation, requests an NPDES Discharge Permit for the operation and discharge of treated groundwater from a proposed groundwater remediation facility at 240 Rhyne Road at NC Highway 27-W in west Mecklenburg County. The groundwater has been contaminated with chlorinated organic solvents. Recovered groundwater will be treated via the proposed remediation facility prior to discharging into a drainage swale that enters an unnamed tributary to Long Creek. Since similar discharges have been found to be toxic, a toxicity limit and/or monitoring may be necessary. Pending final review and approval by the SERG, and review by the Mecklenburg County Department of Environmental Protection (MCDEP) for possible air emissions, it is recommended that an NPDES Discharge Permit be issued to the applicant as requested. Signa Report Preparer Water Quality Rg.ional Supervisor Date NPS Permit Staff Report Version 10/2 Page 4 aypJaii u,risxs rcli p sul P IoA raodtp put sutmaps P &inn= aultssocud poopres :iu.u0ssq *Me yss*-apsq pus ttujPus,i 115pnis Su% *PM lama re ins og amps, sups 'Jaw d° asnanownbv pus "woo P tiuo &opium suuatu9 udursduaali ssis/Mpaso 4 :sass*+*P ps i. `iorycxs "Amu 10 we* I a � taalu O ac»�r ' fi .lutalp " `surwoltst 's�i +sLatusussaud p Apo erupats mwape l wooers :sdk a{PsP pup pus uoln.FR*P 's-i i puss`sdusd 'snPusdds burs* °m a) Midis p loci a lu sw.isllS s.slld PusSAPNI otsds 9 lur odup pus Wand 'uotlai dst leeakid P kuo eurnpluce sw.isis ,olusdss ssowsp (.Mn+dorddy j >R.ya) 'tom area rasa . uo ub"sr°u+u+c'o ayihq uolpas.Ptsuao agnbar as 'wince Ayensnun al Laslosgsq sys soittluenb PARMA. s P a!issli ail 1M= 'uoNloIIvooP I aaep s P.uf sss .q su+aisAs euts0101 sql 'c 'uoI ua li4sa IMnp Ilays sivauodusoa KOLJ.VOLASSYX) J.U'f Irar"LLY3kil V3LYMILSYM p.Pu8tssp r us egos p.pnwsiusu ,rr sAnP!su 'splioso!q po uPgr:edds Purl (Agog "wad of Ave ..ic ) NCXYOUISSIrr ) SiVrIQIS3>WUNC)LLnf'idere ONY1 sdds us tow Jois:ado us "Jtnbe/ tits sus wands Buns/ sutod •sit io somas ui tstsusiss*r so susws'sssssd 'suoissaigpssia wogs so NIMIA111131111Al p uctsw6u4 Aside pmuoa ssetsyiusuirw soi us9IPps Iao'}u+IIP uolsrs.P sip wowed", ii io 1J.1I puss sdurxi 'WM durad saiusi 000212 suoollsii' ( zc et: uo j.p) u2 � s Vidassyi silux+ Ns sps4s) NOLWaitSSY10 NCLOODWII �lv'tid8 oI "6 1 ti s 1• t5ussn semi sq at v©lilpps ut :wooden pus wumP s4 sosynagns .+nsaard 'I"P pus lu.wwsri "ayes,'" Asp i 8 s orusd.s sole pidealesusedeJs osstslli sugii puss suarsen essisop-dwnd so uoydis saiswt &ind Z sntusi oitdas"" (Ards tita 14PSI IP ) NaLLValdeSSYC 3JVtS TIC7t1YYJ t► aril tqa.ILVa.411:Lli A1JAVIM [isfi :stulod )etO j uogealldd' pun :euogdele j :euoydele j :euogdelej :eu°ydelel 1‘011Y7L SSY ' d0 3 Al tll uollt61JJl AridS :epeJo e01u0 leJlue'J eau) leuolflew idea Reef{ le© a l/- c'� :euoydelel '°N JedldeQ#t''el# bM`°N `Jed 'aslpuoN A4Ipae4 MeN :euoL(dele j l0 ()PA n"lnS INEW ' 3i.3dM alriaCISPC6 :uvlleaUlsselO JeisiMeISE :(s)uoi eOijtssela re43 :3Ida lipped Ougslx3 SW3ISAS 0 :Aq psMssAed :Aq Wed Zvi ` 003N "ON 'Jed S3OdN e9 rCu`f"IV- NO3 N©LL.fl lOd a31YM d© NOU.V3 :uollearjrssel3 lueseJ,d %"e/--)00A11 :A4uno3 0 d :SseJppY dull M :uasJed laetu©3 J© JOUP6i0 :411018d to eLueN SSY13 SOA 31YOS ON The following scale is used for rating wastewater treatment facilities: (circle appropriate p (2 (3) ITEu Me:kro i Pronoorrrnt tJMs or rnau.atal Pi ft Emers Program Owe definition ef i n No. sludge p- DESIGN FLOW OF PLANT IN gpd (not appwr. r facilities for wow purification plants. Wally dosed eycis aysoorrrs(see definition No. 11). and ladles* corasteg only of tern (4Xd) or Marrs (4)(d) and (11)(0)) 0 - 20,000..........-.—........_._ —.- 50.001 - 100,000.. ._ _..— — 100,001 • 2150,000,.... -„ 250.001 2,000.001 (and{�4) rats 1 point addtbnal to each 200.000 Spud r•'?acity up er a inaaMnum of .__.70 PRISJIMP4AF�risWP CESSES ibis d/araion Nkh.32) (a) ilirSo.ata._ __ , «. _ _ _ ..__ _ .__. _ __ .1 or (b) ► echanical Screens. Static Sonora o C.arrhmanlnq f2evksst .....2 (c) Fire hereon t . _. . _ ........ ....... _,p ».. _......,,...,....1 • or (d) 1Arctonicai or Aerated Fire Rernoraf ,.. _.... (a) Flew Wassustrg Dodo 2 l strurnaried Row fMwrt+nmant... _ ___.,, .. _ ... _. _ _....2 ....2 fMrrart Flow Equsitxation....---..._. Gr ass et 00 Saparatrxs GrtMy...-.- ©Waived Air Potation -----_--- (1) larsctrtartnatitrn. _ __ (4) INSAARYTREATIMENr It FSIFnF47:c 9 (a) Septic Tank (see definition No. 43) (b) Woe Tank. (c) Primary Ctarllara . _..._._ » .... ^ (d) Ponds or Sewing Tan on for Inorganic Non -tole le k at.rlak (aludpe handling failebe cto► water pur*ication plant sand, gravel. atom, and other mining operations r» except creational activates such as or pg.okf miring). _ ..__ .._ . (5) 8€ lTi -rhoI tr (a) C rboraarsous Sues (1) Aeration -high, Purify Omen System.. lbcharical AM System (fixed, floating o rotor) 2.p*nte Sludge Reaaratt n._............._.__._....... (p) High Tricking Flier .T High Roc . ,_ _ ,. .... ... ...... _5 Flicked Tower...,. .5 (R) geological Aerated Fier or Aerated Bbbgloal Fier f ...10 (PO Aerated Laesons . (v) ibtsdrr� Siobglcal Ccwhtarnant,. (vi) Sand Filar* •hyarnittwt biologlcaL. Raclroulating biological ( ) Singes stage syat n lnr t;;Wod carbonaceous rtennorai of SOD and nitrogenous rarrwv;1 by (tr) terfieation (sae definition . No. 12)(Poitts lot cis tern hays togs in addition 1a clams (S)(a)(I) through (S)(a)(vi[i),. wilting the emended aeration pnocwaas (see dsftrit en No.7a) stilling other than the asnanded aeration proesea (x) Nkrtrient adcltiont so eni'tancs BCD rernaovaY_.r---_......,_,.,.,_...._ xis Biological Cullum (*Super Sugs')tdc#itlon. �.._..... ,. _. (1) *oration • Nlgh PNurUy Oxygen 'yearn l ruaad Air Smarm -- Mechanical Air System (1hsad, floating or Moll_ 1lsywrsie Sludge Reiteration. (N) Trickling Fltter•hsgh Rom. Standard Raw.. •. . Packed Tower . Biologics/ Aerated Fir or _10 (Iv) ilkotazing Bblogicai Contactors..„ _ .. ......_.._ .- -.. 10 (v) Sand Flier • kiamhetws biological .. . _ .. Rectortating biological (vf) Clhrslur... , .. _ ._ CtR AIN� wan LKF� Soda • carton r.gaenorasMs--_ rwgensrsilpn. w ._...... xbawd Food- rbon nsgersrttion.._.�...._...._-- -2 ...5 —_3 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 16, 1997 . J. Scott Moncrief Manager - Environmental Research and Development Livingstone Coating Corporation Post Office Box 668267 Charlotte, North Carolina 28266 Subject: Receipt of Application I Request for additional information Permit No. NC0086002 Livingstone Coating Corporation Mecklenburg County Dear Mr. Moncrief: The Division of Water Quality has performed a preliminary review of the Notice of Intent submitted for the Livingstone Coating Corporation facility. For the following reasons, the review could not be completed: • The Permittee is required to supply specific information regarding the proposed treatment components: • Diffused aeration tank (manufacturer, model number, and manufacturer specified removal efficiencies for the identified pollutants of concern); Carbon adsorption Unit(s) (manufacturer, model number, number of carbon units and the total weight of carbon (in pounds) per canister). • Specifications and design calculations for each treatment component must be provided for review, This information must be signed and sealed by a North Carolina professional engineer. • The Permittee is required to submit a process flow diagram that is signed and sealed by a North Carolina professional engineer to detail the treatment system operation. • Please specify the exact location of the Livingstone supply well on Figure 3. In addition, please specify the exact location of the proposed treatment system on the site property (identify its location in relation to the proposed discharge path on Figure 2 under the category "Site map showing discharge pathway." The information detailed above should be submitted to the Division no later than February 3, 1997. If the necessary information has not been received by that date, the application and all pertinent documents wilt be returned to you as incomplete. P.J. Box 29535,, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC 86002; Livingstone Coating Page 2 of 2 Please be advised that the Division trust an authorization to construct permit, ceive additional $150.00 prior to processing By copy of this letter, 1 am requesting that our Monesville Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. Your will be advised of any comments, recommendations, questions, or other information necessary for the application review, As a final note, the Division ommends that the subject facility consider implementing a filtration system as part of the re mediation process to filter out high concentrations of iron and manganese in die groundwater. These groundwater constituents often blind carbon systesystems d impair a eat efficiency. If you have any questions, please contact me at telephone number 919) 733-5083, extension 597. ey "I'.IVly a Environmental En NPDES Group Central Files Permits and Engineering Jeff Myhra David +fie, P.E. Delta Environmental Consultants, Inc. 701 C, . el Road Suite 200 Charlotte, NC 2 22 - 901 Environment, Consultants, lr�o November 22, 1996 State of North Carolina Department of Environment, Health & Natural Resources Division of Water Quality Permits and Engineering Section P 0 Box 29535 Raleigh, North Carolina 27626-0535 Attention: Mr. Dave Goodrich NPDES Section Supervisor Subject: National Pollutant Discharge Elimination System Permit Application Livingstone Coating Corporation Groundwater Incident No. 6105 Mecklenburg County, North Carolina Delta Project No. E094-011 Dear Mr.. Goodrich: Delta Environmental Consultants, Inc. Discharge Elimination System Permit Ap the attached appropriate permi 6701 Carmel Roam Su4e 200 Char -Ina, NC 28226-3901 704 541-9890 FAX 704'543-4035 2' 7 y submitting the National Pollutant _ ve referenced facility. Please find If you have any questions, please contact me at 704-541-9890. Sincerely, DELTA ENVIRONM David W„ Gipe, Project Manager CON DWGlrncw enclosure cc: Mr. Scott Moncrief, Livingstone T a ng ire. 'rot t r~,7: a :7rnp Edge NA NAL. POLLUTANT , ISM AR ELIMINATION SY PERMIT APPLICATION LIVINGSTONE COATING CO RATION CHARLOTTE, NORTH C OLINA DELTA PROJECT NO. N I.I. OF O E S Application Fora Alternatives to Surface Water Discharge Engineer neer Proposal Detailing the l em d mtioi Project Analytical Data Removal Efficiencies DS S Topographical Map Showing Discharge Points Site Map Previottsly sub tiled reports: Report of Preliminary Environmental Site Assessment by Law Engineering, Inc. dated 1 /15/88. Deport of Preliminary Site Coat niation Assessment by Law Engineering, Inc, dated 1/ /8 . Report of Soil and Tank Content Sampling Chemical Analysis by Law Engineering, Inc. dated ,/ 8/8 , Report of Contamination Assessment by Law n,gineering, Inc. dated 5/10/ 1.. Interim Comprehensive Site Assessment by Delta Environmental dated 11 /8/ 4. Comprehensive Site Assessment Addendum by Delta Environmental dated 4/ 8/ 5. Comprehensive Site Assessment by Delta Environmental dated 1 l/ / S Corrective Action Plan by Delta Enviromnental dated /14/ t . ,WPLICNI"ION FO TI ►NAL POLLt1 T►IS GE ELIMINA ON SY LIVING 'COA G CO ON NOR A DELTA PROJECT NO. 09441 application' was prepared by Delta Environmental Consultants, Inc. 6701 Camel Road, Suite 200 Charlotte, North Carolina November 1996 North Carolina Dept. of Environment, Health, and Natural Resources Division of Environmental Management, P.O. Box 29535, Raleigh, NC 27626-0535 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT DISCHARGE SHORT FORM C-GW To be filed by persons engaged in groundwater remediation projects. CATION UMBER ({ Recervea M USE ONLY) Do not attempt to complete this form before reading accompanying Instructions. (Please print or type) 1 Name, address, location, and telephone number of facility producing discharge A. Name Livingbtone Coat ing Corporation B. Mailing address 1. Street address 2. City Charlotte ZIP 28266 C. Location: 1. Street 240 P 0 Box 668267 Road at NC 27-W State NC 2. City Ghr`&rlotre.__ 3.5tate NC 4. Count D. Telephone No. (714)- 92 232 E, Nature of business a variety or par owder coatings to a 2. Facility contact A, Name J. Sett Moncr B. Title Manager of Engineering, Research & C Telephone No. (704392-232 bevel©ent 3. The application 15 for ® a new permit, Q,permit renewal, Operrnit rnodlflcattr n. sic {324+ (1f known), If application 1s for renewal ormodtficatlon, please tndtCate pe number: NC©° 4, Product(s) recovered -DCE and 1 ,I -TCA [Diesel fuel, leaded or unleaded fuel, solvents, etc.] This application must also include the following: A) A report of alternatives to surface water discharge as outlined by N.C. Permit and Engineering Unit's 'Guidance for Evaluation of wastewater Disposal alternatives," [Required by 15A NCAC 2H .0105 (c)]. 8) An engineering proposal detailing the remediatton project. (Requireds by 15A NCAC 2H .0105 (c)). C) A listing of any chemicals found in detectable amounts with the maximum observed concentration reported. The summary of analytical results containing this maximum value should also be submitted (i.e. the listing, not the graphical scan), The most recent sample must be no older than one year previous to the date of this application. For fuel remediatlon projects, volatile organic compounds should be scanned along with ant suspected fuel additives, The roilowing compounds should be included: benzene*, toluene*, ' ethylbenzene*, xylene0, lead , methyl tert-butyletner (MTBE), dtbromoethane (EQB), 1,2-dichloroethane, isopropyl ether, naphthalene, phenol. *An EPA approved method capable of detection levels to 1 ppb Should be used to detect these CpmpoUnds 'd 2.Z:0t 6,, 5T dos For solvents or unidentified products, an EPA Method 624/625 analysis should be provided, with the 10 largest peaks, not identified as one of the targeted compounds and not present in the procedural blank, identified and approximately quantitated. tAs per the same guidance stipulated on NCDEM's `Annual Pollutant Analysis Monitoring (APAt'1) Requirement - Reporting Form A,' Revised June 19901. If metals or pesticides are suspected to be present, these Should be analyzed to the same detection level as presented in the NC APAM. D) The removal efficiency of each compound detected for the proposed project should be provided, If known. 5. Name of receiving water unnamed tributary to Long Creek Attach a USGS topographical map with all discharge points clearly marked. 6, Is potential discharge directly to the receiving water? If not, state Nn -- surface .drainage swaie on west side of sere Mark clearly the pathway to the potential receiving water on the site map. [1 h1s 1nCtu the pathway of the storm sewer to its discharge point, if a storm sewer is the only viable means of discharge.) 7. Amount of treated groundwater to be discharged in gallons per operating day: 21,&00 Rod Describe the dr ratIon and frequency of the discharge (continuous, intermittent, seasonal) Including the months of discharge, number of days per week of discharge, volume treated (monthly average flow In gallons per day). year round - continuous monthly average iiow = 648,000 gall ons I certlly that I am familiar with the lnformation contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. PRINTED Name of Person Signing Title Manager -Engineering Research & Development Date Application Signed _North Carolina Genera) Statute 143-215.6 (b) ( ) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan or other document files or required to be maintained under Article 21 or regulations or the Environmental Management Commission Implementing that Article, or who falsifies„ tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed S 10,000„ or by imprison- ment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than S 10,000 or imprisonment not more than 5 years, or both, for a similar offense.) ©'d 8Z:0l 96. SI dos 0 e3 3,-1I(S3dl l4 I� Short Form C-GW Instructions Completing This Form Please type or print If you print, please pant legibly. Ail items on the form must be answered. Incompleteness of the loan may result in the return of the application. This form may be 64Abrnitied for groundwater rerrtedlatian projects only. This form is designed to provide information for one outtall only. Additional copies of this form must be completed for additional outfalls. NPDES Application Number For new application for a permit, the Division of Environmental Management will assign an application number, If the application is for a renewal or modification of an existing permit, the applicant should indicate the permit number on an appropriate cover letter. DEM will fill out the NPDES number and date received on the application. Item 1 Enler the applicant's official or legal name `tn North Carolina as registered with the Secretary of State. Do not use a colloquial name. Enter the applicant's mailing address consisting of the street or post office box address and the city, stale and zip code. The location must be specified by naming the street, road, highway, etc., the nearby town, city or community, its zip code, and the county. Item 2 Give the name, title, and telephone number of a person who is thoroughly tarniliar with the operation of the facility and with the facts reponod in this application and who can be contacted by the reviewing offices if necessary. item 3 Indicate the reason for the submittal of the application. If known, include the SIC of the lacility. Item 4 List the product(s) to be recovered or removed In the remediation project (i.e. leaded gasoline, lust 0ii solvents, etc.). Items 4 A) - 4 0) should be included in an engineering report submitted by the facility or its consulting fin't item 5 Enter the name of the receiving water if the discharge is directty to a surface water, Include a USCiS topographical map (photocopy) of pertinent area with the discharge point clearly marked. Please indicate the name of the rnap used. Item 6 If the discharge is not directly to a surface water, enter the point of discharge (i.a. wet weather ditch to an unnamed tributary of Panther Creek, etc.). Include a USGS topographical map wilh the discharge pathway clearly marked, Item 7 Enter the maximum design flow capacity expected to be discharged In gallons per operating day. (tern 6 Describe the discharge completely. If the discharge Ls Intermittent or seasonal„ list the months of discharge and the number of days per week of discharge. If the discharge will be continuous,. list "year round - continuous.' Enter the monthly average flow in gallons per day. b©' ALTERNATIVESt FA E WATI GARDE There are t r practical routes for disposal of ground water pump and treat syste sanitary sewer system discharge„ reintiltration; and surface water discharge. effluent. e; No publac sanitary sewer system exists at the site nor would CMUD allow such discharge if a sanitary sewer was available per their notification of / / . Therefore discharge to such a system is not an option. Reintiltration of the discharge would require the construction of an infiltration gallery or injection well, The Mecklenburg County Health Department and the NCDEHNR-DEH state that the soils on site are unsuitable for construction of additional leach fields for disposal of domestic sewage and therefore would never be able to accommodate the volume of flow generated by a ground water remediation system. Surface water on the site currently drains in a westerly direction through a sediment basin to an unnamed tributary to Long Creels This pathway provides a ready location for a surface water discharge. Surface water discharge is considered the only technically feasible discharge option. Engineer Proposal Detailing the Remediation Project 1.0 General Description of System The ground water remediation technology scheme proposed for implementation at this site is a three step process: 1) flow equalization 2) air stripping through a diffused aeration tank to remove the dissolved chlorinated compounds; and 3) activated carbon adsorption as a final polishing step before discharge to an unnamed tributary to Long Creek, When compared to other treatment options outlined in this report, a system design including air stripping via diffused aeration and activated carbon adsorption is the most reliable, field -proven and cost-effective alternative. 2,0 Conceptual Design 2 1 GroundWaterJR The proposed ground water recovery system for the site consists of one recovery well (the Livingstone supply well), which is expected to contain the contaminant plume and facilitate the removal of contaminated ground water. The location of the recovery well is shown on Figure 3. The ground water recovery system will operate using the existing total fluids electric submersible pump installed in the recovery well. The pumping rate will be set to create a zone of drawdown, or a capture zone, around the recovery well. This drawdown will induce contaminated ground water to flow toward the recovery well, and thus be captured. The operation of the total fluids pump will be controlled by a pressure switch located on the influent line in order to facilitate the efficient removal of contaminated ground water, An initial flow rate of 15 gallons per minute (gpm) has been assumed for the recovery well based on maximum sustainable flow determined during a recent pump step test. A design flow rate of 15 gpm was used to calculate equipment sizes. Should additional recovery wells be required at a later date, or if the required ground water recovery rate is greater than anticipated, the system can easily be modified to treat the increased flow rate. Design calculations are based on field data from the pump test. Engineer Proposal Detailing the Remo:1'1;16°n Project page 2 2.2 Ground Water, Treatment System The rernediation system consists of the following: • a 500 gallon polyethylene equalization tank; • a 4' x 6' diffused aeration tank with blower; and, • activated carbon adsorption A 500 gallon equalization tank will provide flow equalization for the remediation system. The equalization tank will be equipped with a tank -full probe/float system, which will prevent overfilling of the tank. A totalizing flow meter installed at the intake of the equalization tank will continuously record the amount of ground water that has been transferred from the recovery well into the treatment system. Effluent from the equalization tank will drain via gravity into a channeled diffused aeration tank. This tank will be four feet wide by six feet long by two feet deep. The aeration tank is divided into six sections by five baffles. The baffles are used to increase the detention time in the tank, which increases the VOC removal efficiency. The diffused aeration tank functions by volatilizing the organic compounds and thus "stripping" them from the water. The diffused aeration tank will contain an emergency high level float which will close a solenoid valve in the influent line in the event that the water level rises above a determined high level. This will prevent overfilling the diffused aeration tank. A pressure blower will introduce air into the aeration tank through six perforated PVC pipes installed one inch above the bottom of the aeration tank. The pressure blower will force approximately SOO cubic feet per minute (CEA) of air through the perforated pipes, aerating the water. The diffused aeration tank and pressure blower design calculations are located at the end of this report. The blower will be equipped with a pressure switch that will close a solenoid valve in the influent line in the event that the air pressure decreases. This prevents the accidental discharge of untreated water in the event of blower failure. A sample port will be installed in the influent line to the equalization tank to provide data to measure the effectiveness of the air stripping process and monitor the influent ground water concentrations. Engineer Proposal Detailing the Remmliation Project Page 3 The detention time for water flowing through the aeration tank is approximately 16 minutes for the estimated average ground water flow rate of 15 gpm and an assumed water depth in the aeration tank of eighteen inches (18"). The groundwater will flow from the diffused aeration tank into a collection tank. The groundwater will then be pumped from the collection tank through an activated carbon adsorption vessel. Activated carbon adsorption provides a final polishing step, before the treated groundwater is discharged. Sample ports will be installed before and after the carbon adsorption unit to monitor the treatment efficiency of the adsorption system. As the activated carbon adsorbs the organics from the waste stream, the carbon eventually becomes saturated and the exhausted carbon must be regenerated or replaced. After carbon adsorption, the treated effluent will then be discharged into an unnamed tributary to Long Creek. 2.3 Effluent Disposal Effluent will be discharged along with site storm water to an unnamed tributary of Long Creek. Surface water discharge is considered the only technically feasible alternative for effluent disposal. 2.4 Air Emissions Air emissions from the ground water treatment system will be below allowable thresholds (Table 5). Mecklenburg County Department of Environmental Protection will be notified of the treatment system emissions. 3.0 Basis for Selection of Recommended Remediation The basis for selection of ground water recovery over in -situ treatment is the need to contain the contaminant plume. In -situ methods for ground water treatment, such as air sparging, can cause migration of contaminants. This could result in movement of the contaminant plume towards surrounding supply wells. 3.1 Aquifer Test Result.s. A variable rate pumping test was conducted on May 29, 1996, using the supply well at the Livingstone facility. The aquifer test was conducted during regular shift work at the facility and water usage for the plant was not interrupted. Because water was available for production purposes throughout the test, strict Engineer Proposal Detailing the Remediatkm Project page 4 control of the pumping rate was not possible, as in a conventional steptest. The flow during the five -hour test was metered to determine the average flow for each interval. Supply well records indicate that the well is approximately 300 feet deep and the pump is set approximately 200 feet below ground surface. The well is cased to 50 feet below ground surface with an open six-inch borehole to the total depth. Plant records indicate that approximately 1500 to 2000 gallons of water are pumped from the well on an average day (one to one and one-half gallons per minute). Water usage is for general cleaning, toilets and limited processing. The supply well is not used for potable water. The objectives of the aquifer test were to gauge potential yield from the Livingstone supply well; evaluate drawdown within the supply well; evaluate influence of supply well pumping on surrounding bedrock monitoring wells; and to determine if supply well pumping for remediation purposes could be conducted without interfering with the facility's production schedule. A pressure transducer was placed in the supply well at approximately 75 feet below ground surface. The depth to water in the supply well at the beginning of the test was approximately 25 feet below ground surface. Water levels were measured in the surrounding bedrock monitoring wells (MW-6, MW-12, MW-13, MW-14 and MW-15) using electronic water level indicators. Water levels were measured in the bedrock monitoring wells before the start of the test and at intervals throughout the duration of the pumping and recharge. The water level data is summarized on Table 4. A discharge hose was connected to the supply well and routed to a lined, 20 cubic yard roll -off box. The discharge hose was equipped with a valve and flow meter to control and monitor the discharge rate. In addition to this discharge point, facility -wide water usage was monitored by a system totalizing flow meter. Engineer Proposal Detailing the Remediation Project Page 5 The pumping test began at a rate of five gallons per minute (gpm) discharging to the lined roll -off box. In addition, facility usage was approximately three to four gpm during the first 90 minutes of the test, for a total rate of about eight and one-half gpm initially. After 90 minutes, the discharge to the roll -off box was increased to approximately 14 gpm and facility usage added another one and one-half gpm for a total of 15 1/2 gpm. This approximate pumping rate was maintained for one hour. After 150 total minutes of pumping, the discharge valve was opened fully. The maximum discharge rate from the hose was approximately 15 1/2 gpm and the facility usage increased the actual pumping rate to 17 gpm. The supply well was pumped at this rate for approximately two more hours. Drawdown in the supply well was monitored continuously by a pressure transducer. During the first 90 minutes of the pumping test, drawdown within the supply well increased to 15 feet below the initial water level. During the second pumping rate step, drawdown continued to increase to a maximum of about 36 feet. Toward the end of this period, the pumping rate decreased slightly and drawdown decreased to 22 feet. For the final pumping rate step, drawdown again increasedo 36 feet and maintained this level for the remainder of the pumping test. Graphs of the supply well drawdown and the pumping rate are shown on Figure 12. The lefthand vertical axis shows the drawdown (in feet) below the initial water level in the supply well. The righthand vertical axis shows the total average pumping rate for each interval (in gallons per minute). The horizontal axis shows the time expired since the beginning of the test. The ground water levels in bedrock monitoring wells MW-6, MW-12, MW-13, MW-14 and MW-15 were measured at approximately 30-minute intervals throughout the plumping test. Monitoring well MW-6 showed an immediate response to the supply well pumping with one-half foot of drawdown after 30 Engineer Proposal Detailing the Remediation Project page 6 minutes of pumping. The maximum drawdown achieved in MW-6 was almost two feet. Monitoring well MW-6 is located approximately 270 feet due north of the pumping well. Monitoring well MW-13 showed a slightly delayed response to the supply well pumping with approximately two -tenths of a foot of drawdown after 90 minutes of pumping. The maximum drawdown achieved in MW-13 was over one and one-half feet. Monitoring well MW-13 is located approximately 250 feet northwest of the pumping well. Monitoring well MW-12, located 80 feet north-northeast of the supply well, may have shown a slight response to the pumping. Drawdown in MW-12 was less than two -tenths of a foot. Monitoring wells MW-14 and MW-15 did not show any response to this limited pumping test. Graphs of the water level drawdown in the bedrock monitoring wells during the pumping test are shown on Figure 13. The slope of the drawdown for MW-6 corresponds with the increases in pumping rate. The water levels in the supply well and the bedrock monitoring wells were measured after pumping ended. Figure 12 shows the water level in the supply well returning to the initial level (and higher) within 15 minutes of ending the pumping test. Monitoring well MW-6 also recovered rapidly, returning almost to the static level within 45 minutes of the end of pumping (Figure 13), Monitoring well MW-13 had not begun to recharge within one hour of the end of pumping. This pumping test was of limited duration (less than five hours) and rate. The pumping rate was limited by the size of the discharge hose. At the maximum rate pumped (17 gpm), only 20% of the potential drawdown (175 feet) was achieved. Even with the above limitations, the pumping test conducted on the Livingstone supply well has indicated the following: the supply well will likely yield in excess of 20 gpm; Engineer Page 7 overpumping of the supply well will serve as a hydraulic control for the bedrock aquifer; and, the supply well can be pumped for remedial purposes without disrupting the facility operations. 4.0 Ground Water Treatment System 4.1 System Efficiency The major constituents identified in the ground water at the facility are highly volatile and have low aqueous solubilities. The Henry's constants for these compounds are relatively high. A high Henry's constant for a particular compound indicates that the compound has a greater potential for volatilization when exposed to air. An aeration system consisting of a diffused aeration tank is ideally suited for efficient VOC removal. The proposed system is engineered to keep efficiency high and maintenance requirements to a minimum. Figure 14 illustrates the treatment system schematic. 4.2 Control and Safety F t•-! tnres Each component of the proposed ground water recovery and treatment system will be equipped with operation controls and safety features. The control panel will be UL listed as required by the Mecklenburg County building codes. The equalization tank will be equipped with a conductivity probe and tank full float. The probe and float switch will be capable of shutting off the influent to prevent overfilling. A float system will also be incorporated into the aeration unit as well as an air pressure sensor to close the influent line to the treatment system if the discharge line is clogged or the pressure blower does not deliver sufficient pressure to the aeration tank. 43 System Security The entire treatment system will be constructed inside the Livingstone Manufacturing facility. Signs will be posted indicating that it is a wastewater treatment facility. A "Delta Environmental Consultants, Inc." sign with emergency telephone number and a "No Smoking" sign will also be posted. Engineer Proposal Detailing the Remediation Project page 8 5.0 Operation and Maintenance The entire recovery system is designed to operate on a twenty four-hour, seven day week basis. The ground water submersible pump is designed to operate on an automated cycling basis. Monthly maintenance inspections will be performed and will include cleaning the aeration tank, lubricating bearings, control system checks, cleaning level probes and pumps. Operating system data will also be recorded monthly to allow system operating efficiency to be evaluated. The system will be visited on a quarterly basis by Delta personnel. 6.0 Monitoring Plan 6.1 Ground Water Water levels in the saprolite monitoring wells will be measured on a quarterly basis for the first year and semi-annually thereafter. The recovery well and MW-12, MW-13, MW-14, and MW-15 will be sampled weekly for the first month, monthly for the first quarter, and quarterly for the first year and semi- annually thereafter. All monitoring wells will be sampled quarterly for the first year and semi-annually thereafter. Samples will be submitted to a subcontract laboratory for analysis by EPA Method 601. 6,2 Em ent Monitoring Effluent monitoring requirements for surface water discharge to the unnamed tributary of Long Creek will be established through the NPDES permit that will be issued to Livingstone by the Water Quality Section of North Carolina Department of Environment, Health and. Natural Resources. 7.0 Reporting Quarterly or semi-annual reports in relationship to the sampling schedule will be submitted to the Mooresville Regional Office within 45 days of the end of the preceding quarter. These reports will consist of NCDEM form GW-79/5-94 and supporting documentation to include laboratory reports, discharge monitoring reports, a potentiometric surface map and 1,1 DCE isoconcentration maps of the surficial and bedrock aquifers. TABLES 1.49 19.16' 671 685.04 22.E 689.28 ...16 TABLE 1 GROUND WATER ELEVATION DATA LIVINGSTONE COATING C0R"*'ATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094.011-1 TOP OF CASING ELEVATION DEPTH TO WATER GRiOUND WATER ELEVATION NAW 2 TOP OF CASING ELEAT' PIN TO WATER NND WATER NATION TOP OF CASING ELEVATION DEPTH TO WATER 'GROUND WATER ELEVATION 10.: DATE: 04/18/91 04/20/95 95 704.20 712.6 1IW4 TOP OF CASINGELEVATION709.23 DEPTH TO WATER GROUND WATER ELEVATION NW-5 TOP OF CASING ELEVATION DEPTH TO WATER GROUND WATER ELEVATI _6 TOP OF CASING EVATION DEPTH TO WATER GROUND WATER EL VATID MW -7 TOP OF CASING ELEVATION DEPTH TO WATER GROUND WATER ELEVATION 8 TOP OF CASING ELEVATION 705.36 712.42 712.2 707.46 DEPTH TO WATER GROUND WATER ELEVATION' MW-9' TOP Of CASING ELEVATION DEPTH TO WATER GROUND WATER ELEVATION 714.39 15.33 19.78 19.96 694 690.54 690.36 692.99 689.26 689.28 9.21 .99 08/95 5/22/96 07/'22/96 N/A N/A 17.22 693.10 N/A 16.00 6.«.20 27 0 26.32 N/A 22.90 24.4 689.26 687.42 14.97 19,40 19.45 N/A N/A 18.36 694.26 689.83 689.7E 690.87 19.43 23.16 23.14 N/A N/A 20.64 691.78 2325 27.05 27.07 N/A 23.58 25 689.27 685.47 685.45 688.94 687 NOT INSTALLED 16.10 16.90 N/A N/A 14.69 692.77 691.36 690.56 NOT INSTALLED 21.06 21.02 .30 684.34 N/A NJ/A 2 685.28 NOT INSTALLED 29.62 30.08 N/A 26.45 .77 684.31 687.94 NOTE: ALL ELEVATIONS ARE RELATIVE TO MEAN SEA LEVEL TABLE 1 (continued) GROUND WATER ELEVATION DATA LIVINGSTONE COATING CORPORATION MECKLNURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094-011-1 ID 10 T OF CASING ELEVATION PTH TO WATER GROUND WATER ELEVATION TOP OF CASING ELEVATION DEPTH TO WATER GROUND WATER ELEVATION MW'®'12 TOP OF CASING ELEVATION DEPTH TO WATER GROUND WATER ELEVATION DATE: 04/18/91 04/20/95 10/30/95 11/08/95 05/22/96 07/22/96 694.90 696.85 712.00 TOP OF CASING ELEVATION 71022 DEPTH TO WATER GROUND WATER ELEVATION MW-14 TOP OF CASING ELEVATION 71.76 DEPTH TO WATER GROUND WATER ELEVATION MW -15 TOP OF CASING ELEVATION 701.90 DEPTH TO WATER GROUND WATER ELEVATION NOT INSTALLED 12.34- 12.21 2.56 682.69 A .76 .14 NOT INSTALLED 12.76 12.26 N/A N/A 11.E 10 NOT INSTALLED: NOT INSTALLED NOT INSTALLED 684.09 684.59 140.15 143.88 20., 571.85 568.12 691. 9 22.25 1.77 0.82 687.97 69'1.45 9.40 40.38 114.42 108.65 73.38 599.34 605.11 NOT INSTALLED 152.+7 15.89 15.65 549.13 686.01 686.25 NOTE: ALL ELEVATIONS ARE RELATIVE TO MEAN SEA LEVEL TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094011-1 UNITS = MICROGRAMS PER LITER *rale,* ,ara) ' ik'sktAyitetb PA METHOD COMPOUND TANDARD SAMPLE DATE 11/25/91 601/602 10/04/93 8240 10/07/94 624 05/19/95 6010A 07/22/96 601/3030C 1,1-DICHLORO ETHENE 7 <5,0 <5.0 <5.0 NA <0.5 1,1-DICHLORO ETHANE 700 <5.0 <5.0 <5.0 NA <0.5 °CATION: LPtflQNITORING WELL -2 COMPOUND L STANDARD SAMPLE DATE 11/25/91 10/04/93 10/07/94 05/19/95 07/22/96 A METHOD 601/602 8240 624 6010A 601/3030C 1,1 -DICHLORO ETHENE 7 <1 <5.0 <5.0 NA <0,5 1,1-DICHLORO ETHANE 700 <1 <5.0 <5.0 NA <0.5 1,2-DICHLORO ETHANE 0.38 <5.0 <5.0 <5.0 NA <0.5 1,2-DICHLOR° ETHANE 0.38 <1 <5.0 <5.0 NA <0.5 1,1,1-TRICHLORO ETHANE 200 <5.0 <5,0 <5.0 NA <0.5 1,1,1-TRICHLORO ETHANE 200 128 <5.0 <5.0 NA <0.5 TOTAL XYLENES 53 <5.0 <5.0 <5.0 NA NA TOTAL XYLENES 530 <1 <5.0 <5.0 NA NA CHROMIUM 50 NA NA <10 <5 NA CHROMIUM 50 NA NA <10 <5 NA NICKEL 100 NA NA <40 5.2 NA NICKEL 100 NA NA <40 <5 NA IRON 300 NA NA IRON 300_ NA NA NA TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094-011-1 UNITS = MICROGRAMS PER LITER COMPOUND STANDARD SAMPLE DATE 11/25/91 10/04 /93 10/07/94 05/19/95 07/23/96 A METHOD 001 /602 624 624 601'1OA 801 /3030C 1,1-DICHLORO ETHENE -DICHLORO ETHANE 700 <1 55 13 NA 90 ONITORIN 4 1,2-DICHLORO ETHANE 0.38 <1 <25.0 <5.0 NA <50 1-TRICHLORO ETHANE 200 TOTAL XYLENES 530 TOLUENE 0 ETHYLBENZENE 29 MEK 170 CHROMIUM. 0 NICKEL IRON 128 110 55 NA 59 <1 310 <5.0 NA NA <1 410 <5.0 NA NA <5,0 NA NA <500 <10 NA NA COMPOUND EPA METHOD 1,1-DICHLORO ETHENE 1,1-DICHLORO ETHANE 1,2-DICHLORO ETHANE 1,1,1-TRICHLORO ETHANE TOTAL XYLENES CHROMIUM NICKEL IRON NOARD 7 700 0.38 200 530 50 100 300 SAMPLE DATE 10/04/93 8240 <5,0 <5„0 <5,0 <5.0 <5.0 NA NA NA 10/07/94 624 <5.0 <5.0 <5.0 <5.0 <5.0 18 <40 05/19/95 6010A NA NA NA NA NA 7.1 <54" 07/22/96 601/3030C <0,5 <0.5 <0,5 <0.5 NA NA NA 194 NA. NA <10 <5 NA NA NA <40 <5 NA NA NA TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094-011-1 UNITS - MICROGRAMS PER LITER ..00AT Ne ONITORING WELL MW-5 PA METHOD COMPOUND 1,1 -DICHLORO ETHENE 1,1-DICHLORO ETHANE 1,2-OICH LORD ETHANE ,1-TRICHLORO TOTAL ETHANE XYLENES MEK CHROMIUM NICKEL IRON STANDARD SAMPLE, DATE 04/09/91 11/25/91 10/04/93 10/07/94 03/21/95 05/19/95 07/24/96 8260 601/602 8240 DRY 624 8010A 601/3030C NA 700 <1 <13 <5 NA <25 LOCATION: NITOI~IING WELL MW-6 0.38 <1 <'13 <5 NA <25 200 530 <5.0 <1 <13 200 <5 NA NA 91 NA 170 <250 <10 NA NA 50 NA NA NA NA 100 NA NA NA NA <5 NA LCOMPOUN[ r.STANDAR SAMPLE DATE 04/09/91 11/25/91 10/04/93 10/07/94 05/19/95 07/23/96 EPA METHOD 6280 601 /602 8240 624 6010A 601/3030C 1,1-DICHLORO ETHENE NA 1,1-DICHLORO ETHANE 700 10 <1 7.5 <5.0 NA <25 1,2-DICHLORO ETHANE 0.38 <5.0 <1 <5.0 <5.0 NA <25 1,1,1-TRICHLORO ETHANE 200 16 <1 48 24 NA 49 TOTAL XYLENES 530 <5,0 <1 <5.0 <5.0 NA NA CHROMIU 50 NA NA NA <10 <5 NA NICKEL 100 NA NA NA <40 <5 NA 300 NA NA NA <100 <100 NA 300 NA NA NA NA <100 NA TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094-011-1 UNITS = MICROGRAMS PER LITER IlLOCATION: 1111,VONITORING WELL, MW-7 PA METHOD COMPOUND ML STANDARD 1,1-DICHLORO ETHENE 7 1,1-DICHLORO ETHANE 700 1,2-DICHLORO ETHANE 0,38 1,1,1-TRICHLORO ETHANE 200 CHROMIUM 50 SAMPLE DATE 10/11/94 DRY 01/27/95 624/3030C <5.0 <5.0 <5.0 <5.0 NA <10 <10 05/1.9/95 6010A NA NA NA NA NA <5 <5 07/2.2/96 601 /3030C <0,5 <0,5 <0,5 <0,5 NA NA NA {LOCATION; MONITORLNG WELL MW-6 COMPOUND STANDARD SAMPLE DATE 10/11/94 03/21/95 05/19/95 07/23/96 EPA METHOD 624/3030C 8010 6010A 801 /3030C 1,1-DICHLORO. ETHENE 7 NA <100 1,1-DICHLORO ETHANE 700 160 88 NA 151 1,2-DICHLORO ETHANE 0,38 <50 NA NA <100 1 ,1,1-TRICHLORO ETHANE 200 7 NA <100 TOTAL XYLENES 530 <50 NA NA NA TRICHLORO TETRACHLORQ ETHENE ETHENE 2,8 NA <100 0,7 NA CHROMIUM NA <5 NA NICKEL IRON 100 300 63 NA 5,9 NA TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094-011.1 UNITS = MICROGRAMS PER LITER LOCATION: MONITORING WELL MW-8 COMPOUN +L STANDARD SAMPLE DATE 10/11/94 05/19/95 07/24/96 PA METHOD 624/3030C 6010A 801 /3030C 1,1-DICHLOROI 1,1-DICHL©Ro ETHENE ETHANE NA 700 <5.0 NA <25 1,2-DICHLORO ETHANE 0.38 <5.0 NA <25 1,1,1-TRICHLORO ETHANE 200 70 NA 68 TOTAL. XYLENES 530 <5.0 NA NA CHROMIUM 50 40 <5 NA NICKEL. 190 IRON 300 'LOCATION J ONITORING WE0 O UN SAMPLE DATE 04/13/95 05/19/95 07/22/96 A METI`IOD 1.1-DICHLORO 1,1-DICHLORO'', 1,2«DICHLOR0 1,1,1-TRICHLORO TOTA HENE ETHANE ETHANE ETHANE XYLENES CHROMIUM, NICKEL IRON 700 0 38 200 530 50 624/3030C <10 <10 <10 <10 <10 6010A NA NA NA NA NA 601/3030C 1.7 <0.5 <0.5 <0.5 NA NA NA 14 TABLE 2 GROUND WATER MONITORING WELL. ANALYTICAL ATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO, E094-011-1 UNITS "= MICROGRAMS PER LITER ..z1,1.:14.ftrV? ATION: ONITORNG W 0 POUND 2L STANDARD SAMPLE DATE 04/13195 05/19/95 07/23/96 PA METHOD 624/3030C 6010A 601/3030C 1,1-DICHLORO ETHENE <10 NA <0.5 1,1-DICHLORO ETHANE 700 <10 NA <0.5 1,2-DICHLORO ETHANE 0,38 <10 NA <0.5 1,1,1-TRICHLORO ETHANE 200 <10 NA <0,5 TOTAL XYLENES 530 <10 NA NA CHROMIUM 50 43 <5 NA NICKEL 100 26 <5 NA IRON 300 2 NA 1LOCATION: IONITORtNG WELL TW-1 COMPOUND t2L STANDARD' SAMPLE DATE 04/13/95 EPA METHOD 1,1-DICHLORO ETHENE 1,1-DICHLORO ETHANE 1,2-DICHLORO ETHANE 700 0. 1,1,1-TRICHLORO ETHANE 200 TOTAL XYLENES 530 CHROMIUM 50 NICKEL 100 IRON 300 624/3030C <10 31 <10 <10 <10 50 57 „Ea TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO, E094-011-1 UNITS = MICROGRAMS PER LITER h.00ATI ON: ONITORING WELL MW-12 COMPOUND L STANDARD SAMPLE DATE 10/30/95 07/24/96 PA METHOD 601 601 1,1-DICHLORO ETHENE 7 1,1-DICHLORO ETHANE 700 <10 <10 OCATION: COMPOUND L STANDARD SAMPLE DATE 10/30/95 07/23/96 MONITORING WE PA METHOD 601 601 DICHLORO ETHENE 4.2 1,1-DICHLORO ETHANE 700 2,9 1,2-DICHLORO ETHANE 0.38 <10 <10 DICHLORO ETHANE 0.38 <0.5 1,1,1-TRICHLORO ETHANE 200 182 66 1,1,1-TRICHLORO ETHANE 200 14,5 3 TOTAL XYLENES 530 NA NA TOTAL XYLENES 530 NA NA CHLOROFOR 0.19 <10 CHLbROFOW 0,19 CHROMIUM 50 NA NA CHROMIUM 50 NA NA NICKEL 100 NA NA NICKEL 100 NA NA A A IRON 300 NA NA IRON 300 NA NA TABLE 2 GROUND WATER MONITORING WELL ANALYTICAL DATA LIVINGSTONE COATING CORPORATION MECKLENBURG COUNTY, NORTH CAROLINA DELTA PROJECT NO. E094-011-1 UNITS = MICROGRAMS PER LITER ['CATION: !MONITORING WELL MW-14 PA METHOD OMPOUND STANDARD SAMPLE DATE 10/30/95 601 07/24/96 601 1,1-DICHLORO ETHENE 7 6.9 1,1-D!CHLORO ETHANE 700 <1 0.6 1,,2-DICHLORO ETHANE 0.36 <1 <0.5 TRICHL©RO ETHANE 200 38.4 3.7 TOTAL XYLENES NA NA CHLOROFOR 0.19 <0.5 CHROMIUM 50 NA NA NICKEL 100 NA NA IRON 300 NA NA COMPOUND 12 STANDARD SAMPLE DATE 10/30/95 07/23/96 PA METHOD 601 801 1,1-bICHLORO ETHENE 7 —2 1,1-GICHLc kO ETHANE 700 6.5 2,9 1,2-DICHLORO ETHANE 0.38 <1 <0.5 1,1,1-TRICHLORO ETHANE 200 26,1 4.3 TOTAL XYLENES 530 NA NA. CHLCIkOFOR 0.19 TETRACHLORO ETHENE. 0.7 <1 0.5 CHROMIUM 50 NA NA NICKEL 100 NA NA IRON 300 NA NA 1WLE 3 ROUND WATER SUPPLY WELL ANALYTICAL DATA ..VINGSTONE COATING CORPORATION MECKLENBURG COUNTY, N04Th4 CAROLINA ELTA PROJECT NO. E094-011.1 NITS r MILLIGRAMS PER LITER COMPOUND !L STANDARD SAMPLE DATE 09/20/00 624 12/28/90 624 11/25/01 601/602 10/04/93 8240 10/07/94 624 10/26/95 601 10/29/96 624/625 ETHENE 0,007 1 -■ ETHANE <0.005 <0.005 <0.001 <0,013 <0.025 0.0039 <0,020 OCdI PLY WE COMPOUND 2L STANDARD DATE 10 /26/95 DATE 06/02/94 10/26/95 07/24/96 601/602 601 601 0.007 <0.0010 1,1-D!CHLOR� ETHENE <0.001 0,0028 0.004 1,1-DICHLORO ETHANE <0.0010 <0.001 <0.0010 0,0005 0.206 0.1121 0.080 1,1,1-TRICHLORO ETHANE <0.0010 1,1,1-TRICHLORO ETHANE <0,001 0.0015 0.0021 0.00019 NA NA <0.001 <0,013 <0.025 <0.0010 <0.020 CHOLORF 0,00019 <0.0010 CHOLORFORM 0.17 .2 <0,050 NA <0,020 'TETRACHLORO ETHENE. 0.0007 CHROMIUM 0,05 <0, 010 NICKEL 0.1 <0.040 IRON 0.3 <0,100 TABLE 4 GROUND WATER ELEVATION DATA (15 drank rr11 - 5t ptes0 LIVINGSTONE COATING CORPORATION MECKLENBURG OUNTV, NORTH TH AROLINA DELTA PROJECT NO, E094-011.1 Minute after pumping TOP OF CASING ELEVATION 712, DEPTH TO WATER 24 GROUND WATER ELEVATION 687 W-12 TOP OF EASING ELEVATION 712.00 DEPTH TO WATER GROUND WATER ELEVATION M167A3 TOP OF CASING ELEVATION 716.22 EPTH TO WATER ROUND WATER ELEVATION 14 TOP OF CASING ELEVATION 713.76 7 5 30 60 90 120 180 210 240 270 330 trrvea 25.16 25.34 25.5 26.03 26.15 26.52 26.55 26,52 24.92 687,36 687,18 687.02 686,49 686.37 666. 68 .97 686.00 687.60 21.76 21.77 21.7'7 21.77 21.80 21.82 21.66 21.135, 21,67 21.83 690.24 6 1n1.23 690.23 690.23 690.20 690,18 690.12 690.15 690,13 690.17 19.65 19,8 19,90 20 20.15 690,37 690.36 690.32 690,22 690,07 669.74 689.45 659.18 669.02 658.76 DEPTH TO WATER 115,65 GROUND WATER ELEVATION 598.11 TOP OF CASING ELEVATION 701.90 DEPTH TO WATER 16.55 IOUNO WATER ELEVATION NOTE. ALL ELEVATIONSARE ITELATIVE TO MEAN SEA LEVEL 5' 0.48 20.77 21. 21.2 21.46 .6 16 16.54 685,35 685.36 TABLE 5 LIVINGSTONE COATING CORPORATION Potential Air Emissions Delta Project No. E094-011-1 PARAMETERS Start Date End Date Number of Days Water Flowrate (gorn) TEST#1 Pollutants Conc. (ug/i) Rate Sibs/day) TEST #1 05/29/96 05/31/96 2 15 1 ,1-DCE 78.6 0,0142 1,1-DCA 1,1,1-TCA 1,2 0,0002 23.1 0.0042 Notes: 1,1-DCE - 1,1 Dichloroethene - threshold = 2.5 Ibs/day 1,1-DCA - 1,1 Dichloroethane - threshold = not determined 1„1 ,1-TCA - 1,1,1 Trichloroethane - threshold 250 lbsiday or 16 lbs/15 Equation for Ins/day = (concentration in ppm * flowrate * 1440 min/day * 8.34 lbs/gal) / 1000000 \94011\datastairemis.wq1 ?° T�',� NC :5680-C8- TF-2 4 1969 PH0TpIN C`E i 1983 DM 4854 17 SA-- SCALE 1:2400C 3' 7701 i iYVLE nvtrorrr ntcl Con auitcnis, ion. Choriotte, North Carol sncs LB226 TOPOGRAPHIC LCCA CN MAP Livingstone Coatings -Aquifer Steptest Supply Well Drawdawn &Pumping Rate -40 I4ii1111i1I11111€ll(l(11191109i1��13V14 0 28 I¢� y,{(61194�11@YffY'UIII III1{G115111111111141111>PIIIIIIIVR' 19'It.l9'111I11If11111IRI1ll111111IOR11911111111111111IUitI 1111116on1fhII1➢111Rllili 111111111O1141CICf111111 11 loll ffli111(1 — 7 70 1.03 140 165 210 252 28 91 1 19 138,7 159 231 271.5 i�r tes after Purnpit g Started 4- 500 CAL t CN JAl12A4i )N TAh Sid,#+RP(.ltd BALL VALVE «57 ENV TZOOE °JE tl f AFPA1 4. 0YE R ALL IP Ee w a 2' PVC DHt1CT'TE RAtl5 E R LANE DRAM 8Y C. t;REENE evsrw D ay CARBON tE S F L REF lr• ors in erg t elrtla. No GS.i h� i COTING OR i. 11 ARLO TIE, NC REATM ENT SYSTEM SCf 1 hi 11 D TA ENVI NOW ON 1.m J"41 1 INSULT ° , IN, NA DIFFUSED .. TOR S . '•3 SHEET PROJECT NUMB Ed PROJECT NAME NSTONE: ATING PROJECT' CALCULATIONS DAWN REEV SUBJECT Diffused Aeratio I? sM BY Design SI DATE DATE DIFFUSED « . TION SP * *.y SHEET A spreadsheet f rr determining aerator affla at concen Lion based on a series of 's model with liquid ph sa dominant mass asf r DESIGN PA COMPOUND HENRY'S CONST(DIM) II�IF ONC (ppb) HORIZ TRA (S HEIGHT OF SPARGER (IN) (FROM TANK BOTTOM TO TOP OF SPARSER) NO, OF LIQ FL W ( IN) LIQFLOW (p ) KLa MODEL BASIS DATA Delta Number Lountion t arl tt > Nor Sampling Date tlrra9/15/92 Tank Type Mi America Plastics T> ON OF 15.00 AVG ''A. FLO " ° TE (gp AVG Kla (MIN-1) AVG GAS FLOW RATE (CU HRl. T ° K AREA (SQ TANK DEPTH (INCHES) SPARGER SUBMERGENCE DE TANK VOLUME (CU NUMBER OF ", "..CTORS ItN:FACTOR 5 10.0 to DELTA ENVIRONMENTAL CONSULTANTS, INC. C-IARLOTTE, NORTH CAROLINA VERSION 1.0 July 1991 DIFFUSED AERATION SYSTEM DESIGN PROJECT' NUMB E094-011-1 SHEET PROJECT NAME LIVINGSTONE COATING PROJECT LOCA CHARLOTTE CALCULATIONS DAWN REEV DATE SUBJECT Diffused Aerator Des CHECKED BY TABLE LIM TABLE: TABLE OF CALCULATED DATE: OF ONS GAS FLOW RATE LIQUID HEIGHT LIQUID HEI (CU FT/MIN) (IN) (FT) LOWER LIM I 200 6 0.5000 UPPER LIMI 1000 18 1.5000 DIVISIONS 200 2 0.1667 EFFLUENT CONCENTRATION IN PARTS PER BILLION GAS FLOW RATE (CU FT/MIN) LIQUID H LIQUID HT. 200 400 600 800 1000 1200 (INCHES) (FT) 6.0000 0.5000 58.2496 43.0941 323447 24.5967 18.9296 14.7287 &0000 06667 51.5664 34.2496 23.3504 16.2900 11.5985 8.4099 10.0300 0.8333 45.7735 27.4659 17.1547 11.0879 7.3819 5.0433 12.0000 1.0000 40,7368 22.2098 12.8029 7,7304 ! 4.8540 3.1517 14.0000 1.1667 36.3446 18.0990 9.6921 5.5052 3.2833 2 16.0000 1.3333 32..5035 14,8558 7.4329 .9954 Z2765 1.3612 18.0000 1.5000 29.1351 12..2761 5.7681 2.9493 1.6133 0.9325 .7ss 1.1658 0.6539 22.0000 1,8333 23.5630 8.5395 3.5853 1,6800 0.8571 0.4681 24.0000 2.0000 21.2564 7.1832 2.8670 1.2930 a6402 0.3412 26.0000 2.1667 19,2134 6.0740 2.3123 1.0066 0.4850 0.2529 28.0000 2.3333 17.3999 5.1615 1.8798 0.7920 0.3721 0.1903 DLTA EN RONM NSULT , NC 01 I NOR 0LINA ON LO July 1991 DIFFUSED RATOR S . !SH PR NUMB P E NE LIVING•NE NG PROJ * L CAL C SIi TIONS DAWN . ' Diffused Aeratio D BY Des SH DATE : DATE DIFFUSED TION SP '.$ SHEET A spreadsheet for determintn or effluent coneon series of 's model with liquid phase dominant DESIGN COMPOUND HENRY'S NST(DI1 INP,ODNC (ppb) HORIZ, TANK AREA (SO HEIGHT OF SPARGER (IN) (FROM TANK BOTTOMTO TOP OF SPARGER) NO. OF eroRs LIQ FLOW (CU FT/MIN) LIQ FLOW ( m) 1,1 DCE 582 22 " * ON MODEL BASIS DATA Delta Number 5 1 Location CharIotte, Nor Sax pliug;Iate 1 1 rru 5/2 Tank Type I'4fid Ameria Plastics AVG WA FLVJ A4a' (MIN- AVG GAS FLOW RATE (cu Fr H.I. T K AREA (SO T M K DEPTH mains) SP ' GER SUBMERGENCE' T ° K VOLUME (CU FT) NUMBER OF REACTORS lON FACTOR 7 sed on 22 OF DELTA ENVIRONMENTAL CONSULTANTS, INC. CHARLOTTE, NORTH CAROLINA VERSION 1.0 July 1991 PROJECT NUMB PROJECT NAME PROJECT LOCA CALCULATIONS SUBJECT . CHECKED BY TABLE LIMI TABLE: LIQUID H LIQUID HT. (INCHES) (FT) 6.0000 0.5000 &0000 0.6667 10.0000 0.8333 12.0000 1.0000 14.0000 1.1667 16.0000 1.3333 22.0000 24.0000 26.0000 28.0000 1.8333 2.0000 2.1667 2.3333 DIFFUSED AERATION SYSTE E094-011-1 LIVINGSTONE COATING CHARLOTTE DAWN REEV Diffused Aerator Design SHEET DATE: DATE : OF TABLE OF CALCULATED EFFLUENT CONCENTRATIONS GAS FLOW RATE (CU FT/MIN) LOWER LIMI 200 UPPER LIMI 1000 DIVISIONS 200 LIQUID HEIGHT LIQUID HEI (IN) (FT) 0.5000 6 18 2 EFFLUENT CONCENTRATION IN PAR GAS FLOW RATE (CU FT/MIN) 400 600 1.5000 0.1667 PER BILLION 1000 1200 423.5820 313.2512 235.0304 17&6724 137.4658 106.9300 374.8334 248.7791 169.5033 118.1846 84.1058 60.9564 332.5541 199.3205 124.3730 80.3219 53.43'73 36.4852 295.7769 161.0019 92.6882 55.9035 35.0694 22.7524 263.6947 131.0398 70.0543 39.7364 23.6710 14,6938 235.6318 107.4104 53.6296 28.7797 j 16.3754 9.7803 88.6258 41,5388 21,1978 11.5773 6.6834 &3449 4.6741 170.3080 61.4454 25.7133 12.0187 6.1200 3.3366 153.4584 51.5929 20.5170 9.2271 4.5589 2.4259 13.8.5391 43.5439 16.5097 7.1656 3.4442 1.7930 125.3000 36.92.97 13.3897 5.6235 2.6357 1.3450 CAL A►T RESEARCEI & ANAEyTICAI LAbORATORiES, INC. Analytical/Process Consultations 0,15,13311,14, '1,NALY- c.'7,-. •-• , -' : L i : .r.._,';' 0 • :,,-) 7.; NC #34 w. im mt .. . . . .0. Chemical Analysis from Selected Sampling Locations Identified SIS Liviowtone Coatings (A Delta Envir /094-011, 29 October 1996) Volatile ii3roanics Supply EPA Method 624 Detection Well Fararneter Lirnitfrnigilll Imajii Methylene Chloride 0„04,0 SOL Trehlorofluorornethane 0.040 BDL 1,1-Dichlorpethene 0,020 0.582 -1,1-Dichlorcethane 0,020 BDL Chloroform 0.020 BDi. Carbon Tetrachloride 0.020 AOL 1,2-Dichloropropan.e 0.020 AOL Trichloroethene 0,020 BDL Dihromochloromeithane 0,.020 AOL 1,1,2-Trichloroethene 0,020 AOL 'Tetrachloroeithene 0..02.0 AOL Chiorobenzene 0..020, BOL Trans-1,2-Dichioroethere 0.020 BDL 1 ,2,Dic hiorcethane 0,020 BOL 1, I ,1 -Trichlorcethane 0.020 0.080 Bromodichloromethene 0,020 BDL Cis-1.3-Dichlornoropene 0,020 BDL Benzene 0..020 AOL Trons-1,3-Dichloropropen.e 0.020 AOL Bromotorm 0,020 BDL 1,1,2,2iTetrachloroethane 0.020 BDL Tolue,ne 0.020 BDL Ethyl Benzene 0.020 BOL Chlorome.thene 0.040 BOL Bromornethene 0.040 BDL Vinyl Chloride 0.040 BDL Chloroethane 0,040 BDL Arelone Carbon Disulfide 0,200 AOL Vinyl Acetate 0,200 BDL 2-Butanone 0„400 'BDL 4-Methyl-2.-Pentanone 0,020 BDL 2-Hexanone 0,020 BOL Styrene 0,020 BDL Total Xylenes 0,020 AOL Sample Number 284778 Sample Date 10129/96 Sample Time ihrsl 1000 AOL = Below Detection Limits mg/L milligrams per liter part per million Semi -volatile Organics Parameter pLiemtietec lmUial:1 VSNluePi IP k ''' Method 625 inigill 4-Chloro-3-methylphen0l ()8BDL ,01 2-Chlorophen©I 010° BDL 2,40.010 .-Dichlorophenbi BDL 2,4-Dimethylphenol BDL 2,4-0initrophenol 0.010 0.050 BOL 2-Methy1-4,6-dinittophenol 0,050 BDL 20,010 -Nitrophenol BOL 4-Nitrophenol BDL 0.050 Pentachlorophenoi Phenol 0.050 AOL BDL 2,4,6-Trichlotophenol 0,010 BOL 0 Acenaphthene BOL Acenaphrhylene 0i00110 BOL Amhn racee 0,010 00AOL Benzrdtne 0i051g BOL Benzotalenthracene 0.010 BDL Benzolalpyrene BDL Benzolibtfluoranthene 0,010 BDL Benzo(phi/perylene 0,010 0.010 BDL Benzo(k)flu.oranthene 0,010 SOL Ben.zyl butyl phthalate BOL is B(2-chloroethoxymethane 0.010 0010 AOLBisl2-chloroethyl1ether 010BDL. :0 8is12-ch0010 loroisopropyhether BOL Bisl2-ethyLhexyllphthelate 0.010 BDL 4,Bromophenyl phen0.010 yb ether BOL 2-Chloronaphrhalene e 0010() 0 BOL zpcoprifm,a pi,iyi ,,,,,!,,er . F.4.. Chrysen0 e BDL 51,01 aibenzola„hfanthracene 0.010 BDL 1,2-Dichlorobenzene 0010 BDL 1,3-Dichlorobenzene . 0,010 00L 'I ,4-,Dichlorobenzene 0.010 BOL 3,3-,Dichlarobenzidine 0.020 BOL Diethyl phthalate 0.010 BOL Dimethyl phthalate 010 0.010 0BDL Di-N-Butyl phthalate BDL 2,4iDinitrotoluene BDL 0.010 2,6-Dinitrotoluene 0.010 BDL Di-N-Octyi phthalate 0,010 BDL 1,2-Diphenvihydrazine BDL Pluoranthene 0.050 000%3AOL AOL Fluorene kexachlorobenzene 0L010 BOL Hexachlorobutadiene 0,010 BOL Hexachlorocyciopentadien0010 e BDL Hexachioroethane BOL 0,010 Indenot1,2„3.cd) pyrene 0.010 BDL Isophorone 0.010 BDL Naphthalene 0.010 BDL Nitrobenzene N-Nitrosorlimethylemine 0.010 BDL 0.010 BDL N-nitrosodi-n-pronylarnine 0,0010 1080L 0 N-Nitrosodiphenylamine SOL Phenanthren0.010 e BOL. Pytene BDL 1,2,4-Trichlorobenzene 0.010 0.010 BDL P,O. Box 473 • 106 Short Street • KernersW, North Carolina 27284 • 910/996-2841 JOB NO. RESEARCH & ANAI TiCAI LAboRATORiEs, INC. Analytical/Process Consultations Phone [910) 996-2841 PROJECT NAME AMPLES (SIGNATURE SAMPLE NO. DATE TIMESTATION LOCATION RELINQUISHED BY DATEIITIMERE 44`rrk.) RELINQUISHED BY DATE/TIME r L f ,-) 73 RECEIVE[) BY CHAIN OF CUSTODY RECORD AT E R)' r''A>T:ATE R EMUESTED ANALYSIS REMARKS: REMOVAL E fNOES The major consconstituents identified in the ground water at the facility are highly volatile and have lover aqueous solubilities. The Henryconstants for these compounds are relatively high. A high Henry's constant for a particular compound indicates that the compound has a greater potential for volatilization when exposed to air. An aeration system consisting of a diffits.* aeration tank is ideally suited for efficient VOC removals The proposed sstern is engineered to keep efficiency high and maintenance requirements to a minimum. Figure 14 illustrates the treatment system schematic. VSGS TOPOG I';SHOW DISC GE PO pel 1TA ACT N 094-0 C. E :NE Environmental Consultants, Inc. Charlotte, North Carolina 28226 T� NGSTONE COATING CORP. CHARLOTTE, NC tom TOPOGRAPHIC LOCATION MAP WITH DISCHARGE POINT 5-11-96 0 do 46. 011 TQPO :\Itchael F. Ea.sir?., Governor William G. Ross Jr.. Secretary North Carolina Department of Envtronment and Natural Resources Jan W. Klimek. P. E. Director Division of -Water Quality Coleen H. Sullins, Deputy Director Division ni Water Quality DIVISION OF WATER QUALITY February' 20, 2004 Mr, Scott Moncrief Livingstone Coating Corporation P.O. Box 668267 Charlotte NC 28266 Subject: NPDES Permit No. NC0086002 Livingstone Coating Mecklenburg County, NC Dear Mr, Moncrief: Our records indicate that NP[)ES Permit No. NC0086002 Was issued on February 2004 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the 'Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not alreadydone so„ it is suggested that you thoroughly read the Permit. Of particular importance is Page 4 Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. -Fhe section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations., Upon commencement of your discharge (or operation), you must initiate the required monitoring, The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these .forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly' as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR. -I), plus instructions for completing the .form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit, One NprthCarolina A7aturally Ain& NcDENR N. C. Division of Water Quality, Mooresville Rear:anal Office, 919 North. Main Street. Mooresville NC 28115 (704) 663.-1699 Customer Service 1-87'7-623-6748 The remainingparts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater .treatment facilities and/or discharge(s). The conditions include special reporting, requirements in the event of noncompliance, bypasses, treatment unitiprocess failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions andlor upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Perrnittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDE.S Permit is normally issued for a .five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 1.80 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page I. of the Permit. Also note that NPDES Pemiits are not .automatically transferable. If you, as the Perminee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. D. Rex Gleason, P.E. 'ater Quality Regional Supervisor Enclosure A:\NPDESLT. WQ Michael E. 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 cri „jvingstone C'l`.D< '. ). Box 668267 halrlt tte, North Carolina 28 ?Cr6 [Dear Mr. Moncrief: orporatron February l 3, 2}t64 ce of NPDES I'ertl ri "tiCC4C186OO2 one. Coating groundwadiation Mecklenburg County The Division of Water Quality (the Division) hereby transmits the. approved final .NPDES permit for the sti'frject This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the arandum. of Agreement between North Carolina and the U.S.. Envirorimerital Protection .Agency dated May 994, or as subsequently amended. if any parts, measurement frequencies. or sampling requirements contained in this p rmit are unacceptable. you have the right to an adjudicatory hearing upon written request within thirty (3( ) days arftei receiving this letter. Your request must be in the, form of a written petition conforming to Chapter 150B of the North Carolina. General Statutes, and must be fled. with the office of Administrative Hearings, 6714 Mail Service Center. Raleigh, North Carolina 27699-6714, Unless such a demand is made, this 4. rnut shall be final and binding. This permit is not transferable except after notifying the Division of Water Quality, The Divis.ion may require modification,. or revocation and re -issuance of this permit. Please notice that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality. the Division of Land Resources, the Coastal Area Management. Act, or other federal or local governnierits, if you have ioe.Corpor or we can be of feather service, please contact loe f.`eirperorn at or call (919) 733.-5083, extension 597. Respectfully. ORIGINAL SIGNED BY Michael E. Templeton. Alan W. Klime;k, P.E. Mooresv ile Rcgjpnal Office, Water Grrtartity r°:non uPDE S Unit .Aquatic "Toxictalnev (Mir Mecklenburg County Dcpartm nt of Environmental Health WAT FEB 2 0 2004 ern NC►rNR North Carolina Division o a r Quality 1617 Mail Service Center Raleigh, NC 7765 16t7 733-5083 Customer Service 1 800 623--7748 ST°ATE OF NORTH CAROL JNA DE I `ART "II N'I" OF ENVIRONMENT AND NATI..JRAL. R.I SOUR( I VISION OF WATER QUALITY PERMIT TTO I" I:SCI-IARGE WASTEWATER UNDER THE NATIONAL I (LLI TANT DISCH.RGE ELIMINATION SYS'ftM (NPI:)ES) In compliance with .the provisions of North Carolina General .`statute [43 215.1, other lawvtul starrdar-ds a regulations promulgated and adopted by the North Carolina nvironttrental Managernerrt Conirrussion, and' the Federal Water Pollution Control act, as wrrarended. Livingstone Coating Corporation is hereby* authorized to discharge wastewater from outfallis Located at the waters c: accordance vv,ith efl]ruent and IV here Livingstone Coating Corporation 240 Rhyne Road at NC Highway 27 West Charlotte Mecklenburg County n unnamed tributary to Long Creek within the Catawba River Basin in monitoring requirements, and other conditions set forth in Pants I. II, III. This permit shall become eftecttve i\hirch 1, 2004. This permit and authorization tr d this dry February 13. 2004. ge shall expire: art a3ridraigl t onJune 30, 2005. ORIGINAL SIGNED BY Michael E. Templeton Alan Divisiot of Water Quality By Aut limek, P.E., Director y° of theEnvironmental Managetneni t` `oin SUPPE All p a~vicaus NPDES Pen nits is as and athis issuance, any previously exclai°ray to aerate and disc! require) aeaats. teams, and provisions �` N TO PER IT COVER SHEET this facility^ stied perm Large h una t crihed here hether fot' op n or discharge are hereby revoked, bearing this ntaniber-is no longer effective. 'l`herefcare, the iel l y arises taaader the permit conditions Livingstone Coa ing Corporation Continue to o et•atc an exiting 00l6 MGD groundwa a a an equalization tank a diffused aeration tank n activated carbon absoi This facility i near Char L ischar unnamed tributa River Basin. sated at to in Mecfet e Coating Cord `aunty. e consisting (if rn (240 Rhync Road at NC Highway?'7 rks, at the l c ti n specified on the attached naaft, into an k, currently classified ®IV attefs within the C'aata e Coating Corporation Groundwater Rexnediation System Bair Grid/Arad: F 15 SW / Mt. lsliud Wic, NC Sub -Basin: O3-08-34 Receiving Strcarn: UT of Long Creek State ai Class: WS-IV Drainage Basin.: Catawba River Basin Permitted Flow: 0,021(i MCI) NPDES Permit NC0086002 Mecklenburg County .IJENT LI 'II TA". ONS AN1) ONIFORING REQUIRE}NT irag this period begimaitt ors thr eff1ctixt. flats, of tlae Itc rtni't and Iasi until exp rttion, the Permit.tee is ;authorized is:hargt v astewater fron a grounda4ater rcrediation system from Outfall 001, Such ted and mot by the Pornnittee as specified below: EFL' UE T LIMITA 1 tNS NION :.ING QUIRE 'TENTS +a r ll l ,fie .l 1►nl Ie sur t tra Averg � e Hai td� la lqu ea 0,0216 Dichloroetha l Trichluroet ene Ch 'acntorcet Total XYlenes .hylEthyl Ketone C'9a,lorofor ronic Toxic' Na tinuorrs nthl nthl hlv grab nth1 Grab l ffiuen nthly Grab F:f, onth I. If discharge is rant c.catttinuous, flow mi.. Eye rnt Winfred weekly by tatt itast uatatat.crus flow es Mate. If no discharge occurs during a given nat nth, the perinitt Report (DMR)) to the Division. Where possible, the grab sample for oil a zone. Chronic 'Toxicity (Ceriodaphnia), P/F at 90f ci.. Morritori.ng, Quarterly during months of,lanuary, April, July, and October. See Supplement to Effluent Limitations and Monitoring Requirements Page. - Speccal. Conditions A (2). Units. rang/1.. hall indicate "No Discharge" on the monthly Discharge Monitoring liter u i d be ,sk i nnaa-red fro tt�icrogran_s per The discharge shall contain no floating solids or an isible in other than trace amounts. (caln"i water) A. (2.) CHRONIC TOXICITY PERMIT LIMIT QUARTERLY) The effluent discharge shall at no time, exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dttbia at an effluent concentration of 90 %. The permit holder shall perform at a minimum, ,gatir(erly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. IT the test procedure, performed as the first test of any single quarter, results in a failure or Chl/ below the permit limit, then multiple -concentration testing shall be performed at a minimum., in each of the two following months, as described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure"' (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined 'using the geometric mean of the highest concentration having no detectable impairment. of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment.," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase 1.1. Chronic Whole Effluent Toxicity Test Procedure" tRevised-Februa„ry 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the .Effluent Discharge Monitoring Form. (MR-l) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and. THP3B for the Chronic Value, Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is ruad,e. Test data shall he complete accurate, include all supporting chernical/physical measurements and all concentration/response. data, and be certified by laboratory supervisor and C.)RC or approved designate signature. Total residual chlorine of the effluent .toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there, be no discharge of flow from the, facilityduring a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test loan 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 the permit:tee fail to monitor during month in which toxicity' monitoring is required, monitoring will be required during the following monthShould any test data from this monitoring requirement or tests performed by the North Carolina Division of 'Water Quality indicate potential impacts to the receiving stream, this permit may he 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 mitihnum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate .follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Pen nit Reset PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definins Samples are collected :t'ice per month alendar ds between s,ampevents. 3/Week Samples arc co cued three times per week on three separate calendar days. Act or "the .act" The Federal Water .Pollution Control ,act, also known as the AnntutI.A.ver ge The arithmetic mean of all "daffy d sc conform, the geometric mean of s Act, as amended, 33 U;SC 1251, et, seq. utant measured during the calendar year. In the case of fecal :Arithmetic Mean The summation of the individual values divided by the number of indi du, Bypass The known. diversie n of waste strea.ns from .any port on of st tees. is not a desiltraed or established or operating rnude for the facility, t facility including fire collectic�rt system, which Calendar Day The period from rnidttight of one day until tnidruday. However, for purposes of this permit, an;. consecutive 24-hour period that reasonably- represents the calendar day may be used for sampling. C;alendaar.Quarter One of the following distinct periods: lantrary tltra.iugh March, .April through 4(une July through September, and October through December.. Composite Sarnpl;e <1 sample collected over a 24-hour period by cr ntinuous sampling; or combining grab samples of at least '10{l rnfl in such a manner as to result in a total sample representative of th.e wastewater discharge during the sample period. Tire Director may designate the most appropriate method (specific number and sire of aliquots necessary, the time interval between grab samples, etc.) on a case-bv--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.t Constant time/variable volume: a series of grab samplers 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 ith 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 rime/constant volume: a series of grab samples of equal volume collected over, a 24-hour period ttt 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 sue and of no less than 100 milliliters, Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page. 2 of 16 In accordance with (4) above influent grab samples shatl.l not be collected more than once per hour. Effluent grab samples shall not be collected more than of°ace 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, s tlow measurement g that occurs crithout interrupt ontina.tally except for the he flow devi..ce. )ughout the operating hours tirnes when there may be no flow o facihhn. Flow shall be frequent maintenance I)atly Ia,.charge The discharge of a pollutant measured during a calendar days or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of raise, 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 th ca dar month. Daily Sampling, Parameters requiring daily sampling shall be sampled 5 out ctf 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 firr any permit paramete.r(s), that requirement will be so noted on the Effluent Limitations and Monitori.ng Page(s). D\V'Q or `"the I Div isicar?''" The Division of V ater Quality, Department of Environment and Natural Resources. ENIC The North Ca"na Environmental Lanagement Commission. Facility Closure The cessation of wastewater treatment at to permitted facility, car the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow dais 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 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 tit aae not exceeding 1a 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 Cie Instantai aeoaas flow- measurvrnent y measure of flow taken at the time of sampling discharge. en both the sample and flow will be representative of the total Version 6120/2003 NPDES Permit Requirements Page 3 of 16 .Mo.nthly Average (concentration limit) The arithmetic mean of all "daily discharge' of a pollutant measured during the calendar month, In the case of fecal conform, the geometric mean of such discharges, Perrnit Issuing Authority The Director of the Division of Water Quahry. 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 Pollutann Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, Upset An incident beyond the reasonable control of the Pernuttee 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 thecase of fecal conform, the geometric mean of such discharges, Section B. General Conditions 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, 30G, 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)1 c. The Clean Water Act provides that any person who ne10e1714 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 $2,5.00 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. 111 the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both, [40 CFR 122.41 (a) (2)] Version 6120/2003 NPDES Permit Requirements Page ,4 of '16 d. Any person who knowinth 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 $1.00,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 1.22.41 (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 riot 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 andcan be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)1 f. Under state law, a civil penalty of not more than 525,000 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 14.3-21.5.6A 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 402of this Act. :Administrative penalties for Class 1 violations are not to exceed $1.0,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 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 122.11 (a) (3)1 Duty to Mitigate The Permittee shall take all reasonable steps to minimizeor 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 Criminalliability Except as provided in permit conditions on "Bypassing" (Part II, C. 4), "Upsets" (Part II. C. 5) and "Power Failures" Tart 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 Petraitteeis responsible for consequential damages, such as fish kills,. even though the responsibility for effective compliance may be temporarily suspended. 4. Oil. and Hazardous Substance Liabil 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 Perrnitteeis responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspende.d. Jropj,&ghts The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any .injury to private property or any invasion, of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of I 6 Severability The provisions of this permit are severable. If any provision of this permit,. or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8, Duty to Provide Information The Permitter shall furnish to the Permit Issuing Authority, within a reasonable tirne, any information which the Permit Issuing Authority may requestto 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 1 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 tees 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)1 a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For .the purpose of this Section, a responsible. corporate officer means: (a) a president., secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person Who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufactining, production, or operating facilities,provided, the manager is authorized to make rnan.agement 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 For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 1.22.22]. 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. Theauthorization 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 122.221 Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 c, Changes to authoriz.ation: 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 br 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 122.24 "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 MonitoritigYee Requirements The Permittee must pay the annual administering and compliance monitoring tee 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 15.A 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. e fac. • Comply with all other conditions of 15A. NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC A vacancy in the position of ORC or back --up ORC. 2. Proper Operation. and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The 'Permittee shall at afl 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 rnainten.ance 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 / 22.41 (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 e. of this section. b. Notice [40 CFR 122.,41 (m) (3)] (1) Anticipated bypass. If the Permittee notice, if possible at leaSt ten days anticipated quality and effect of the b (2) Unanticipated bypass. The :Permittee II. E. 6. (24-hour notice). knows in advance of the need for a bypass, it shall submit prior before the date of the bypass; including an evaluation of the ypass. shall submit notice of an unanticipated bypass as required in Part 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. 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 an. cipated 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 LL of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements Page Sof 16 noncompliance was caused by upset, and before an action for noncompliance,. s final adimnistrtuveadministrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: 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. Perinittee can identify the cause(s) of the upset; (2) The Permittee facihr ryas at the time being properly operated; and (3) The Permittee submitted notice of the upsei as required in Part IL E. (. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2, of this permit. Burden of proof [40 CFR 1.22.41 (n) (4)j: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, Or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215,1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR. Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicablerequirements 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 Pertnit 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 211,0124 — 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 s.hall. be taken at the monitoring points .specified i.n 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 or the Permit Issuing Authority [40 CFR 12141 cm. Reporting - Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1,1, 2,. 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDFS Pcrmit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent withaccepted 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 122,41.1. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the .most sensitive method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, .tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by. a.fine of not more than $10,000 per violation, or by imprisonment for not more than two .years per violation, or by both, if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR122.411. 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 Perrnittee shall retain records of all monitoring information, including: .> all calibration and maintenance records all original strip chart recordings for continuous monitoring instrumentation copies of all reports required by this permit copies of all data used to complete the application for this 'permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122,41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Perrnittee shall record the following information [40 CFR -122,411: a. The date, exact place, and time of sampling or measurements; h. 'The individual(s) Who performed the sampling or tneas-uretnents; c. The date(s) analyses were performed.; d. The individual(s) who performed the 'analyses; Version 6/20/2003 , • NPDES Permit Requirements Paw, to 416 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, t); a. t ac is located or conducted, or where c. itorlflg and control equipment), practices, d. Enter upon the Permittee's premises where a regulated faci records must be kept under the conditions of this permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including mon or operations regulated or required under this permit; and Sample or monitor at reasonable .times, for the purposes of assunng permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR t 22.41 ()]. Section E Reporting Requirements 1. Change L2chare All discharges authorized herein shall be consistent with the terms and condi.ti.ons 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. 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 122.4-1 (I)]. Notice is .required only .when: a. The alteration or addition to a perrnitted facility may meet one of the criteria for new sources at 40 CFR -1.22.29 (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) (I), e. The. alteration or addition results in a significant change in the Perrnittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of pen-nitconditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during. the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)1. 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)]. MonitoringJgQts. Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122,41 (I) (4)1. a. Monitoring results must be reported on a Discharge Monitoring Report (I)MR) (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 Pennittee monitors any pollutant more frequently than required by this permit., the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permir Requirements Page 11 of 16 6„ Twenty-four Flour Reporting a. The. Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health (yr 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)1, b. The Director may waive the written report on a case -by -case basis for reports under this section it the oral report has been received within 24 hours. c, Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662.-7956, (800) 858-0368 or (919) 733-3300, 7. Other, Noncompliance The Permitter shall report all instances of noncompliance not reported under Part 11, E. 5 and 6, if this permit at the time .monitoring reports are submitted. The reports shall contain the informationlisted in Part 11., E. 6. of this permit [40 CFR 122.41 (1) (7)1, 0 thInfctiost 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)]. 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 treaunent 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. Availabilit of Re. orts Except for data determined to be confidential under NCGS 143-215,3 (a)(2) or Section 308 of the Federal Act, 33 USC 13.18, 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 impositionof 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 perrnit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a frne Of Version 6/20/2003 NPDES Permit Requirements Page 12 of o not more than $.25,000 per violauoii. or by imprisonment for not more than two years per violation, or by both NOCFR 121411. 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 14.3-215.1C), The report shall summarize the performanceof 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 repori. 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 plantl.s treatment capacity, nor change the treatment process(es) utilizedat the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an ,AtC viIl 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): 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 perrait, .i.f that discharge will exceed the highest of the following "notification levels"; (1) One hundred ,micrograms per liter (100 ug/L); (2) Two hundred micrograms per liter (200 tig/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2.4-dinitrophenol and for Imethyl.-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 occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the perrnit, if that discharge will exceed the highest of the following "notification levels''; (I) Five hundred micrograms per liter (500 ig/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 subn-Ut a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit .Requirements Page 13 of 16 adverse impacts to waters of the State. This permitcannot 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 Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CAXT'A 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 revisedto specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 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; Petroleum oil, non.biodegradable 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 Perrnittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20 003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Programfor approval per 15A NCAC 21-1 .0907(a) or modify an existing Pretreatment Program per BA NCAC .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 211 .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 15.A NCAC 2.H .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. Industrial Waste Survey (DVS) 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 122.421. 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 C.FR 403,.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation:Tables In accordance with NCGS 143-21.5,1, 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., appropriatestandard 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 Head.works. 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 POT\X" as determined by the HWA. Version 6/20/2003 NPDES Pernut Requirements Page 5 of 't 6 6, thoia'ont ns t A o ttec 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. PO I The Perini fft rS; cticrn, surveil tend monti'tming 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 penntt� 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; bran & i4ltnir©ram shall conduct ins 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 flan (E$ The Permittee shall enforce and obtain appropriate remedies fs r ttfations 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. Pretteatrnent Ann al i ports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 21.1 .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 Pertnittee 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 Sil nificant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) e x Su at 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 Fprms NPDES Permit If.ertiremerits Wage'l6 of 16 Monitoring data from sarnples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be. reported on. Industrial Data Sumn?ary> Forms. (IDSF) or other specific format approved by the Division; Other Information Copies of the POTS'^'s allocation table,, new or modified enforcement compliance schedules, public notice ,of 'Us in SNC, and any other information, upon request, which in the opinion of the Director' is needed to determine compliance with the pretteatment implementation requirements of this permit;. Public Notice The Perrnittee shall publish annually a list of Sign icttut Industrial Users (SIUs) that were in Signifc nt Non -Compliance (SNC) as defined in the Pertruttee"s Division approved Sewer Use Ordinance 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. Record. Keeping The Pertnittee shall retain for a minimum of three years records of monitoring activities and results, along cith support information including general records, water quality records, and records ofindustrial impact on the POTW, 13. Funding and ITwr)ancialReport The Pertnittee shall maintain adequate funding and staffing levels to accomplish the objectives approved pretreatment program. 14. Modification to Pretreatment Prpgrar Modifications to the approved pretreatprogram including but not limited to al limits modifications, POTW monitoring of their Significant Industrial Users (SILls), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2HI ,O114 and 15A N CA C 2H .0907. Version 6,20/2003 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr,, Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Scou Moncrief Engineering Research & Develop Manger Livingstone Coating, Corporation Pot. Office Box 668267 Charlotte„ North Carolina 28266 Dear Mr. IVIoncrief; I)eceniher 22, 1997 DENR RAC,, reitt .61 14K1,LT1q.A.1„, DEC DD 991 t.1,16 Subject: Pe.rinit No. NC0086002 Authorization to Construc,,, I...jvingstone Coating: Corporation klecklen.burg County. A letter of request: -for an Authorization to Construct was received September 2. 19''..)7 by the Division and final plans and specifications for the proposed project have been reviewed and round to be satisfactory. Authorization is heaeby, granted for the construction of a 0.02.16 MC.LD groundwater remediation system consisting of a 500-gallon eclua lization tank, a totalizing flow meter, a 4-foot by 6-foot diffused aeratimi tank with blower, a collection tank, and an activated carbon adswption vessel with final discharge of treated ‘vastewat.er into an unnamed tributary to Long Creek which is classified. WS-IV waters in the Catawba River Basin, Please he advised that the following language was inappropriately placed in the cover letier to the final. permit: • It is the Divisions understanding that treated groundwater will be discharged to a drainage swale in a wooded area. The drainage Swale is the head waters area of a unnamed tributary to Long Creek. Sincethe, drainage area is hugely owned by a private individual Livingstone Coating Corporation must obtain permission from the- property owner prior to discharge appravaL Please, forward proper docurnentabon 1.e., letter) to the, Division verifying that the approval has been granted. It is the Division's understanding that the Permittoe's obligation was fulfilled once the adjacent iand owner WaS notified of the proposed discharge. The permittee .is not obligated to forward proper documentation 10 the Division verifying that permission has been granted from the adjacent landowner prior to discharge as stated in the final permit cover let ten This Authorization to Constructis issued in accordance with, Part Itt, Paragraph A of NPDES Permit. No. NC0086002 issued Sepiember 3, 1997and shall be subject to revocation unless the wastewateT treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0086002. P.Q. Box 29535, Raieigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative AcCon Employer 50% recycled/ 10% post -consumer paper PPIPIPPFP Permit No. NC0086002 Livingstone Coating Corporation Mecklenburg County Page 2 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance cc ndititns, the Pennittee shall take immediate corrective action, including those as may be required by this. Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. "The Moores Fille Regional Office, telephone number (704) 663-1699, shall be notified at least forty e.iglu (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor .shall be made (luting the normal office hours from. 8:00 a.m. until 5:00 p.nr. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted faciliity, a certification must be received from a professional engineer certifying that the perrn.itted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the NPDES Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Perrnittee. for the lifi irf the facility. The Operational Agreement between the Perrnittee and the Environmental 'Management Con rnissiorr is incorporated herein by reference and is a condition of this .Permit. Noncornpthe terms of the Operational Agreement. shall subject the Perrrr.rttee to all sanctions provided by 6. S. 143- 215.(i foz violation of or failure to act in accordance with the terns and conditions of this Petn� abide by the requirements contai enforcement action by the Division o. 143-215.6A to 143-215.6C. Construct may subjxec ith _North Carc, The issuance of this Authorization to Construct di es n.ot preclude the Ierrrrittee .from corn and a]1 statutes, rules, regulations, or ordinances which may be ini.posed i y other govern. (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications; is being f< r "axrded to you. questions or need additional information, please contact Mr. Jeff My a, telephone nurrber 5083, extension 597. Central NPDI S lvinit (ATC files) Mooresville Regional Office, Water Quality Technical Assistance and Certification Unit Mr, David E ". Gipe, P.E., Delta Environmental Permit No, NC0086002 Livingstone Coating Corporation Mecklenburg County Pace 3 Engineer's Certification* 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the- construction of the project, , for the Project Nam.e Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the Observation of construction of a 0.0216 MGD groundwater remediation systemconsisting of a 500-gallon equalization tank, a totalizing flow meter, a 4-foot by 6-foot diffused aeration tank with blower, a collection tank, and an activated carbon adsorption vessel, and all associated controls, piping and appurtenances for the above referenced project such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Si gnature • Date Registration No. Upon completion of construction and prior to operation of this permitted facility, a certification mast be received f rom a professional engineer certifying that the permitted facility has been installed in accordance vvith the NPDES Permit, this Authorization to Construct and the approved plans and specifications, Mail the Certi to JeffMyhra at ihe NPDES Unit,, P0. Roy 29535, Raleigh, NC 27626-0535, ROAD CL1 , !Fl=ICATIO L ; aatE>R avk r; xiO. i 8 58`'1 SCALE :24 000 CONTOUR. 1 Tc R AL C M State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E,, Director September , 1997 Scott Moncrief •ering Research & Develop Manger vingstone Coating Corporation Post Office Box 668267 Charlotte, North Carolina 28266 Subject.: Issuance of NPDES Perrnit NC0086002 Livingstone Coating Corporation Mecklenburg County Dear Mr, Moncrief: In accordance with your application dated January 31, 1997, the Division is forwarding the subject State-NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina. and the U, S. Environmental Protection Agency dated December 6, 1983. Please be advised that the following issue must be addressed prior to discharging treated groundwater form the subject facility: It is the Division's understanding that treated groundwater will be discharged to a. drainage swale in a wooded area. The drainage swale is the head waters area of a. unnamed tributary to Long Creek, Since the drainage area is largely owned by a private individual, Mr. Scott Moncrief, Livingstone Coating Corporation must obtain permission from. the property owner prior to discharge approval. Please forward proper documentation (i.e., letter) to the Division verifying that the approval has been granted. A review of the draft permit by the Di limitation on flow was not included in the draft petin.nit, Accordingly, this revision has been incorporated into the final permit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition„ conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North. Carolina 2761 '1- 7447. Unless such demand is made, this decision shall be final and birnding„ ted that an error was inadvertently made. A Please take notice that this permit is not transferable. Part II, E,.4,. addresses the requirements to be followed in case of change in ownership or control, of this discharge.. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal. Area Management Act or any other Federal or Local governmental permit that may be required, P.0, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper of lE` Permit (St2 ivingstone Coating C rp rati nr Page 2 of If xi. a have fquestions concerningthis permi , please contact Je 1 T73 - 08 , ext. 592, Central Files Mr. Roosevelt Chip Plat Source Compliance 1Jni' NPIDES Unit / Permit File Mr, David W. Gipe, Delta Environmental Consultants, Inc. 701 Carmel Road Suite 200 Charlotte, NC 2.82. 01 Sincer Yt at ephone iher Original Signed by .Atti , Preston 'I o vard, J RE. Permit No. NC0086002 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL. POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful st ndards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Livingstone Coating Corporation is hereby autlrori.zed to discharge wastewater from a facility located at the Livingstone Coating Corporation 240 Rhyne Road at NC 27-W Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Long Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ill, and IV hereof. The permit shall become effective October 1, 1997 This permit and the authorization to discharge shall expire at midnight on August 31, 2002 Signed this day September 3, 1997 tigina Signed By David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Managen ion is hereby authorized to: SUPPLEIVIENT TO PERMIT COVER SHEET Livingstone Coating Ccirnoration After receiving an Authorizi'ition to Construct from the Division of Water Quality, construct and operate a 0.II216 MGD groundwater mediation system consisting of an equalization tank, a diffused aeration tank, and an activated carbon adsorption vessel located at Livingstone Coating Corporation, 240 Rhyne Road at NO 27-W, Charlotte, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Long Creek which is classified Class NVS-IV waters in the Catawba River Basin. ROAD CLASSIFICATIO HIMARY NEGHWAY ARD SURFACE MOMMINMI ARY HIGHWAY RFAGF LIGHT -DUTY ROAD HARD OR IMPROVE© SURrAS: UNIMPROVED ROAD Latitude 65°17"20°" Longitude 80``58'16" Map # F15Sw Sub -basin 03-08.34 Stream Class ws-iv Discharge Class 66 Receiving Stream UT to Long Creek Design Q0.0216 MGD Permit expires SCALE 1:24 000 1 MILE 7000 FEET 1 KILOMETER CONTOUR INTERVAL 10 FEET LAD LOCATION Livingstone Coating Corp. NC0086002 Mecklenburg County A,(1), EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No, NC0086002 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow2 1,1-Dichloroethene 1,1-Dichloroethane 1,2-Dichloroethane 1,1 „1 -Trichloroethane Total X lenes Toluene Eth lbenzene Tetrachloroethene Trichloroethene Chloroform Chromium Iron Chronic Toxicit 3 Monthly Avera • e 0,0216 MGD Daily Maximum Sample Locationl Weekly Avera e MONITORING REQUIREMENTS Measurement Fres uenc Continuous Sample T se Recorder Grab Grab Grab Grab Notes: Sample locations: E - Effluent 2 If the discharge is not continuous, flow may be monitored weekly by an in antaneous flow estimate, Chronic Toxicity (Ceriodaphnia), P/F at 90%, January, April, July, October, See special condition A.(2), on the Supplernent to Effluent Limitations and Monitoring Requirements Page. There shall be no discharge of floating solids or foam in other than trace amounts. Special permit conditions applicable to the subject facility are listed on the Supplement to Effluent Limitations and Monitoring Requirements page. Perm i No, NV0086002 SUPPL EM E N-17 TO EFFLUENT LIM ITATI Nti AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A.(2), chronic TOxicitY. PaSSIF4i1 Perntit Lirni (Qrtrlyt The effluent discharge shall at no time exhibit chronic toxicityusing test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised :November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 90.0q,,,,;-, (defined as treatment two in the procedure document), The permit holder shall perform quart.erlv monitoring using this procedure to establish compliance with the permit condition, The tests will he performed during the months of January, April, jul:,v, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes, All toxicity testing results required as part of this permit condition will he entered on the Effluent Discharge Monitoring Form (MR-1.) for the month in which it as performed, .using the parameter. code TG.P3B. Additionally, DWQ Form AT I (original) is to he sent to the following tiddress: Attention: Enviraturiental Sciences Branch North Carolina Division of 'Water Quality :440l Reedy Creek Road Raleigh, 'North Carolina 27607 Test data shall be complete and accurate, and include till supporting ,chernical/physical measurements performed in association with the toxicity tests, as e Ias all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and .reported if c.hiorine, is employed for disinfection of the \vaste stream. Should there he no dischargeof flow from the, facility during a month in which toxicity monitoring is required, the pennittee willcomplete, the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe :number, COLTty, 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. S.hould the permntee, fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until suet) time that a single test is passed,. Upon passing, this monthly test requirement will revert to quarterly in the months specified above, Should any test data from this monitoring recitirement or tests performed 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. QC1, PIT Version 9196 SUPPLEMENT TO EFFLUENT LIMITATIONS AND moNiTiTORING REQUIREMENTS (Continued) SPECIAL CONDITIONS NOTEE: Failure to achieve, test conditions as specified in the cited document, such �iS Minimum WtArol organism survival, tuiniMUM control organism reproduction, and appropriateto be, completed no later than the last day of thenionth following the month of the initial envirmimental controls, shall constitute ,in invalid test and will require, immediate follow-up testing °_- hed tle of Compliance PART I The permittee; shall comply with Final Effluent Limitations specified for discharges in accordance. with the following schedule: Perrnittee shall comply with Final Effluent Li `nations by th specified below: Permittee shall at ail tirnds provide the operation and maintenance necessary to operate the existing facilities at optiru effi iency, effetie date o No later than l4 calendar days following a date identified in the per ittee shall submit either a report of progress or, in required by identified dates, a written notice of compliance or the notice shall include the cause of noncompliance, any probability of meeting the next schedule requirements: the permit unless the above schedule of compliance the case of specific actions being noncompliance In the latter case, remedial actions take, and the Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division', Means the Division of Water Quality, Department of Environment, Health and Natural Resources. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 1 of the permit. c. The "maximum daily discharge" is the total mass (%weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as"Daily Maximum," in Part I of the permit, d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported, This limitation is defined as "Annual Average" in Part I of the permit. Part :II Page 2 of 14 6 concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on. which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithrnetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric. mean of the counts for samples collected during a calendar week. This limitation is identified as Weekly Average" under 'Other Limits- 'n Part I of the perrnit, c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration'', It is identified as "Daily 'Maximum" under "Other Limits" in Part 1 of the permit. d. The "'average annual concentration,'" other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled. and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values), The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to .discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration for the discharge. It is identified as "daily average" in the text of Part I. f. The "'quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I ot the permit. g. A calendar quarter is, defined as one of the following distinct periods: January through March, April through June, July through September„ and October through December. Part II Pa 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when, there may be no flow or for infrequent maintenance activities on the flow device 8. Types of Samples a. Composite Sample: A composite sample shall consist of, (1) a series of grab samples collected at equal time intervals over a 24 hour per od of discharge and combined proportional to the rate of flow measured at the time of individual sannpk. collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system., or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time 'interval between. influent grab samples shali be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of t me not exceeding .15 minutes; the grab sample can be taken manually, Grab samples must bt. representative of the discharge or the receiving waters. 9. Calculation of Means a ArithmeticMean: The arithmetic mean of any set of values is the sumrnation of the in v dual values divided by the number of individual values, b, Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted. by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part 11 Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight ut the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous SubstancQ A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The perrnittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The perrnittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both., Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. lRef: Section 309 of the Federal Act 33 U,S.C. 1319 and 40 CFR 122.41 (all c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. Wel: North Carolina General Statutes -§143-21.5..6,A I d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class l violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed 525,000. Penalties for Class II violations are not to exceed $1.0,000 per dav for each day during which the violation continues, with the maximum amount of any Class ll penalty not to exceed $125,000, Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part ll, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit atter the ex this permit, the permittee Must apply for and obtain a new permit. Part 11 Page 6 of 14 10. Expiration of Permit The peii iittee 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. igratory Requirements All applications., reports, or information submitted to the Permit Issuing Authority shall e signed and certified, a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function„ or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit 'Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field., superintendent,. a position of 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 positiorL); and (3) The written authorization is submitted to the Permit Issuing Authority. c.. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information„ including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 • 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition, 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et, al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit, IThe exclusive authority to operate this facility arises under this permit. The authority to operate thefacility under previously issued permits bearing this number is no longer effective, I The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATI N D !vtAINTENAN E OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned t© the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter SA .0202, The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, 111, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Pro e and Maintenance The permittee shall at all times properly operate and maintain ail facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce nota De n It shall not be a defense for a permittee in an enforcement action that it wvould have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment, Eaci. a. Definition (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass, Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding lirriitations. The permittee may allow any bypass to occur which does nut cause efflucnt limitation to br exceeded, but only if it also is for essential maintenance to assure efficient operatior, These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. if the permittee knows in advance of the need frr a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part I1, B. 6.. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Pe a permittee for bypass, unless: (A) Bypass was unavoidable to prevent 1 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 adetluate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d_ (I) of this section. ssuing Authority may take enforcement action against personal injury or severe property Part1I Page 9 of 14 5. Upsets a . Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment tacilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and. (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit.. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7, Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated cftlut,nt. Part 11 Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. R Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent oins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority, 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the rnonth 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, shalt be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office. Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliabilityof measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device, Devices selected shall be capable of measuring flows with a maximum deviation of less than + 1.0% from the true discharge rates throughout the range of expected discharge volumes, Once -through condenser cooling water flow which is monitored by, pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR '136; or in the case of sludge use or disposal, approved under 4() CFR 136, unless otherwise specified in 40 CFR 503, unless other test: procedures have been specified in this permit To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements, and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part 11 Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than 110,000 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 irnprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permit .T'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 perrnittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample., measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the perrnittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated tacility or activity is locatcd 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 operationsregulated or required under this pei mit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as. otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part 11 Page 12 of 14 ECTIDN E. REPORTING REt!IREME:v Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit: 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 1.22.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permitter s sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act, Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) e P of this permit) or forms provided by the Director for reporting results of monitoring of slud ;a use or disposal practices. b. If the permittee monitors any pollutant mare frequently than required by the permit, using test procedures specified in Part 1I, D. 4, of this permit car in the case of sludge use or disposal, approved under 40 CFR 5f/3, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II. Page 13 of 14 6. Twenty-four Hour Reporting a The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance„ and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit„ (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part ll. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit, 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any repor.t to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate re nal 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 electricalfailures of pumps, aerators, compressors„ etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence, 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3tat(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 NCGS143-215,1(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 perrnit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART 111 OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification ievels"; (1) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (I mg/I) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. 11 STE G PART IV CONIPLIAN MO NTS 4 s nn` and comPliatice illee°n1'nt°1111g fee wi*thiner3i°n A. Tile musbet paythe thebilie‘jannbly'ajthe gFailaretisetothiPsaYDIlvie.sfioni a .timely manner acef #).--cYeswiafte*th.r15A NCAC 2H .0105(b)(4) ntay ea to irtittate action to revoke the pemitt. tate of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 2, 1997 Mr. J. Scott Moncrief Engineering Research & Develop Manger Livingstone Coating Corporation Post Office Box 668267 Charlotte, North Carolina 28266 }-1NJF1 111..C. Darr. Or fiLON NT, ttiv.A NATURAL R 3/T `r,ktrAtS JUL $ 1997 outtax OF fl,MVI.Et1411. ttTemAt aFfirf Subject: Draft NPDES Permit Permit No, NC0086002 Livingstone Coating Corporation Mecklenburg County Dear Mr. Moncrief: A draft copy of NPDES permit NC0086002 is attached to this letter tor your reve• and comment, Please review the draft carefully and submit any comments in writing, within 30 days. Please be advised that the following issues need to be addressed prior to finalizing the permit: • It is the Division's understanding that treated groundwater will be discharitedto a drainage swale in a wooded area. The drainage swale is the head waters area of a unnamed tributary to Long Creek. Since the drainage area is largely owned by a :private individual, Mr. Scott Moncrief, Livingstone Coating Corporation must obtain. permission front the property owner prior to discharge approval. Please supply documentation verifying that the approval has been granted (i.e. letter). • Please submit a solids waste management plan for Division review if solids generation is expected. If solids will not be generated on site, please supply documentation stating this fact. The Division would like to remind you that issuance of the subject permit does not give the facility perrnission to construct the treatment facilities. The facility must apply for an authorization to construct prior to comrn.encing construction activities. P.0,. Box 29535, Raeig.h, North Carolina 27626-0.535 Telephone 919-733-5083/FAX 919-733 071.9 An Equal Opportunity Affirmative Action Employer 5O recycled,' 10% post -consumer paper Draft NPDES ' it Permit No. NC0086002 Livingstone Coating Corporation Page 2 of If you have any questions regarding this rrt tt r, pleasecontact ,Jeff 73-08, extension . Sincerer" David A, Goodrich/ NPDES Group Supervisor r sville Regional Office, Water Quality Section Permits and Engineering Unit, Jeff Myhra Mr. David W. Gipe. P.E., Delta Environmental Consultant, In , Delta Environmental Consultants, Inc. 6701 Carmel Road Suite 200 Charlotte, NC 2,6- 1 Permit No. NC0086002 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QJALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL PQLLUTANT DISCHARGE ELIMINAT JUL 3 1997 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, Livingstone Coating Corporation is hereby authorized to discharge wastewater from a facility located at the Livingstone Coating Corporation 240 Rhyne Road at NC 27-W Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Long Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, Ill, and IV hereof, The permit shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission is h r bye authori d to: Perm No. 1C0086002 ST. PPI , MEN T' TO PERM T COVED S ET' wingstone Coatingrati rt ter receiving an Authorization to Construct from the Division of Water Quality, cons and operate a 0.0216 MGD groundwater r rn diatittn system consisting fan equalization tank, a diffused aeration tank, and an, activated b n adsorption vessel located at Livingstone Coating Corporation, 240 Rhyne Road at NC 27-W, Charlotte, Mecklenburg County (See PartIII of this Permit), and Discharge nom said treatmera works at the location s . zfi d on the attached t ap intt an unnamed d tributary to Long Creek which is classified Class DVS -IV waters in e Ca b River Basin. ROAD CLASSIFICATION PRPisARY HN.zH'WAY HARD SURFACE SECONDARY HIGHWAY HARD SURFACE LFGHTWDUTY ROAD, HARD OR RMPRpvED SURFACE UNIMPR©vED ROAD Latitude 35°17"20" Longitude e0°58`16" Map # FI5SW Sub -basin 03-08.34 Stream Class ws•Iv Receiving Stream UT to Long Creek Design Q 0.0216 MGP Permit expires emas Pond vv SCALE 1:24 000 7©0Q FEET I KILOMETER CONTOUR INTERVAL 10 FEET Livingstone Coating Corp. NC0086002 Mecklenburg County A,(1), EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS I-- NAL Permit No NC0086002 During the period beginning on the effective date of the permit and lasting until expiralion, the Permitlee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below EFFLUENT CHARACTERLS1TICS. F lo 2 -Dichloroethene -Dichloroethane ,2-Dichloro han Chromium Nickel Iron Chronic Toxicity3 Daily Maximufll 50,0 lig 25 0 lig/I MONITORING REQUIREMENTS ontinuous 2 / Month Monthly Monthly 2! Month Monthly Monthly 2 / Month 2 / Month 2 / Month 2 / Month 2 / Month Monthly Quarterly Recorder Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Composite Sample Locatio n Notes: Sample locations: E - Effluent 2 If the discharge is not continuous, flow May be monitored weekly by an instantaneous flow estimate. Chronic Toxicity (Ceriodaphnia), P/F at 90%, January, April, July, October, See special condition A.(2), on the Supplement to Effluent Limitations and Monitoring Requirements Page. There shall be no discharge ot floating solids or loam in other than trace amounts. Special permit conditions applicable to the subject facility are listed on the Supplement to Effluent Limitations and Monitoring Requirements page. Permit No. NC0086002 SUPPLE I TENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A.(2). Chronic Toxicity 'ass/Fail Permit Limit (Ortrly) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 90.0%© (defined as treatment two in the procedure document). The permit holder shall perform guarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 Test data shall be complete and accurate and include all supporting chemical/physi.cal 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 this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. QCL PIF Version 9/96 Permit No. NCOO 6002 SUPPLEMENT TO EFFLUENT LIMITATIONS AND ONIT RING REQUIREMENTS (Continued SPECIAL CONDITIONS NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum ... control organism survival, min` um control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require mediate follow-up testing to be completed no later than the last day of the month following the ninth of the initial monitoring, QC , P/F Version 9196 NOTIF PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 CATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed below effective 8/18/97 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 8/1/97 . All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina 27626-0535, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours,. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed per,uit should make reference to the NPDES permit number listed below, JUN 2 7 i997 Date A...A. Preston Howard ;lr., P.E., Director ? "" Division of Environmental Management Public notice of intent to issue a State NPDES pert it to the following: 1. NPDES No, NC0086002. Livingstone Coating Corporation, Post Office Box 668267 Charlotte, North Carolina 28266 has applied for a discharge permit for a facility located at 240 Rhyne Road at NC 27-W, Charlotte, Mecklenburg County. The facility proposes to discharge 0,0216 MGD of treated groundwater from 1 outfall into an unnamed tributary to Long Creek, a Class WS-IV stream in the Catawba River Basin which has a 7Q10 flow of 0 cfs and a 30Q2 flow of 0 cfs, For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed,