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NC0035408_Regional Office Historical File Pre 2018
State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E., Director March 16, 1995 DAVID STOUT BROYHILL FURNITURE I.t. #5 ONE BROYHILL PARK LENOIR NC 28633 Dear Mr. Stout: Nola. & NATURM. °.S MAR 22 1995 liikliAS�115i4H �fE$Y tl.E �1�t1AL 4{ElG �L�i Subject: Rescission of NPDES Permit No. NC0035408 Broyhill Furniture Ind. #5 Alexander County Reference is made to your request for rescission of the subject NPDES Permit. Staff of the Mooresville Regional Office have confirmed that your facility has attached to the Taylorsville Sewer System and the permit is no longer required. Therefore, in accordance with your request, NPDES Permit No. NC0035408 is rescinded, effective immediately. If in the future you wish to again discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES Permit. Discharging without a valid NPDES Permit will subject the discharger to a civil penalty of up to $10,000 per day. If it would be helpful to discuss this matter further, I would suggest that you contact Rex Gleason, Water Quality Regional Supervisor, Mooresville Regional Office at 704/663-1699. Sincerely, A. Preston Howard, Jr., P.E. cc: Mr. Jim. Patrick, EPA Alexander. County Health Department Mooresville Regional Office - w/attachments Permits & Engineering Unit - Dave Goodrich - w/attachments Operator Training and Certification. Facilities Assessment Unit - Robert Farmer - w/attachments Central Files - w/attachments Fran McPherson, DEM Budget Office Aquatic Toxicology - Larry Ausley - w/attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal opportunity Affirmative Action Employer 50% recycled/ 1 a% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, °Jr., P.E., Director Ir, David. Stout Otte :Broyhill Park Lenoir, NC 28633 Stout: 8 1994 iiimiught.141AtiNU111 E OFFICE In accordance with your applicationfc r dis acre forwarding herewith the subject state - NPDES the requirements of North Carolina flene ral Statue Agreement between North Carolina and the US F December 6, 1.983. Permit Neo. NC(Xl35408 Broyhill Furniture Ind, #5 Alexander County Tut. received. tin Jan uaaro' s permit is issued pursuant to 43_215 .l and the Memorandum of vironmental Protection agency dated If any parts, measurement frequencies or sampling requirements contained in this pear 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 150I3 of the'North Carolina General Statutes, and filed rith the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision ,shall be final and binding. Please take notice this permit is not transferable, Part I.1, E4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This pet ttait does not affect the legal requirements to obtain alter lerntits which a1ta.A loe= required by the Division of Environmental Management or permits require l by the Division of Land. Resources, Coastal. Area Management Act or any other Federal or I toc aal governmental permit that may be required. If you have any questions concerning this permit, please contact ;ifs. Robson at telep number 919/733-5083. cc: Patrick, EPA tvlooresville Regional Office P.C. Box 29535, Raleigh, North Carolina An Equal opportunity Attli7rnativo A 0535 Sincere,. 0rilinal '`pined By David A. Goodrich A. Preston Howard, Jr. Telephone 919-033-7015 FAX 919-733-2496 Permit No, 5408 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGE ' y j>r'r, ��F 2; hxN 1, NF A PERMIT TO DISCHARGE WASTEWATER UNDER THE pNA POLLU I I A pliance wit l a tire. provision of .North Cart ful standards and regulations pron-rulga: nagement Commission, and the Federal Water. Broyhill Fu A SEP 8 1994 F 1tdt &f Q1tilt MANAc r OFFICE Statute 143-21 ,1, id adopted by the North Carolina Lion Control Act., as amended, Industries, Inc. eby authorized to discharge.:rstewater from a. facility located at. "Fayiorsvi NC l.iighwa.y 90 North I-iiddenite Alexander County iving waters designated as an unnamed tributary try Bull Brag dance with effluent l.i. I, and 111 hereof. permit shall become effective October 1., permit and the authorization to 1. this day August 1 ch in the Yadkin -Pee and other con night on July 31„ 199„ A. Preston 11 .Division of En By Authority o By drich ard, Jr. P i ,, Director mental Management Environmental Manage on.rrtental River ion is h e a hi in I\l 408 lR l to . t L (lest A, ( TtliFiNT 1„1N 111A"FlONS AND MON lTORING REQU1l N1S SUMMER (April 1 - (ktolher 31) Perlin' No. W003'5408 ing lhcperiod locgi nn in g on Ole effecilve date of the peTtnit atid lasting until expiral ion, (IR lk is authorized to discharge from out fall(s) s(.Tiul number 0)1. Such discharges shall he Iiinned and imnitored hy the permittec as specified below: Effluent Characteristics Flow BOD, clay, 20°0. Total Suspendod 300 NH3 N Dissolved Oxygen Fecal ColilohT1 (geornethe nttean TotaJ Residua Chlorine Temperatuha Conductivity 0....riiarg.e1,-lrn F49.111rliNAvg. 0, 0 1 0 M(30 30.'0 rn;=)./i 30,0 m g I 2.0 mg/ 200 „O Bt 00 ml Qaity, Max ELQUI,U1q.Y, Continuous 45.0 mg/1 21Mont1r 45.0 m 9,H 2/Month 2/%1onth Weekly 400,0 /100 nil 2/Month 2/Week Weekly Weekly Reqvirements S a mple Recorder ()rah Grab Grab Grab Grab Grab Grab Grab 1?,1 Q_Qa USE) or E E E, U, D U, D E, U, D U, Suniple locations: i; - F1Ifluent, -nl0fl3, 1J -e!„.1fl 31\lU dclvIOC) f cot above outfall, - Downstream aproximately 300 feet bel,..)‘v out fall 111-1"' The daily aye -rage dissolved oxygen clf1uont conce,ntration shallnot be less than 6„0 The pH shall not he less than 6,0 starulard units nor greater than 9.0 stand arci units and shall be monitored 2/mondl at effluentby grab *, TThoc liaU be no discharge of floating solids or .visible foam in other than trace anon How 0t7D, 5 clay, 20 Total Suspended Residue NH3 as N Di:aaI r',ti ( {=raCar COli(c TcCOI tivty atrrt4,r pischar'ge __ Lpmitatirans Mori"thAY ...Avg 0.010 Mcir) 30,0 mgli 30L0 rnd/i 4,0 mg/E l'ir,^r°c, si);rli hL r11) cii I)as'5c i'rT ['oar Weekly Avg, No, N O(.) 354O8 age frcim Monitoring,._.Re.quiirut r rt Measurement S a r. P_4e ` S a rr, .p,.4. e. i ajy.... ig2( E +..cY Continuous Recorder 0 mgli 2/Month Grab 45.0 moll 2/Month Grab 2/Month Grab Weekly Grab 400.0 / 100 rni 2/Montb Grab 1rrra rrz 2 Week Crab Weekly Grab Weekly Grata (.0I"ri,f1 hrr4 shall be ir-ti)r1e(.i r t7 tl"+ti0[l: 11 E E U,D E,U,D F,U,D U, D _;h.ari __t..rt,ktr. i. t.ffectl e date of the le.ttr cs shall 'Doily Max Mori A ..q.. Ilt.i ghee e.Atka' inc tlrnhiCnt \,vater temperature to c.xec.( _c Shall Obtain aulthOrl!auon !TOM ih otiPermit). ndai .1 units n ty ()t t _•1 itatLons its. _ specif..y) Daily units, x M r tortn3Requrrements Mg_a.Suret j_I1t__._ _a__ni 1 F Sernbanr;1<<, ilyF Sem! Semi-annu zliy S..a_.u. ?.1Fp .1_e LQe t9n Estimate L Grab L G rra b E PPROfirEh) Part III Pertnil No, NC()O35408 E. The Pennittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The, Pennittee shall notify the Director in waiting not later than ninety (90) days prior to instituting use of any additional biocide used in the treatment system which rnay be toxic to aquatic life other than those previously reported to the Division of ETivironmental Management. Such notification shall include corupletion of Biocide Worksheet Faun 101 and a map indicating the discharge point and receiving stream, Concentrations of chniniitnn, copper, or zing added to biocides sh 11 not exceed applicable, water quality standards 0 action levels in the receixdng stream, as detenniried by calculations from the Biocide 'Worksheet Form. 101 with Supplemental Metals Analysis Worksheet. r 'tte • exisdng °iAe the f r ditch &e of pry rsaticc co cause or'no c hcd le require tDr rto co li n torts the la ,and the STA. The Director of t1 j E\i o;Vivjsioll Means the Division of Environmental Management, Depattrr ens of EttviGronment, Health and Natural Resources. PART CON i MONS R h'PDES Imo ' TS hision of Envirorune .r1C Used herein mean the North Carolina Envitonrraental Management Commission. 4. Act IT. "the Aet" The Federal Water Pollution Control Act, also known as the Clean Water Act", as arraended. USC 1251, et.. seq. �IDa\. {ealu!e-n,enu t. The month]; average discharge" is defined as the total mass of all daily dischar sampled anl'or measured during a calendar month on which daily discharges are samp and measured, divided by the number of daily discharges sampled andlor 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 b) the number of da the tests w ere reponed. The limitation is identified as "Monthly Average" in Past I of the permit. b. The "w eekl) age discharge is defined as the total rnus of all daily discharges sampled and/or measured during the calendar week (Sunday • Saturday) on which daily dischar es 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 w eights 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 Put I of the permit. c. The 'maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If Only one sample is taken during any calendar daythe weight of pollutant calculated from it is the 'mazirnurrt dailydischarge," This limitation is identified as "Daily Maximum," in Past I of the perm d. The. "average annual discharge' is defined as the total mass of all daily discharges $aarapled andlor treasured during the calendar year on which daily discharges are sampled and rr,e .sured, divided by the number of daily discharges sampled armdlor 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 sure by the number of days the tests were rep erred. This limitation is defined as "Annual Aerage" in Part I of the permit. a. The "average monthly concentration." other that( for fecal coliform bacteria, is vac sunn of the concentrations of all daily discharges sampled and/or measured duntng a calendarMath on which daily discharges are sampled an trneasured. divided by the number of daily discharges sampled and/or measured during such rrionth (arithmetic mean of the daily concentration values). The duly concentration value Is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic meat' (weighted by now value) of all the samples collected during that calendar day. The average monthly count far fecal coliform bacteria is the geometric mean of the counts for simples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Past I of the permit.. b. The "average weekly concentration," other than for fecal coliform bacteria. is the sum ofthe concentrations of all daily discharges sampled and/or measured during a calendar week. (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the cue of grab samples is the arithmetic mean (weighted by now 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 v. eek. This limitation is identified as "Week]y Average" under "Other Limits" in Put 1 of the permit. c. The "maxi rum 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 !oiaxtmurn Daily Concentration'. It is identified as 1►Sa.;imum" under "Other Limits" in Put I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on . which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the cue of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly taunt for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar }ear. This limitation is identified as 'Annual Average' under "Other Limits" in Fart I of the permit. e. The "daily average concentration" (for dissolved oxygen) is t of dissoh ed ox) gen required to be available in the effluen over a calendar day. If only one dissolved oxygen sample is t sample is considered to be the "daily average concentrati identified as 'daily average" in the text of Part k f. The "quaroerly average concentration" is the average of all samples taken over Talle r. It is identified as "Quarterly Average Limitation in the text of Part I of mum allowable asnotmt rior to discharge averaged over a calendar day. the or the discharge. Is is slender permit. g. a calendar quarter is defined as one of the following distinct periods: January through March. April though Tune, July through Sepsember, and October through December. (? GD): The flow limit expressed in this permit is monthly. It is determined as the arithmetic mean of e calendar month. b. An 'instantaneous flow measurement 24 hours average otal daily flows rec me re of flow taken at the time of sariplin when both the sample and flow will be representative of the total discharge, e. 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. Tres of Sz_' p111 a. Composite Sample: A composite sample sh (1) a series of grab samples collected at e dis:harge and combined proportional to the rate 0 individual sample collection, or a series of grab samples of equal volume collected over a 24 hour period wi ervals between samples determined by a preset number of gallons passi ling point. Flow ° measurement beta een sample intervals shall be deterrriin a flow recorder and totalizer, and the present gallon interval between sa on fixed at no greater than 1/24 of the expected total daily flow at the treatment or continuous sample collected over a 24 hour period proportions] to the rate of th (1) above, the time iruter°al between influent grab samples shall be no per hour, and the time irtteral between effluent grab samples shall be no per hour except at wastewater treatment systems having a detention time 24 hours. In such cases, effluent grab samples may be collected at time spaced over the 24 hour period which are equal in number of hours to the f the system in number of days. However, in no case may the time inter►'al. grab samples be greater than six (6) hours nor the number of samples less during a 24 hour sampling period. ab samples are individual samples collected ov _..utes; the grab sample can be taken manually. of` the discharge or the receiving waters. d b. Grab Sa exc rei:'eSenta L?a'cn 4f a Arithmetic individual b. Geometric 1` : The arithiruetic mean o s divided by the number of individual' or: a 24 hour ured at the period of time not b samples must be he summation of the an: The geometric mean early set of values is the Nth root of the product of the individual values where mean is a uivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For ,urposes of calculating the geometric mean, values of zero (0) shall be consiet7td to a one (1). Ix' is ual to the number of individual values. The geometric c. Weighted by Flow Value: 1it►'eighted by flow value means the summation of each concentration times its respective flow divided by the summation of the p+ecU V1 Cows. A calendar day is defined as the day. However. for purposes of represents the calendar day may be tsed of one day untli rid utive 24-hour grey od A dous substance means any substance designated under 40 Section 311 of the Clean Water Act. 12. Tiec Pelytardt A toxic pollutant is tiny pollutant listed as toxic under Secti 16 pursuant to 307(a)(I) of the Clean Vl titer Act. The perrraittee Hauer comply v'ith all conditions of this permit. Any permit noncompiisrtc�e constitutes a violation of the Clean Water Act grad is grounds for enforcement action; for permit termination, re\ocation and reissuance, or modification; or denial of' a permit renewal ad .1icauon. a. The perrnittee shall col}w 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 t e time provided in the regulations that establish these standards or prohibitions or standards for sew age 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 perswho w-iolates a permit condition is subject to a civil penalty not to exceed 525, per day for each violation. Any person who negligently violates ary permit condition is subject to criminal penalties of S2,500 to 525,004 per day of violation, or imprisonment for not more than 1 year, or both. Any persona who knowing'} violates perrnit conditions is subject to criminal penalties of $5,000 to 550,000 per day of violation, or imprisonment for not more than 3 years, or both. Aiso, any person v.ho violates a permit condition may be assessed an administrative penal not to exceed 510,000 per violation with the maximum amount not to exceed S125,0. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41(a)] c. Under state law, a civil penalty of not more than ten thousand dollars (S10,400) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requuements of a permit. [Ref: North Carolina General Statutes f 143.215.6A] d. An, person rn section 301, limitation i Act.Adrninist with the maxi be assessed an administrativejentity by the Administrator for violating 306. 307, 308, 3118, or 40 of the Act, or any perrnit condition or enting any of such sections ira a permit issued under section 402 of the penalties for Class 1 violations are not 10 exceed S10,000 per violation, ,r�tcrzrit of any Class I penalty assessed not to exceed S25,000. 41. Penalties for Clus 11 violations ere not to exceed S10.000 which the violation continues, with the muimurn *ount o exceed S125.000. Puz. to, firth The perm: or disposal in v human health or each day during 11 penalty not to able sups to znin=Mile or prevent erty discharge or sludge use rt which has a reasonable likelihood of adversely affecting Except as provided in perxrtit conditions ',Bypassing. (Part11 ms} Eand "Power Fans' Part II. C-?}, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to 1NCGS 1433- 215.6 or Section 309 of the Federal Act, 33 VSC 1319. Furthermore, the pe�ttee l s responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporutly suspended. 4. CYO: a.-�d_ zL�dous Suktta ce Li;b 1if} Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pe.nee from any responsibilities, liabilities. or penalties to which the permintee is or may be subject to under NCGS 143.215.75 et seq. or Section 311 of the Federal Act, 331. SG 1321. Further: -tore, the perminee is responsible for consequential damages, such as fish kills. even thou=h the responsibility for effective compliance may be temporarily suspended. Ri*ht, The issuance of this permit does trot convey any property rights in either real or personal proper). or any exclusive pri►µflees, nor does it authorize an y, injury to private property or any in►asicrs of personal rights. nor any infringement of Federal, State or local Ia s or regulations. Gr; ;re cr Qrfshcrec'onstruction This perrrtit does not authorize or approve the cons structures or facilities or the undertaking of any work 7. $e% era!^iii!Y The pro►isions of application of any p of such provision to other circuit thereby. onshore or offshore p able waters. verable, and if any provision of this perntit1 or the to any cvcumstaatces, is held invalid, the application d the remainder of this peanut, shall not be affiected re shall furnish to the Permit Issuing Authority, within a reasonable dine, any v► hich the Permit Issuing Authority may request to determine whether cause exists yoking arid reissuing, or terminating this permit or to determine compliance The perrnittee shall also furnish to the Permit Issuing Authority upon ecords required to be kept by this permit. 3 ©. E rat' s cif p i1 The perrnittee is not authorized to automatic authortzat'ar to discharge m. information, forms, and fees as are re than 180 days prior to the expirati da er the expiration date. expiration date, the permits by the agency authorized to iss Any rminee that has not requested rd on tee ppee 180 days prior to expiration. or any perrninee that does not have a permit after and has not requested renewal at least 180 days prior to expiration, will subject the enforcement procedures as provided in NCGS 143.215.6 and 33 USC 1251 et. seq. Skr at en Pequirement .�11 appliea,ians, reports. or inforrrtation submitted to the Pe signed and certified. a. AU permit applications shall be signed as follows: to receive submit such nuts no later •1.1 at least expiration permttsee to Author shall be (I) For a corporation: by a rtss onsible corporate *Mc For the purpose of this Section, a responsible corporate off cer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a pnncipai business function, or any other person w ho performs simi az policy or decision ma trig functions for the corporation. or (b1 the manager of one or more manufacturing production or operating facilities err, lo)ing 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, respecu'ely; or r a municipality. State. Federal,. cr other public agency: by either a principal utive officer or ranking elected official. b. ep^ns required by the permit and other information requested by the Perrrtit issuing shall be signs by a person described above or by a duly authorized ve of that person. A person is a duly authorized representative only if: All r Au repres (1) The authorization is made in writing by a person described above, (2) The authorization specified either an individual or position hay responsibility for the o1°erall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well Geld, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for enN iror,mental marten for the cornpany. (A dulyauthorized representative may thus be either a named individual or any individual occup)ing a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. C a 0 a document under paragraphs a. or b. of this secuon 1 certify, under penalty of Iaw, that document and all at were prepared under my direction or supervision d accordance with a system designed to assure that qualified personae: properly gather and evaluate the informauon submitted. Based on my inquiry of the person or persons who maaaga the system, or those persons directly responsible for gathering the information. the informauon submitted is, to the best of my no ►led;e and belief, true. accurate, and complete. I am aware that there are significant penalues for submitting false information, ,including the possibility of fines and imprisonment for knowing violations. " Mil Actieni This permit may be modified, revoked and reissued, or terminated for cause. The filingrf a request by the pe ranee for a permit rttodif cation, revocation and reittsuance, or termination, or a notification of planned charges or anticipated noncompliance does not stay any permit condition. 13. Pe y;t ."To The i modify]. by the law. l2? and 123. Titl Nora Carotin it�tr� Permit and Rely. sy e,orTe of prohibit th and reissuing the ions contained in A of he' oral Carolina Adrninis al Statute 143.215J et. al. rtatian uing authorir+° from reopening and terminating t e perrrait as allowed Code of Federal Regulations. Parts ive Code, Subchapter 2iif .0300; and All pre' ious National Pollutant 13ischarge Elimination System Permits issued to this facility, whether for operation or disc har e. acre hereby revoked by issuance of the permit. [The exclusive authority to operate this acility arises under this permit. The authority to operate the facility under previously issued perrni s bearing this number is no Ionger effective. ) The conditions, requtrernents, terms. and provisions of this permit authorizing discharge under the National Follutannt Discharge Elimination Sy stern gotern discharges from this facility. rtra a rt .�4?eD tl, l" Ctl~ l> tL 9 CONTROLS 1. Certife" ©aerator Pursuant to Chappter' 0A•44 of North Carolina General Statutes, and upon ctassification of the facility by the Ceniflcation Commission, the perrruttee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) o the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or ;,renter than the classification assigned to the wastewater treatment facilities by the Certification Corrurtis'ion. The perrniree must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 1 SA, Chapter SA .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class 1.1,1II, and IV facility at Ieast daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comp x with all other conditions of Title ISA, Chapter $.4.0202. Once the facility rs classified, the,permtnee shall submit a letter to the Certification Commission which designates the operator in responsi"le charge within thirty dati s after the wasteu ater treatment facilities are 50 % complete. The perminee shill it al times properly operate and maintain all facilities and syste.ms of treatment and control (and related appurtenances) which are installed or used by the pcmunge 10 achieve compliance with the conditions of this permit. Proper operation and maintenance also includes *deg? ate laboratory controls and appropriate quality assurance procedures.. This provision requires the operation of hack -up or auxiliary facilities or similar systems which are installed by a pc:mince only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Nee tD Hilt or Reduce noi.411)eferist It shall not be a defense for & permiuee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. B vr.c tin; of Tre Entirit Puclitics. a. Definitions (I) 'Bypass" means the diversion of waste sutarns from any portion of atreatment facility including the collection system. which is not a designed or established or operating rnode for the facility. "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 elence of a b) pass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be eveeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permee knows in advance of the need for a bypass it shall submit prior notice, fpossbIe 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 Pet II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) )pass is prohibited and the Permit Issuing Authority may take enforcement action against a perrninee for bypass, unleu: (A) 13; ;ass was unavoidable to prevent loss of life, personal injury or severe properly damage; (B) There w ere no feasible alternatives to the bypass, such as the use 1,f auxiliary treatment l3c.:1;6es, retention of untreated wastes or maintenance during normal (3) The perm permit. (4) The per:r� permit. d. Burden of proof. In vy enforcement prose has the burden of proof. )tee ,ore' eti,b�t:now. Ss,lids, nudges, filter backwash, or other po control of wastewaters 3ters shall be utiilized'dispose a mariner such a.5 to pre\ ent any pol'.L'trnt from sue or naves3He waters of the united StaiCS. The perm periods of equipment downtime. This eonditi n is trot 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 perrnittee submitted notices as required under Paragraph C. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after eonsiderirtg iiu adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section - on. exceptional incident in with technology based per beyond the reasonable control of the perminee. to the extent caused by operational error. inadequate treatment facilities, lack of Prevent) operation. Effect of an upset. An urset constitutes an a such technology based pe condition are met. No determe non:cmplian:e w as c=used by adrrtinistrstive action subject to ju ere is unintentiona cent limitations bec upset does not include operly designed treatment ac l tiers, maintenance, or careless o! defense to an action brought for noncom nt limitations if the requirements of paragre ion made during administrative review of c and before an action for noncompliane reti-iew. c. Conditions necessary for a demonstration of upset. e with of this ms that s final A Fe, rnittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly sipped, contemporaneous operating logs, or other relevant evidence that: (11 An upset occurred and that the perminee can identify the cause(s) of the upset; (2) The pe, n itree fsciliry was at the time being properly operated: and submitted notice of the upset as required in Part II, E. b. (b) (B) of thin I with any remedial measures required under Paz lI, B. 2. of this to establish the occurrence of an upset ed in the course of treatment or dance with tiCGS 143•215.1 and in .a from entering waters of the State all comply with all existing federal Kerning the dispose! of sewage slud e. Ltpon rornulgation of 40 CFR Part 503, ued by the Permit Issuing Authority for the uti izationldisposacable3reqof sludgerearraents aty be modified.d, or revoked end reissued, to into rate a pluim4p . The perminee shall co m I . with applicable 40 CFR Part SmeSt nd d dfo ththee osal of Sewage Sludge (when promulgated) witlti,n the ti P on, peen if the permit is not modified to incorporate the requirement. The per`mittee tify� the Permit Issuing Authority of any significant change in its sludge use or disposal s. 7. you er Fai1U . The ppermittee is responsible for maintaining adequate safeguards as real aired b y' L3 EM Regulation, 'Title 1SA, North Carolina Administrative Code, Subchapter 2H, .p124 Reliability to p revert the discharge of untreated or inadequately treated w st S o during or tat attctrical oAwef er failures either by means of alternate power sources, standby g inadequately treated effluent. SFSTION MO`7T©R1NOAND RECORDS 1, pr;!r(tntative San ling Samples collected and measuremenu taken, as required herein, shall be characteristic of the volume and narure of the permitted discharge. Sunples collected at a frequent}° less than daily shall be taken on s dad and time that is character's ttc of the discharge over the entire period v,hich 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 w actestream,, body of water, or substance. !Monitoring points shall not be changed without notifications to and the approval of the Permit Issuing Authority. Rs,' -ling :lionitc+riing results obtained during the ppre doss month s) she)! be su d on a month)) Discharge Monitoring Repo ) Form i• a forms approed by the Director, DE , ked no Tat se completed reporting period. The first DNS is due on the last day of the month followin case of a new facility, on the last day of the month follow in Duplicate signed copies of these, arid all other reports requir following address: d for each month No. MR1,1.1,2. an the 30th day ounce of the permit or in the omrnencement of discharge. herein, shall be submitted to the Division of En -iron rnenta3 Management Water Quality Section ATTENTION: Central Files • Post Office Box 29535 Raleigh, North Carolina 27626-0535 Fin '.'+Sea uremenU Appropriate flow measurernent devices and methods consistent with accepted sientitit practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability" of that t� pe of device. Devices selected shall be capable of measuring flows with a maximum devi3aIon of less than + 107 from the true disclir.rge rates throughout the range of expected discharge volumes. ©nct-through condenser cooling water flow +arvhi is monitored by pump logs, or pump hour meters as specified in Part I of this perrnit and based on the mnanufacturez's . pump curves shall not be subject to this requirement. 4. Tect Procedures Test procedures for the analysis of pollutants shall conform to the VAC reSttlations published pursuant to 1ICGS 143.215.63 et. seq, the Water and Air Quality Reporttn Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporunglevel of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting le►els 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 Ter,t ering The Clean Water Act provides that any person who falsifies, tampers with, cur knowin ly nders inaccurate, any, monitoring de►•tc+e or method required to be maintained under the rmit shall, upon conviction, be punished by a fine of not more than 510,O00 per violation, ox mprisonment for not more than two years per violation, or by both. If a conviction of a on is for a violation committed after a first conviction of such person under this paragraph, thrnent is a fine of not more than S: 0,000 per day of violation, or by imprisonment of not an 4 ►ears, or both. 7. Retention Except for records of monitoring information required by this perrxtit related to t sewage sludge use and disposal cacti►ties, which shall be retained for a period of a years (or ton er as required b} 40 CFR 503), the perrnittee shall retain records 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, rr easurement, report or application. This period may be extended by request of the Director at any *ice ment or sample taken pursuant to the requires perrnittee record the following information: a. The date. exact place, and time of sampling or measurements; b. The individuals) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individuai(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. The permit ' contractor actin ether documents as tor. or ive of the iced by Iav►•, a. Enter upon the pennittee's premises wi conducted„ or where records must be kep sori• ed representative (' eluding an authd upon the presen on of credentials and a regulated facility ar ttctiv Y ii located der 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. equip rnent (including monitoring and control equipment), practices, or operations regulated rrequired 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. ,SFCT1O\! R1+ CRTNO REQUIRE\IEN?S 1. Ch&r;e ir, DiS:ha ge Al! dischages authorized herein shall be consistent +s•ith the terms and conditions of this ermit. The discharge of any ptIlutsrtt identified in this permit more frequent!)• than of at a. e►el in excess of that authorized shall constitute a violation, of the permit. ed Cha: CCU The rerrnittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. lx'otice is required only when: a. The alteration or addition to a permitted fa:ilitr tartar• meet one of the criteria for determining W hether a facil'it,° is a new source in 40 CFR ''art 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit. nor to notification requirements under 40 CFR Part 122.42 (a) (l). c. The zltePation or addition result disposal practices, and such alternation, a permit conditions that are different from of notification of additional use or disposal sites prt+cess or not reported pursuant to an appro►ed putd rminee shall give ad►ance notice to the or act!►•itv which may result in noncompliance hange in the perrnittee's sludge use or r change may justif the application of bsent in the existing permit, including ported during the permit application application plan. ed changes in the equirements. reed Trrsfers rmit is not transferable to any person except uire rriodificatsor or revocation and reissuance uirements as may be necessary under the Clean 'psi Monitoring results shall be repented at the intervals specified e' a. Monitoring results must be reported on a Discharge Monit D. 2 of this permit) or forms provided by the Director for re sludge use or disposal practices. b. lithe perminee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 11, D. 4. of thrs permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the resulu of this monitoring shall be included in the calculation and reporting of the data submitted in the o the Director. The Director rmittee and incorporate such c. Calculations for all limitations which r t. Report (DMR) (See Part i . ring results of monitoring of veragina of ttatasuremenu shall utilize art arithmetic mean unless otherwise specified by the Direct shall report to the central office or the sppropristc re ional office any v.hich may endanger health or the environment. Any information shall be .,..y, within 14 hours from the time the perrnittee became aware of the nces. A Written submission shall also be provided within 5 day.s of the time the becomes aware of the circumstances. The written submission shall contain a of the noncompliance, and its cause; the period of noncompliance, including and tames, and lithe noncompliance his no been corrected, the anticipated tirne ed to continue; and steps taken or planned to reduce, eliminate, and prevent of the noncompliance. b. The folio %ing shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds awry effluent Iirnitition in the permit. () Any upset which exceeds any effluent Iirnitation in the permit, (3) violation ofa maximum daily discharge limitation for any of the pollutants listed by the Director in the. permit to be reported wrthan 24 hours. c. The Director may waive the written report on a ease•by-ease basis for rr paragraph b, aboNe of this condition if the oral report has been received within 7. Other Noncom Banes The r criiiiree sh311 report ail rrstances of noncompliance not reported under Past fI. E. d and 6. of this permit at the time rnonitoritag reports are submitted. The reports shall contain she infarrn3tion lived in Part 11. E. 6. othis permit;.. worts under 4 hours. mes aware that it failed to submit any teleran facts in a permit incorrect infoman on art a permit application or sn any° report to the submit sucb facts or information. shall report by telephone to either the central office or the appropriate regional as soon as possible, but in no case more than 24 hours or on the neat day following the occurrence or lust knowledge of the occurrence of any of the a. Any occuce at the water pollution control facility which r+sutts in the discharge of significant arnounts of wastes which are abnormal in quantity or charactensuc, 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 tareatment facility resulting art a bypass direct)) to receiving waters without vestment a f aI1 or any portion of the influent to such station or facility. Pcrson$, reporting such occurrences by telephone shill also file a wrxttenreport in letter forth • win 5 days follotiving first latowledge of the occurrence. ofRe errs r data determined to be confidential under NCGS 143.215.3(a 2) or Section 303 of ral Act, 33 LSC 1.31 g, all re ores prepared in accordance w•itlt the tennis shall be for public inspection at the offices of the Division of Environmental Trtanagernent. As b) the Act, effluent data shall trot be considered confidential 'Knowingly rttaking any ten -en: on any such report may result in the imposition of criminal penalties as ,provided n NCGS 143.215J b)(2) or in Section 309 of the Federal Act. sificalion diteztii 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, bepunished by a fineof not more than S14,4O0 per iolation, or by imprisonment for not more gran two years per violation, or by both. PART III OTHER REQUIREMENTS A. constr;ti r No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. E. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe; a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and ac-ylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,.on a non routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels°"; (I) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mgll) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaljjate Alternatives to Wastewater Discharees The permute 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. i lust pay the tevg and compliance being billed by the Division Failureto pay the fee indrtaei zzt ue i r" NCAC 2H .0105(b)(4) may cause this Division to mitiate revoke the PERMIT NO.: NC003 408 Broyhill Furniture Indu.str Taylorsville Plant PERMT1TEE NAME: FACILITY NAME: Facility Status: Existing Permit Status: Renewal NPDES AS LOAD ALLOCATION s, inc. Major Minor Pipe No.: 00 Design Capacity: 0.010 MGD Domestic (% of now): Industrial (% of Flow): 100 % C. TYCIrT, Of 14 8 v, sOtly: cts 8,4 COM MI V 101:.ti 71,1„OV ' 6 \995 Vika 10,a Comments: 001 is domestic waste treatment system 002 is non -contact cooling water which uses NO biocides RECEIVING STREAM: an unnamed tribu Class: WS-LI 03-07-06 Reference USGS Quad: D14NE County: Alexander Regional Office: Mooresville Regional Office ranch (please attach) Previous Exp. Date: 7/31/93 Treatment Plant Class: Classification changes within three miles: Requested by: Prepared by: Susan Robso Reviewed by: ( 6 ;,Ak PLC.- t ,z) Date: 3/22/93 Date: 93 Date: b,5t Modele. Da Drainage Area (mi2 0, 13 Avg. Streamflow (cfs): E2, 1 3 7Q10 (cfs) 12 Winter 7Q10 (cfs) 0 30Q2 (cfs) 0, ec. Toxicity IWC Instream Monitoring: Parameters Upstream Downstream Effluent Characteristics BOD(mg/1) NH -N (mg/0 3 D.O. (ing/t) TSS (mg/1) F. Col. (/100 ml) pH (SU) Acute/Chronic FEJL &L PtiiTi Location 4 Lr O Upcii?-A, Location Summer 6 -1 Winter ,3(2 L Z,P0 Comments: cntt..1-i-,-/ Cos -1\2) i La.{ -774 [AL1.v 4iP F,yi Ai;lev-A)Art \i(L.-5 ( kor Facility Name: NPDES No.: Type of Waste; Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request; Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Broyhill Furniture/TaYlorsville P NC0035408 Domestic - 100% Existing Renewal UT Bull Branch (HQW) 030706 Alexander MRO 74ic S. Robson 3/22/93 D14NE Request # lam 7378 C. DOIF JUN 2 2 1993 ITP-17 11C417J/dekt poill /1,1-Wan' DE WIT.LOIWENT plvisiott GJ umpty..kmit. mu ifoonaviu liftatig orrcE Stream,Characteristic: USGS # Date: 0„13 Drainage Area (rni_.. 2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): 0 0 0.13 0.05 100 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Broyhill Furniture discharges domestic waste into a 0 7Q10s/ + 30Q2 stream. Bull Branch was recently reclassified as WS-II (8/92). WS-I and WS-II are considered HQW and are subject to the antidegradation rules. Since this facility is not expanding, existing limits will be applied, The ammonia/tox choice will be applied, however, due to the sensitive nature of HQWs„ Should the facility plan to expand their wasteflow in the future, they would be subject to limits of 5/2 as well as the rest of the limits specified in 15A NCAC 2B .0201 (for a 0 7Q10/ + 30Q2 discharge), Per K. Colson (MRO), the facility is appx. 1 mile from the Taylorsville WWTP sewer line (which is higher in elevation). Connection may not be economically feasible but should be investigated 1: (possibly through alternatives analysis- MRO and P&E should comment). Special Schedule Requirements and additional comments from Reviewers: - C * Pi 1Q. le-ot- 1l47-1 F y 'FS Ftla)- n; 5 hz_=4 ij) c.o., Ck(-11,-61 Recommended by: Reviewed by Instream Assessment: Regional Superviso. : Permits & Engineering: fl RETURN TO TECHNICAL SERV Date: Date: 6 1993 CES BY: rA 1'1 1:4[ 2 CONVENTIONAL PARAME FRS Existing Limits; Monthly Average Summer Winter Wasteflow (MGD): 0.01 0.01 BOD5 (mg/I): 30 30 NH3N (mg/1): DO (mg/1): 6 6 TSS (ingil): 30 30 Fecal Col. (/100 ml): 1000 1000 p11 (SU): 6-9 6-9 Residual Chlorine (pg/1): Toxicity testing: TP (mg/1): TN (mg/I): Recommended Limits; Monthly Average Summer Winter WQ or EL Wasteflow (MGD): 0,01 0.01 BOD5 (mg/1): NH3N (mg/1): 1.8 DO (mg/1): -6-- TSS (mg/1): Fecal Col, (/1 00 ml.): pH (SU): Residua] Chlorine (.tg/1): Toxicity testing: TP (nag/1): TN (mg,/1): ** 30 200 6-9 30 200 6-9 Chronic Qtrly P/ g% c)-9 lo - fert 1t17. **NOYE Facility should have a choice 'between an NH3-N limit of :1. mg/1 (summer) and 1.8 rng/1 (winter) or quarterly chronic toxicitytesting at 90%. The region should inform TSB of facility's choice. (.4:;•ii,5' 4yi,o) Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information Parameter(s) Affected none at this time Fecal coli, -N/tox Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed., OR No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream. Location* at least 100 ft upstream Downstream Location: at least 300 ft downstream Parameters: temperature, DO, Fecal colt, conductivity Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION SPECIAI CONDITIONS Adequacy of Existing Treatment. Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no, which parameters cannot be met? _ Would a "phasing in" of the new lirnits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: f no, why not? Special Instructions or Conditiot Wasteload sent to EPA? (Major) N (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional information attached?N (Y or N) If yes, explain with attachments.