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NC0059749_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 September 27, 1994 JOSEPH A HOWELL H©WELL'S CHILD CARE CEI CER INC 14999 ALBEMARLE ROAD CHARLOTTE NC 28212 Subject: Dear 'Mr. Howell: �N.4 t.t DEM'. OF :ON t ENT, HEALTH, , � tn.RESOURCVS S P no 1994 N"YiRI Expiration of NPDES Perrot No. NC0059749 Howell's Child Care Center, Inc. Cabarrus County Reference is made to your request for rescission of the subject NPDES Permit. Our Mooresville Regional Office has confirmed that this facility has attached to the Cabamis County Sewer System and that this NPDES Permit is no longer required. Therefore, NPDES Permit No. NC0059749 is allowed to expire, effective immediately, If in the future you have any need for a NPDES Permit, 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 S10,000 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: Cabarrus County Health Department Mooresville Regional Office - wr/attaclrr'<rer is Permits & Engineering Unit - Coleen Sullins - w/attachments Fran McPherson, DEM Budget Office Operator Training and Certification Technical Support Branch Facilities Assessment Unit - Robert Farmer - w/attachments Central Files - 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/ 10% post -consumer paper DIVISION OF ENVIRONMENTAL ANAGEMENT Sep ember 22, 1994 Me o To: ..,)Dianne ann 'illie n ilbur . From: Rex Gleason Prepared BY Samar ou-Gha ale Subject: SEP Howell's Child Care Center, Inc.,t 1UPF ESS; UgUMT NPDES Permit No. NC0059749 Cabarrus out This office has confirmed that Howell's Child Care Center', Inc. , has connected its wastewater discharge to the Catarrus County Nate and Sewer Authority. Therefore, it is recommended that the permit be rescinded as requested.: If you have a.y questions regarding this matter, please advise. SBG CERTIFICAT ON OF PERMIT FACILITY NAME PERMIT NO. REGIONAL OFFICE COUNTY I CERTII`' TIAT I V CO RSONAL KNOWLEDGE SITE VISIT THAT THIS FACILITY N REFERENCED PERM T B D BY ACTIVATIO LONGER NEEDS ABOVE CAUSE THE FACTT,I C'Y WAS { } NEVER CONSTRUCTED { k1 O 'TIER (PLEASE SPECIFY) I I ABANDONED /7-71 e.4/43 4- 76 i c ' R 'J "Disc Ste + 741 THIS PERMIT SHOULD BE DELETED FROM THE PERMIT TRACKING SYSTEM AND THE DIVISION BILLING SYSTEM AND IF NECESSARY INACTIVATED ON THE COMPLIANCE MONITORING SYSTEM. CERTIFIER'S N DATE . 5 TOTAL P.01 RETRIEVE OPTION NPDES FACILITY AND PERMIT DATA TRXID 6NU KEY NC0059749 ERSONAL DATA FACI TY APPLYING FOR PERMIT REGION FACILITY NAME> HOWELL' S CHILD CARE CENTER INC COUNTY> CABARRUS 03 ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED) STREET: 14999 ALBEMARLE ROAD STREET: 14999 ALBERMARLE ROAD CITY: CHARLOTTE ST NC ZIP 28212 CITY: CHARLOTTE ST NC ZIP 282 TELEPHONE 704 545 7200 DATE FEE PAID: 12/06/93 AMOUNT: 200.00 STATE CONTACT> WILSON PERSON IN CHARGE OSEPH A HOWELL 1=PR POSED, 2=E. IST, 3= LOBED 1 1=M :JOR, . = INOR 2 1= i, 2=NON-NUN 2 LAT: 3514330 LONG: 08036170 N=NE , MO IEI :ATI N,R REI UE> R ATE APP RCVD 12/06/93 WASTELOAD REQS 02/01/94 ATE STAFF REP REQS 12/17/93 W'A ST LOAD RCVD 02/01;/94 ATE STAFF REP RCVD / SCH TO ISSUE / / ATE TO P NOTICE DATE DRAFT PREPARED ATE OT AG COM REQS r DATE DENIED ATE OT AG COM RCVD / / DATE RETURNED ATE TO EPA ATE FROM EPA EE CODE 4 1= 10MOD),2 , (P49,73)8 GP76)9=(° 1 C?N MENTS 6 8/15/94 ESSAGE: DATE ISSUED 4/ EXPIRATION DATE 08/ (>1 OD),3=(>0. 1NGD), 4=(<0. 4,30,52)0=(NOFEE) DIS/C 12 6/92 ASSIGN CHANGE PERMIT 94 GD), = F,6=(GP25, 4,7 ),. CONBILL ( �l E✓ '�..%"� �, a�'" _„"" ' r" C.—""` t'�� .e,". � as �"" .. 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., B.E., Director September 30, 1993 David R. Howell 101 Howell Drive LaGrange, North. Carolina 2551 Subject: Permit No. NC059749 Howell's Child Care Center Cabarrus County Dear Mr. Howell: In accordance with your request for modification of the subject discharge permit , we are forwarding herewith the subject state - NPDES permit. The modification consists of revising the compliance date to August 31, 1994, for eliminating this discharge or meeting the more stringent limits. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 11, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management. Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Coleen H. Sullins at telephone number 919/733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr. cc: Mr. Jim Patrick, EPA Mooresville Regional. Office Facilities Assessment Unit P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919.733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Jim Patrick, EPA►: Stokes County Instteam Assesmient Unit Facilities ss ssme t Unit Budget Office - F McPherson Cn *; . Files Tom New, , up .rint nd nt of Public Utilities Marziano & Minter, P.A. Permit No. NC0059749 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General. Statute 143-21.5.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal. Water Pollution Control Act, as amended, Howell's Childcare Center, Inc. is hereby authorized to discharge wastewater from a facility located at Howell's Childcare Center, Inc. paved road off NC Highway 24/27 northeast of Allen Cabarrus County to receiving waters designated as an unnamed tributary to Caldwell Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth Parts I, II, and III hereof. This permit shall become effective September 30, 1993 This ped the authorization to discharge shall expire at midnight on August 31, 1994 Signed this day September 30, 1993 original Signed By Coleen h-1. Sullins A. Preston Howard, Jr., P.E. Director Division of Environmental Management By Authority of the Environmental Management Commission is hereby authorized to: Pe "t No NC0059749 SUPPLE TO PERMIT COVER S Howell "s Childcare Center, 1, Continue to operate existing wastewater treatment facility located t Howell's hildcCenter, Inc„ paved road off NC Highway 24/27, northeast of Allen, Cab s County (See Part f l of this Permit), and 2After receiving Authorization to Construct from the Division of Environmen ; age rtt, connect to the Cabarrus County wastewater treatment facility or construct and operate additional facilities needed to meet the final effluent limitations and conditions of this permit (See Part 1 of this permit), and 3 Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Caldwell Creek which is classified Class C waters in the Yadkin -Pee "v r Basin., A. ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0059749 During the period beginning on the effective date of the permit and lasting until August 31, 1994, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Flow BOD, 5 day, 20°C Total Suspended Residue NH3asN Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Dissolved Oxygen Conductivity Effluent Clt ractertstics Monitoring Require ent Measurement ati_fwt Frequency Ty©e 2/Week Instantaneous 2/Week Grab 2/Week Grab 2/Week Grab 400.0 /100 mI 2/Week Grab Month tr Avg, 0.015 MGD 30.0 mg/I 30.0 mg/I Wee :ly Avq, 45.0 mg/I 45.0 mg/1 Daily Grab 2/Week Grab 2/Week Grab 2/Week Grab E E E IJ,D E E,U,D U,D U,D * Sample locations: E - Effluent, I - Influent, U - Upstream above the discharge point, D - Downstream below the discharge point at the mouth of unnamed tributary., If inaccessible monitor 200 feet below the discharge point. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2J'week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONIT©RING REQUIREMENTS W NTER (November 1 - March 31) Permit. No. NC0059749 During the period beginning on September 1, 1994 and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permit tee as specified below: Effluent Characteristics Discharge Limitations 1M4nthly Avg. Flow 0.015 MGD BOD, 5 day, 20°C 10.0 mg/I Total Suspended Residue 30.0 mg/I NH3asN 4.0 mg/I Dissolved Oxygen'. Fecal Coliform (geometric mean) 200.0 /100 ml Total Residua Chlorine Temperature Conductivity Weekly Avg, Monitorinenta IftaAgren n j1np1V ' aamp.le ?allr�'n Frequency I.sicatf©n Continuous Recorder E 15.0 mg/I 2/Week Grab E 45.0 mg/I 2/Week Grab E 6.0 mg/I 2/Week Grab E 2/Week Grab E, U, D 400.0 /100 mi 2/Week Grab E, U, D 17.0 ug/I Daily Grab E 2/Week Grab E, U, D 2/Week Grab U, D * Sample locations: E - Effluent,l Influent, U - Upstream above the discharge point, D -- Downstream below the discharge point at the mouth of unnamed tributary. If inaccessible monitor 200 feet below the discharge point. **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/week at the effluent by grab sample. There shall be tto discharge of floating solids or visible foam in other than trace amounts. A. ( ).. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April I - October 31) Permit No. NCf Dunng the period beginning on September 1, 1994 and lasting until expiration, the Permittee is authorized to discharge from, outfa number 001.. Such discharges shall be limited and monitored by the permittee as specified below: 9`49 (s et Mien Characteristics Discharge Limitations Mac nitc r.ing R quire eats !►e_areminl__ Sample 'Sample Monthly Avg, Weekly—ALvg.. Daily Max Frequency Type Location Flow 0.015 MGD Continuous Recorder E BOD, 5 day, 20°C 5.0 mg/I 7.5 mg/I 2/Week Grab E Total Suspended Residue 30.0 mg/l 45.0 mg/I 2/Week Grab E NH3 as N 2.0 mg/I 3.0 mg/I 2/Week Grab E Dissolved Oxygen— 2/Week Grab E, U, Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Week Grab E. U, D Total Residual Chlorine 17.0 µg/I Daily Grab E Temperature 2/Week Grab E, U, D Conductivity 2/Week Grab U, D * Sample locations: E - Effluent, I - Influent, U - Upstream above the discharge point, D - Downstream below the discharge point at the mouth of unnamed tributary. If inaccessible monitor 200 feet below the discharge point. **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/wcek at the effluent: by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Secticm B. Schedule of COMpliance 1. The pernnttee shall co ply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Submit plans and specifications for review and upon approval, complete connection to the Cabarrus County collection system by August 31, 1994 and eliminate disch e from wastewater treatment facility no later than August 31, 1994. 2. Pe °tee shall at all times provide the operation. and mainteliance necessaty to orxrate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date iilentifiecl in the above schedule of compliance, the ii,ermittee shall submit either a report of pro ss or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions en, and the prob. eility of meeting the next schedule requirements. -Itwrad oqi jo I ued ut o raAN/ Ienuuy„ se [no:pp st uoreliwcj stti-I rauodar o1oM stsol ot{1 s,Sep jo iaquanu otp q urns sail SucpcAcp uou0 pue rea,S jo Sep t{:eo punoj sluelniiod jo siq pM ati Sucppe ,Sq punoj treat"! oclawtiltse ue 'a ojalati3 `sc 1I °reo4 tans Sucsnp pamseatu Jo/pue paidures saSretiosp-p SIFE? jo 1;gternu oc{1 Sq papL,rp'pa.tnseatu put; poidwes are soSsegosgp Sicep tioctot uo reoS repuoiea at{I Sutrnp pornseaw 1O/pus paidures soS.retiascp Ai 'p fie 3o ssetu oqt SE pouuop st „oSregoscp [moue oSelaAe„ otu, ztw.tod 2q2 jo I lied If! ,.`umunxel1 Shea„ se pa3auapc sc ucrtrEtcum scLi,I, „-ol'retiosrp Sop tunLu xetu„ ot{t sc It tuolj paieinopo tuelnitod jo ItiScoM ot{t ,Sep rzpuorea Sue Suunp uovlst oidures oua S uo jI -Se? itpuo[-ea e Suunp paSrepsrp Itretniiad a jo (142coM) ssetu itrral otp st „aSret osrp ,{irep tuntutxteul. ota #� ,nw d oql jo I ured to uoie1?A'd S4Ioo, °, se pogo pc sc uomeicurri situ pi ouodor 21Vtit slsoi o(gi sSep jo lagtunu otp Sq urns scgi Surptrrrp not pue Aoo, ,, ;q3 jo Sep Liaeo punoj slue-Iniiod jo s1t13!on ate Surppe Sq punoj ueow opurtficre u$ `o..rojoiotp is! 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"Ituuod aqt 3o I tied uc ,.o!eroAy ,Sttpuo 4L 58 patjtluopc sr uapmcurti ota °pouador oroM s1s2i aqi sSep jo rogtunu oqi ,{q tuns slip 2urppkcp uogi pug giva= at{1 jo ,Sep c oea punoj Itrelniiad of t jo sxq!coM oti3 Surppe Aq pun()) creat.0 ottouwr{icre ue `orojaroLii sr IT °quuout Lions Strcmp pornseour ro/pue poidures soSrec osrp Sup jo rogtunu otli Act poptncp `pomseow pue pojdures are se regoscp �{irtsp t{aet{M ua t- w t uoepuaie3 a Stt~cmp pamseow ro/pur poidures saSreciosFP Sup P i8 jo ssetu Ielot ;qi se poucjap sc „oSrat{osrp oSerone iSltpuotu ;cu. .` u a uZwwa!EtrEw T2ua 37ti3culaligal1 AE0 .p .q °bos 'iSZI 3Sft uopnilod raleM tempod octl, S/atn„roIcy °b sueour trtoroti posh £ •saaatoso'j iErtuaitil uauru utAtr3 jo 1Q2utued41 `luawoSetr }4j Ietuetuuortnu3 jo uotsttca atn snow 1.51AKI Wad 'Z luocuarsErpi Ie'auaurt3o u330 130tsrnKC1 otp jo ratooriQ �L Rltrbtjlny atlm;s j I7ir: 'I s}IoLwa as NOLIJ S SIIKdad SaCial 0d S iOW -d Part 11 Page 2 of 14 6. Concenrati on Me2SUTGMe/11 a. The "average monthly concentration," other than for (mai coliform bacteria, is the sum of the concentrations of all daily discharges sampled arkilor 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 coliforrn 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 coliforrn bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliforrn bacteria is the geomenic mean of the counts far samples collected during a calendar week. This limitation is identified as "Weekly Average" under "OtherLimits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sarnple is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under 'Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliforrn 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 coliforrn 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 L . The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of I4 7. 1):11r Measurements a. Plow, (MOD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is deterrrdned 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 actties on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow me-asured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sarnple collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sa.mple: Grab samples are individual sarnples collected over a period of time not exce.eding 15 rninutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation ofMean a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part ll Page 4 of 14 c. Weighted by Flow V ion tunes its I0. Calenc,3arDay A calendar day is de day. However, for p represents the calendar IL Hazardous Substance ted by flow value means the surtamation of each divided by the summation of the respective flows. the period fern midnight of one day until midnight of the next ses of this permit, any consecutive 24-bouz period that reasonably y may be used fee sampling. A ba7ardous substance means any substance designated un Section 311 of the Clean Water Act 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic urdr Section 5BC ION B. GENERAL CONDITIONS Part 116 pursuant to of the Clean Wa 1. Puce 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 permit -tee 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 S10,003 per violation with the maximum arnount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,030 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. 'enaities for Class II violations are not to exceed $1.0,000 per day for each day during which the violation continues, with the maximum amount of any Class U penalty not to exceed 5125,000. 2. Plry to Itil gate The perrainee shard take ail reasonable steps to rrtinimize car prevent any or disposal in violation of this pernut vhlch has a a t nabie likelihood o human health or the environment. sludge use y affecting 3. Civil t:ndCriminal Lia 1ity Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power u es" (Part II, C-7), nothing in this perrrut 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 perrnittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil andHazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permit -tee from any responsibilities, liabilities, or penalties to which the perminee 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 permirtee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Properly 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 anonshore 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. Dtatm to 'rovide Information The perrnittee 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 pen-nittee shalt also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 6of14 nenue an activity regulated by this pore» apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In der 10 receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such infcnrnadon, forms, and foes as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, Any perrnirtee that has not requested renewal at least 180 days prior to expiration, or any perrnitt.ee 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. 5i gtatcry Rsquirements All applications, reports, +t rr inforrnadon submittal to the Permit Issuing Authority shall be signed and certified a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All repons 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 authoriz cl 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. Part II Page 7 of 1.4 c. Cer ficataon. Any person signing a shall make the following certification: ermt �r paragraphs a. or b. of this section 'T certify, under penalty of law, that this document and all atttachrrments wear* prepared under my direction or supervision in accordance with a system designed m assume that qualified personnel properly gather and evaluate the information submitted_ Based or ° 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 violatio s." ,,*writ, 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. Permit Modification. Revocation and Re'issu mce. orTer minas or, 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, Cade 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 E 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. (Time exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ) The conditions, requirements, terrns, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. P ator L1,,UT1ON CONTROLS Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the perrnittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, ITI, 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 SA .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. Petri Page 8 of 14 2. Proper Operation and Maintenance Tice permirtee shall at all tir' nes properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. ym4 to Halt or Reduce not a Pefente It shall not be a defense for a perrnittr-e 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. By-passing of Treatment Farilitiea a. Definitions (I) 'Bypass" means the known diversion of Wage streams from any portion of a treatrnent facility including the collection system, which is not a designed or established or orating 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 dots not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The perrnittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the perminee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9of14 periods of equipment downtime. This conditi n is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee subrnitted 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. (l) of this section. finiti "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 perrnittee. An upset does riot include noncompliance to the. extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A perrnittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (I) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitter 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 permit plied with any remedial measures required under PB. 2. of this permit d. Burden of proof. In any enforcement proceeding the pe has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or oth� control of wastewaters shall be utilized, d a manner such as to prevent any pollutant or navigable waters of the United States. to establish the occturenee of art upset r pollutants removed in the course of treatment or sposed of in accordance with NCGS 143-215.1 and in from such materials from entering waters of the State The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the .spos of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilizatiorn/disposal of sludge may be reopened and modified, or revoked and reissued., to incorporate applicable requirements at 40 CFR Pan 503. The permit= 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 perrnittee shall notify the Permit Issuing Authority of arty significant change in its sludge use or disposal practices. 7. power. Failtrrea The perrnittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Cam, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent SECTION D. MONITORING AND RECORDS Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permined discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified,, before the effluent joins or is diluted by any other 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 months) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the is uanet of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section A f1hNTiON: Central Files Post. Office Box 29535 Raleigh, North Carolina 27626-0535 Flow Measuremept5 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum. deviation of less than f 10% from the true discharge rates throughout the range of expected Part ll Page 11 of 14 discharge volumes. Once -through condenser cooling water logs, or pump hour meters as specified in. Part I of this permit pump curves shall not be subject to this requirement. 'oh is monitored by pump d based on the manufacturer's 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et_ seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, tintless 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 dawn 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. pen2]ries 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 mairitamed under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the 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 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 perminee 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 anal ses; e. The analytical techniques or methods ust;d and f. The results of such analyses. Partfl Page 12 of 14 8. Inapecti on ancl,Entry The permittee shall allow the Director, Or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, cr 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 (iniluding 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. 5E CT1ON E REPORTLNQ REQUIREMEN'T5 1. Change_in Discharge Al] discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this perrnit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The perrninee 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 detei-mini.ng whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the narure or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land applic.ation plan. 3. Anticipated Noncomplianca The permittet 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. Peal Page 13 of 14 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 perrnittec and incorporate such other requirements as may be necessary under thc Clean Wamr Act. 5. toigBport Monitoring results shall be reported at the intervals specified elsewhere in this permit a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part IL D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permit= monitors any pollutant more frequently than required by the permit using test procedures specified in Part LI, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this perrnit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all LUnitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. a. The perminee 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 perrnine.e becomes aware of the circumstances. The wrinen submission shall contaur- a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (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 dis.charge limitation for any of the pollutants listed by the Director in the permit to bc 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 perminee shall report all instances of noncompliance not reported under Pan II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part LI. E. 6. of this permit. Part II Page 14 of 14 becomes aware that it failed to submit any relevant facts inn permit ubrnined incorrect information in a permit application or in any report to the promptly submit such facts ar informanon. 9. Noncornpliance Notifieatieja the permittce shall report by telephone to either the central of5ce 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 fast knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility.. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following fast knowledge of the occurrence. 10. Availahiliai of Repeort Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for notmore than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ugil) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1-4.6- dinitrophenol; and one milligram per liter (I mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/l); (2) One milligram per liter (1 mg(1) for antimony; (3) Ten (10) times the maximum concentration value reponed for that pollutant in the permit application. D. Requirementio Contin _ally Evaluate A tematives o Wastewater Discharges The perrnittee 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-cornpliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the perrnittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part 111 D. "PO Connection Condition Permit No, The permittee shall properly connect to the Cab. s County wastewater collection system by August 31, 1994 and shall cease discharge no later tan August 31, 1994. A.. tie Est pay M days being billed by ord .0 revoke IK; d phi Pad th NTS