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NC0058203_Regional Office Historical File Pre 2018
James G. Martin, Governor William W. Cobey, Jr., Secretary Mr. N. O. Fowler PO Box 1098 Concord, NC 28026 Dear Mr. Fowler: State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 March 28, 1989 Subject: Permit No. NC0058203 Phillip Morris USA Cabarrus County R. Paul Wilms Director In accordance with your application for discharge permit received on October 18, 1988, we are forwarding herewith the subject State - NPDES permit, This permit is issued pursuant to the requirements of North Carolina General Statute 143-215,1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, D.3. 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 Ms. Lula Harris at telephone number 919/733-5083. Sincerely, 0640nal S1 ARTHRIV01„18ERRY le.ritPaul Wilms cc: Mr. Jim Patrick, EPA Mooresville Regional Of PO, Box 27687, Raleigh, North Carolina 27611 7687 Telephone 919 733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0058203 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT To DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Philip Morris USA is hereby authorizedto discharge. wastewater from a facility located US Highway 29. Concord Cabarrus County to receiving waters designated as. an unnamed tributary. to Wolf Meadow Branch in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 1, 1989. This permit and the authorization to discharge shall expire at midnight on. February 28, 1994. Signed this day March 28, 1989. SignAd ARTHURAN:j0:-': For R. Paul Wilms, Division of Environmental Management By Authority of the Environmental Management Commission PEE. PERMIT ,COVER SiIFET is hereby authorizedto: Continue to o to he xisting Phic Company Iona d n USfiig y 9 in Ccnc c rd, Cabarru County (See P of this Permit) and 2, Discharge from said treatment works the iocon pn i ind on, the attached map into AIL unn€ andtributary tc, cal E dow Branch 'which cl s ii'i d Cies; " iS-i'" ttprx in the Yadkin.-P Dee River Basin. NC0058203 t ternary highway, hard surface Secondary highway, hard surface Interstate Route ROAD CLASSIFICATION Light -duty road, hard or unproved surface Unimproved road S. Route State Route KANNAPOLIS, N. C. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permittee is authorized to discharge from outfall(s) serial limited and monitored by the Permittee as specified below: Ef acterjstjcs Discharge Limitations Lbs/day Other Units (Specify) Daily Avg. Daily Max. Daily Avg_. Daily Max. Flow Oil and Grease Settleable Solids Phenols Turbidity Acute Toxicity Benzene Toluene Xylene Acid and Base/Neutral Extractable Or g Purgeable Organics **AA 0.001 'cs **AA* Samples taken in compliance with the monitoring requirements location(s): the nearest accessible paint after final treatment receiving waters. NPDES No. NO0058203 permit and lasting until expiration. the number(s) 001. Such discharges shall be Mo Measurement Sample lYp Weekly Instantaneous E 2/month Grab 2/month Grab 2/month Grab 2/month Grab AAA* Grab **** Grab **** Grab **** Grab *Sample Location specified above shall be taken at the following but prior to actual discharge to or mixing with the Monitoring will be conducted during normal working hours. The facility shall record the approximate time the discharge begins and stops during a discharge period. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial or commercial activity and not discharged through any oil/water separator or other treatment equipment or facility. ** The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. *** Acute Toxicity (Daphnid 48 hour) Monitoring, Episodic, SEE PART III, CONDITION NO. G. CONTINUED **** Monitoring shall be conducted during the first five discrete discharge events after the effective date of this permit, and then on an annual bases thereafter, with the annual period beginning in January of the next calends .. year. The annual test must be performed and. reported by June 30. If no discharge occurs by June 30, the r notification must be made to the Division by this date, and monitoring must be performed on the next discharge event for the annual monitoring requirement. ***** See Part III, Condition H. The pH shall not be less than 6.0 standard units nor greater than 9,0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts, M3 A. 'E.0 LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the permit and 1 Permittee is authorised to discharge from outfall(s) serial number(s) limited and monitored by the Permittee as specified below: ha Flow Oil and Grease Settleable Solids Phenols Turbidity Acute Toxicity Benzene Toluene Xylen.e Discharge Lim,ita Daily Avg. Daily iax. Daily Avg. Daily Max. o: Lbs/day Other Units (Specify2 0.001 Acid and Base/Neutral Extractable Organics Purgeable Organics **44* 30.0 mg/1 0.1 ml/1 Samples taken in compliance with the +oni.taring requirement location(s). the nearest accessible point after final treatmen receiving waters. 60.0 mg/1 0.2 ml/1 NPDES No. NC0058203 Lag until expiration the 002. Such discharges shall be Monitor Weekly 2/month 2/month 2/month 2/month **** **** Requirements ample Instant Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location eous E E E E E E E E E specified above shall be taken at the following but prior to actual discharge to or mixing with the Monitoring will be conducted during normal work hours. The facility shall record the begins and stops during a discharge period. This permit imposes no limitation on the discharge of stormwater runoff uncontaminated by any industrial activity and not discharged through any oil/water separator or other treatment equipment or facility. The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water, *'** Acute. Toxicity (Daphnid 48 hour) Monitoring, Episodic, SEE PART III, CONDITION NO. G. approximate time the discharge or commercial CONTINITED **** Monitoring shall be conducted during the first five discrete discharge events after the effective date of this permit, and then on an annual bases thereafter, with the annual period beginning in January of the next calenda year. The annual test must be performed and reported by June 30. If no discharge occurs by June 30, the notification must be made to the Division by this date, and monitoring must be performed on the next discharge ge event for the annual monitoring requirement. b ***** See Part III, Condition Hs The pH shall not be less than 6.0 standard units nor greater than 9.0 monitoredstandard 2/month at the effluent by grab sample. andard units and shall be There shall be no discharge of floating solids or visible foam in other than trace amounts. M3 Part 1 B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following :rilledule: Permittee shall comply with Final Effluent bimitaiions by the effective date of the permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate theexisting facilities at optimm efficiency, 3. No later than 14 calendar dnys following a dato identified in the above schedule of compliance, the permittee shall submit either a report of progress 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 taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STAN➢ARD CONDITIONS FOR NPDES PERNITS SECTION A. GENERAL CONDITIONS 1, Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. Duffy to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge, 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-21.5.1.(b) (2) and NCGS 143-215..1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fu all relevant facts; A change in any condi n that requires either a temporary or permanent duction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the .Permit Issuing Authority. The submittal of a new application Part 11 Page 2 of 14 may be required of the permittee. 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 noncompliances, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part 11, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II,, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 9. Onshore of Offshore Construction This permit does not authorize or offshore physical structures or fa in any navigable waters. 1O. Severability p i Part II Page 3 of 14 ove the construction of any onshore or ties or the undertaking of any work 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. 11. Duty to Provide Information The permittee shall furnish to the Permit issuing Authority, within a reason- able time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper operation and Maintenance The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. Need to Malt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit - Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: The location of each sewer system bypass or overflow b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any division from or bypass of facilities. 4. Upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, tack of preventive maintenance, or careless or improper operation h An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(0(3) are met. 5, Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 6, Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION C, MONITORING AND RECORDS 1, Re esent tive S Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent 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. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division. of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure 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 + .10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-2.15.63 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. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 6 of 14 Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course, of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 7. Record .ng Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information.: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; cx The person(s) who performed the analyses; and d. The results of such analyses.. 8. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. SECTION D. REPORTING REQUIREMENTS Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in. this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such, changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned. change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. Averaging of Measuremen Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: Part II Page 8 of 14 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. Any failure of a pumping station, sewer line, ©r 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. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence, 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as has reason to believe: n as it knows or a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substances) (listed. at 40 CFR S 122, Appendix D, Table II and III) 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/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) four antimony; or (3) Five (5) times the maximum concentration value reported for that. pollutant(s) 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 (listed at 40 CFR S 122, Appendix D. Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 Five hundred micrograms per liter (500 ug/1); One milligram per liter (1 mg/1) for antimony; or Ten (10) times the maxconcentration value reported for that pollutant(s) in the permit application Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified.. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental 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. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on. my inquiry of the person. or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware. that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 10. Availability. of.Jieports 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.i(b) (2) or in Section 309 of the Federal Act. 11. Penalties fo ion of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Enviro 2. DEM or Division tal Management. Means the Division. of Environmental Management, Department of Natural Resources and Community Development. Part II Page 11 of 14 EMC: Used herein means the North Carolina Environmental Management Commission. 4. Act or " he Act" The Federal Water Pollution Control. Act, also known as the Clean Water Act, amended, 33 USC 1251, et. seq.. 5. Mass/Dqy Measurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on whichdaily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported, The limitation is identified as "Daily Average" or ""Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 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 day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sample and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 12 of 14 6. Concentration. Measurement The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily Average" under "Other Limits" in Part I of the permit. b The "average weekly concentration,'" other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (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 coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified es "Daily Maximum" under "Other Limits" in Part 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 case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Li+its" in Part I of the permit. Part II Page 13 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly, It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 8. Types of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means 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). c, Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 14 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 1.16 pursuant to Section 311. of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean. Water Act. .4 PART 111 OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, a.re hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Construction con tara:tforr of wasteri:ater treatment fa;:i.ii.ties 0r. additions t.h� r-et.o shall be begun until .Final Plans and Specifi.ations have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operato. Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant. operator in responsible charge of the wastewater treatment facilities. Such operator must_ hold a certification. of the grade equivalent to or greater that 3 the classification as , igz,ed to the wastewater treatment facilities. D. GroundwaterMonitoring 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 th.i,:s NPDES permitted facility with the current groundwater standards. ation, Re()Pene: This permit shall be modified or alternatively, revoked and reissued, to comply with any ;.;pp' i.cable effluent ui.cieli.ne car t,t tr r duality ta;rdard issued or approved under eeti.cns 302(b) 2 (c). rard (eil 3O4(b) (2), and 307(n) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:. 1. contains different. conditions or is otherwise any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragr other requirements in the. Act then, applicable. contain any • Part III Permit No. NC0058203 F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in. the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. Acute Toxicity The Permfttee shall conduct FIVE acute toxicity tests using protocols defined in E. P. A. Document 600/4-85/013 entitled "The Acute Toxicity of Effluents to Freshwater and Marine Organisms". The monitoring shall be performed as a Daphnia pulex or Ceriodaphnia 48 hour static test, using effluent collected as a. single grab sample. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. Sampling and. subsequent test will occur during the first five discrete discharge events after the effective date ofthis. permit. The parameter code for this test if using Daphnia pulex is TAA3D. The parameter code for this test is using Ceriodaphnia is TAA3B. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) fox the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to he sent to the following address: Attention: Technical Services Branch North Carolina Division of Environmental Management P. O. Box 27687 Raleigh, N. C. 27611 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or test performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be. re -opened and modified to include alternate monitoring requirements or limits, NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test. Failure to submit suitable test results will constitute a failure of permit condition. Within 60 days of the effective date of this, Permit or startup of discharge, the permittee shall submit the results of the following analyses which shall be performed on a representative sample of the effluent discharge taken after final treatment (required one time only): 1) EPA Method 625 - Acid and Base/Neutral Extractable Organics 2) EPA Method 624 - Purgeable Organics PERMIT NCOO 59. o FACILITY NAME: Facility Status: (circle ono) Permit Status: (circle owe) Major Minor, Pipe No: _ ,. _001 Design Capacity (MGD): Domestic Industrial RECEIVING STREAM: Class: 5 Sub -Basin: 1! Reference USGS Good: County: NP ES WASZ E LUAU Lkln ch) Regional Office: As Fa $ Ra Wa Wf WS bard. us) Rsqusstsd By: /1 Prepared By: Reviewed By: Date: Date: Date: Drainage Area (mil Modeler e Rec. 0 ., Avg. Strearnflow (cfs):. 7Q10 (cfs) 'C,?... Winter 7Q10 (cfs) _31_--30Q2 (cfs) Toxicity Limits: !WC 1 (circle o 6 C) Cia� t"/t Monitoring: fit( Mos. .'rCo 'in gjyriole es dhej0 oft o-f t47 tJe'Nt i sa hs pI(,i . R e ern rx.e i)en ee 9t Ilene ('7X) of ort t, lane( - It',r ani waf j) -it co/l tide w' Ile e#[et:ht've dak 01 Aii1E5 e�rk+ r`rfa -MO whole- eiCiee to Effiuen Cha / Chronic 1eaui njj.e Request No , . 493a WASTELOAD ALLOCATION APPROVAL.. FORM Name: PH I L.L_ I P MORR I S USA T rP„ NPDE S No.: NC0059 0:3 of Waste: INDUSTRIAL✓OIL WATER SEPARATOR Status: EXISTING Stream: UT WOLF MEADOW CREE i. lcation: WSI II Subbasin: 030711 County: C0BAE aI Offioe: MHO R'equ.e o t c r- : L.ULA HRIS Date of Reoue t : IC, 20 Quad: 1 bN1 Drainage area: 0.001 5c1 'mi Summer �''0 1 0: 0.00 c f s `. Winter" 7C 1Cr: 0.00 dfs Average flow: 0.00 c: s :<<. 0 k 2. 0 .. 0 c° f e RECOMMENDED EFFLUENT LIMITS ---- Mon Ave Dal Max 91 a Grease trrrRs'`1.f . ar/ Cyr} Settleable Solids 0.1 0.2 Phenols ( I ) : 0.001 pH (SU): 6--_9 iachadity: Effluent turbidity shall Moni'ttorin t ter d, rarn - '✓rnio " fir 'Bro See attaCflEC1 a'atr t i MONITORING ec_omfnend-rorritro for all volumes of JoLIS mon1 :?; 1,x °-M 1. not feasible, then disc times discharge s r 4 ended, along v.li t0i effluent sampl rn J. Fi€ c.:crn`umend (I3I;{) du the fir...��t.5 discrete ;e v.ho l o--e't f kusnt; for io ; test 0 should occur same -;? di5Charoe event of. the l:erinrlY;r o the event) COMMENTS i. i t, b t h ,e r_ o f c t; i tiy✓ Via' date the }er_mltto shell also submit .the analys be performed on a C t taken after J n v treat 3 EPA Method 62 J _. wC id and Ease/ b. EPA Method `r2L3 - Fur"gJeab1e D"i Uani A reopene1.. clause should. be ra laced in the nerm'i t t:r_ on these or other toxicants should the f,3 toxicity tests. monitoring for events sf i' ec that the Recommended Reg]. Permits 4 RETUR Supervisor: E ng i a eer i ng TO TECHNICAL SERVICES BY: JAN 1 2 ✓ m o 2/mo 4./mo Mfma t h e record flow to 1ue1 SITU 0 p p r t. `r i c benzene, r°; then anFcruu11to dote of the NPDES permit. t.oxicit`,' scamp uithi!1 v 4 hours allow r for nal ha 1 n f t I u e n t 1) a t o : Date: [D a t f.; : J Facility ACUTE TOX Daphnid 48 e permit tee shall conduct F /4-85/013 entitled "The, Acute oning shall he performed as a t colBected as a single grab samp obtairaecl frelow all waste treatment. Sam reeve__...___ .... to; 4antia June 3i . If rlo cii clrtarg Toxicity testing will be it 1,520 Perrtait ITS' TESTING REQUI1 ENT 1vlonitoring for Episodic Events ;icity tests using proto .ells defined. in. E.P.A. Document if Effluents to Freshwater and Marine Organisms phnia �rtl��ex or Ceniodapllnia 48. hour static test, using Effluent samples for self -monitoring purposes must be ng and .subsequent testing will occur during the first five date of this permit. Afterrnonitoning of the first five conduct one test annually, with the aratatroal period beginning in The annual. test requirement mu t be performed and reported by )ccJune 30, notification will be made to the Division by this date. erforrned on the next discharge, event for the annual test requirement. The parameter code for this test if if using CerBiodaphnia is TAA3E. condition will he entered on the Effie er h �erforn-led, using the appropriate parameter code. he sent to the foil() inr, address: Jest dtrta shall let ecrtr;ple.te rind Sec performed ire association \v chlorine of the effluent toxicity s disinfection of the waste stream. Shon Carolina Di this perriri .NOTE: Pant control organism sl]rvlval i;itl 1'"tailure to submit suitable test ries I'\V Cairo Basin & Sub -Baas Receiving Siream County ir„k ri'. .,.rv. "Acute, phn7.a pulex iti TAA3D. The parameter code .for this test quir'ed as part of this permit 1) for the month in which it was ditionall+r, DEM Fom AT-1 (original) is to c :ion: 7 echnical Services Branch North Carolina Division of Environmental Manarelnent. P.O. Box 27687 I�alei.;li, .N.C. 27611 curate axed inciude riltpporting chemical/phys tonicity tests, as well its all dose/response data, nple must be measured and reported if chlorine, is )aphlrid 4S' hr)1 d in the ci eual contra failure of n di rrernients idoal reel for PERMIT Nc00 552 FACILITY NAME: PA; 6 Facility Status: (circle on.) Permit Status: (curer o*.) Major Pipe No: co 2— Design Capacity (MGD): Domestic (% of Flow): Industrial (% of Flow): Comments: +' care P;jc atik eke RECEIVING STREAM: 14 Dr Class: Sub -Basin: a3~` 1- Reference USGS Quad: County: Cabarrc.� vQ Regional Office: As Fa kWr.i. e••) NPDES WASTE 1 ;D ALLOCATION (pleas• attach) Requested By: Date: fm. 6 ' f Prepared By: f J-1 Date: Reviewed By: Drainage Area. 2 Rec, Avg. Streamflow (cfs): 7Q10 (cfs) -L ..—Winter 7Q10 (cfs) _.-30Q2 (cfs) Toxicity Limits: IWC IO % (circa. on (6-cute)/ Chronic Monitoring: =nd PnCNwi+oriN v z44 Vbibinte5 a LOct�+et-xx etrfetor'M- hert ciiodnar 6(5 1( c©v`+; not� e rn©r� vi i o �ec�5 Ie} 3 k-r u a r0) mtc4C', - rr;e5 6'664wrgt bejo.nAvid eKeted, elJ619 Wig'ty( ieod c- e410e1A-4 5aA&Pl; j tfrlarKv'ij nrl©u,i-ihvin�r kai -foluex/1 x_5tev1/4-2 C B z) uvi`n �vs+ Ye riscve+t di ,,rge eveK s lun) .r 04^nlia�l e�ivkctde w4 v, t�4t� e luew� �u e54 c�f�+e( +nc ettect-i(e, cta-k AFFDE5 pevriA.iff MOM' t�v,nc� vvuld ()CCU( 1+ +t 5a►kt-1t't ,kha. ' W tkk 4u1Ii-e toei& -t.og 641 1,4'I `t-P lb '0. tYl 8,0VI y 9-f-ke C�I5atu ettV ( w-P S td tickd Kr5 CI-f` 14 e,ce ) Charactcrfstic P A -r.ev C,[cw o ! Li nAA v eg.uenc �a:.'kbutc,t Request No.: WASTELOAD ALLOCATION APPROVAL FORM 4925 FaciJity Name: PHILLIP MORRIS USA (C. P004,- NDES No.: NC0056203 Type of Waste: INDUSTRIAL/OIL WATER SEPARATOR Status: EXISTING Receiving Stream: UT WOLF MEADOW CREEK , Classification: W5II1 Subbasin: 030711 Drai rqe area: 0.001 sg mi County: CABAP2 2 Summer 71.7)10: 0.00 cfh Regional Office: MR0 Winter 7010: 0.00 dfs Regoestor: LULA .--IRRIS Average flow: .0r1 rfs Date of Request: 10/2cl:/Sci 3002: ,.l. CV') c r s Quad: F16N1x - RECOMMENDED EFFLUENT LIMITS Mon Ave Dal Max Moni. tor. freq. Oil a., Grease (q/] 1 o0 60 2/mo 5ettleab1e Solids (m1/1): 0.1 0,2 Eimo Phenols (7,-...1.-41/: 0.001 00C et. Pimp pH (SU): 6-9 2/mo Turbidity: Efflen't turbidity shall nt exceed 50 NTU Monitoring frequency = 2/mo Toxicity Testing Req.: See attached acute toxicity testing requdrement ----------------- MONITORINS ecommehd monitoring for all volumes of wastewater leaving the facility, If con uous monitoring is not feasible, then discharger shall record the approiiimate times discharge began ended, along with instantaneous flow Fi( time. of effluent sampling. Recommend ouarterly monitoring for toluene, henciere, xylen during the first 5 discrete discharge events (and then aoPsally)tu coincid iqith whele-efflueut toxicity Lest after the effective date of the NPDES permit. Monitoring should occur at the same time that the whole -effluent toxicif'y sample is taken during the discharge event (samples should be collected within 24 hours of the beginning of the event ) 2DNMENTS o.ithin 50 days of the effective date of this permit or startsp of discharge 7he permittee shall also submit the results of the following soalvoes. Thc(lhoc? bnalyeee shall be pcifordsci on a tebresentative sample of' the sform,,,,bteo effluent diochbrge, taken after any treatment recuiced ore tioe anlyl: . EPA Method 6E5 - Acid and Base/Neutral extrootable organics b. EPA Method 624 - Purgeahle Organics repoener clause should be placed in the permtp (pllmilwfor :additional lin.. oo„ on these or other toxicants should the facility 5k515rnkfi.ant toxicity tests. Recommended by: Reviewed by Tech Support Supervisor: Regional Supervisor: Permits a., Engineering: RETURN TO. TECHNICAL SERVICES BY: Date: nate• 61 . t e : Date: 0 2 1989 /2_2_ Facility Name Permit • ACUTE TOXICITY TESTING REQUIREMENT Daphnid 48. hr Monitoring for Episodic Events The pennittee shall conduct FIVE acute, toxicity tests using protocols defined in ERA. Document 600/4-85/01.3 entitled "The Acute Toxicity or Effluents to Freshwate,r and Marine Organisms". The monitoring shall be performed as a Dt-iplinia pidex or Ceriodaphnia 48 hour static test, using effluent collected as a single grab sample: Effluent samples for self -monitoring purposes must be obtained below all waste, treatment Sampling and subsequent testing will occur during the first five discrete discharge events after the effective date of this perrnit. After monitoring of the first five toxicity tests, the permittee wall conduct one test annually, with the annual period begi nnina in Military of the next •calendar year. The annual test requirement MUStbe, performed and reported by Rine 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test if using Daphnia pulex is TA A3D. The parameter code for this test if using C,leriodanhnia. is TAA3B. All toxicity testing results required as part of this perm condition will be en:el-Ci on the Effluent Discharge,. Form. (MR-1). for the month in which tt was performed, usin the appropriate parameter code, Additionally, DEM Form AT-1 (original) is to be sent to the following: address: Technical Services Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shall. be complete and accurate and include all supporting chemical/physical measurements performed in association ,,vith the toxicity tests, as well as all doseliesponse data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste, stream. test data from either these monitoring requirements or tests perforild by the llsiorth Carolina Division of En vit onlnental iManagentie„nE nclicaic potential inqacts to the rectivin, sh'eah, this pern-L ilia be. rc-opemed and modified to -include alternate nlflltO[1n0 reqHihmients ar nwits. NOTE: Failnre, to achieve, test conditions as specified in the, cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute. an invalid te.st. Failure to so,bmir, suirdble, ttst results will constie, a failure Of permit condition. Q o Q- els Permitted R7ow IWC% i,o(5 Basin & Sub-gBasin 03017 I I Re,cei yin g SiTeare Loot oleado — ikt-d& County Date, i'<ecomnie,ridcd by: "Acute Toxic fi(Daphnid 48 hr) Monitoring„ EPISODIC, See Past Condition.