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HomeMy WebLinkAboutNC0022071_Regional Office Historical File Pre 2018State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., RE., Director March 10, 1999 LOHMAN D. THOMPSON NORFOLK SO RN CORP-OYAMA 110 FRANKLIN ROAD, SE ROANOKE VA 24042 Subject: Rescission of NPDES Permit Permit No. NC0022071 NORFOLK SOUTHERN CORP-OYAMA Catawba County Dear LOHMAN THOMPSON: Reference is made to your request for rescission of the subject NPDES Permit Staff of the Mooresville Regional Office have confirmed that this Permit is no longer required. Therefore, in accordance with your request. NPDES Permit No: NC0022071 is rescinded, effective immediately. If in the future you wish to again discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES Permit. Operating a facility without a valid NPDES Permit will subject the responsible party to a civil penalty of up to $10,00() per day. If it would be helpful to discuss this matter further, I would suggest that you contact the Water Quality staff, Mooresville Regional Office at (704) 663-1699. Sincerely, 904 A Preston Howard, Jr., P.E. cc: Catawba County Health Department Mooresville - Water Quality Regional Supervisor- w chments Point Source Branch - Dave Goodrich Operator Training and Certification Point Source Compliance - Robert Farmer - w/attachments Mr. Roosevelt Childress, EPA Central Files - w/attachments Fran McPherson, DWQ Budget Office 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 Permit Rescission For ty Name Permit Number NPDES Permit Tyke Discharge Code(sla Regional Office I / 6 County /cam Date Requested Permit Type Permit Expiration Original Request Received by: 10 Compliance Group 0 Regional Of Request Recieved in the Form of:. 10 Signed Annual Fee Invoice Please Check Appropriately 0 Site Visit Performed E Unit 0 Groundwater Concerns Addressed (Should be addressed unless Groundwater Monitoring is not required) Rescission of the above referenced Permit is: Approved C Denied Note: (if Approved) This permit will be deleted from the permit tracking system and the division billing system and if necessary inactivated on the compliance monitoring system. co f Approved Rescinded Immediately 0 A o Expire 0 Never Constructed OOther... 0 Abandoned � >• � ' '' 0 Connected to City Sewer Complete (if D i ie Reason for Denial. Certifier's Name Date Return Completed Form to the Facility Assessment Unit PR Form (2/97) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY October 15, 1998 LOHMAN D. THOMPSON NORFOLK SO 1 THERN CORP-OYAwI+v'IA 110 FRANKLIN ROAD, SE ROANOKE VA 24042 Subject: Acknowledgement of Rescission Request NORFOLK SOUTH RN CORP-OYAMA NPDES Permit No. NC0022071 CATAWBA County Dear LORAN D. TOMPSON: This is to acknowledge receipt of your request that NPDES Permit No. NC0022071 be rescinded. Your request indicated that this permit is no longer needed. By copy of this letter, I am requesting confirmation from our Mooresville Regional Office that this permit is no Ionger needed. After verification by the Regional Office that the permit is no longer needed, NPDES Permit No. NC0022071 will be rescinded. If there is a need for any additional information or clarification, please do not hesitate to contact Robert Fanner at (919) 733-5083, ext. 531. Sincerely, 1140'41 A. Wilson, Supervisor Point Source Compliance/ Enforcement. Unit cc: Mooresville Water Quality Regional. Supervisor - wlattachments Paint Source Branch - Dave Goodrich - w/attachrnents Point Source Branch - Robert Farrner - w/attachments Central Files- w/attachments P.O. BOX 22535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE F,?12-733-5063 FAX 911).733-901D AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - BO% RECYCLED/10% PO5T•CONSUMER PAPER if -NsNORFOLK SOUTHERN Norfolk Southern Corporation Environmental Protection 110 Franklin Road, Roanoke, Virginia 24042-0013 August 25, 1998 1-9-NC-HKRY-3-2 Mr, David Goodrich State of North Carolina Department of Environment and Natural Resources Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 Subject: Norfolk Southern Hickory site, NPDES Wastewater Permit #NC0022071 Dear David: co (do m cn The purpose of this letter is to request that permit #NC0022071 be terminated. Currently, there are no industrial activities taking place at the Oyarna Yard facility in Hickory, North Carolina. Two engines per night are parked at a former fueling track, which has not been used for fueling or maintenance activities since 1993. Norfolk Southern has concluded that this wastewater permit is no longer needed for this facility as all discharge is stormwater. Furthermore, a stormwater permit is not needed for this facility as no industrial activities are currently taking place. Norfolk Southern understands that if the facility were to begin any industrial activities, the site would then need to assess which type of permit is required and follow the procedures in obtaining the necessary permit. Sincerely, tt) Lohman D. Thompson Engineer Environmental Design cc: F. G. Lemanski W. J. Harris G. 0 Turner Linda Guirnond, Radian Operating Subsidiary: Norfolk Southern Railway Company. UPDATE NPDES FACILITY A?ID PERMIT DATA OPTION TRXID 5ND KEY NC0022071 RSONAL DATA FACIL; °8CILITy NAME) NCRT ADDRESS STREET CITY' TELEPHONE STFTE CONTACT > Dw; XIST LAT. 354351E LONG DATE AP RCVD DATE STAFF REP RQS DATE STAFF REP RCVS DATE TO P NOTICE DATE D- AG COM REQS DATE OT AG COM RCVD DATE TO EPA DATE FROM EPA FEE CODE 'F 7=(GP49.7338x COMMENTS: MESSAGE DATE Y APPLYING FOR PERMIT SOUTHERN CCRPHOYA Ft COUNTY> GATAJEA NG (REQUIRED) LOCATION IREQUIRED) STREET STREET: OLD HUY 70, OFF NCSR ST NC ZIP 28209 CITY. HICKORS ST NO DATE FEE PAID . Oar 1 T. 95 AMOUNT. PERSON IN CHARGE G ILAER T TURN® OSED 2 1=MASORr2=MINOR 2 1==MUN,E=NON—NUN 1717kD NRNEW,M=MODIFICATION,R REISSUE> P 03," 1 7t 95 JASTEL OAD REOS 05.'08/95 03 "21 95 LJAETELOAD RCVD O5F'09, 95 03.°30/95 SCR TO 15505 DATE DRAFT PREPPR'ED DATE DENIED DATE RETURNED DATE ISSUED EXPIRATION DATE 10MGD),2=C>IMGD3.E=C>0.1MGD) C O.IMGD),5=8F,6=CGP25 CGP1?,34:30.52)0=CNOFEE) DIIDEO 37 73 CONAIL', NOD 7 ' 8 `PERMIT RESC.SSION REQUESTED 9AOA25 -n R ODIFIED SUCCESSFULLY PEG ON ASSIGN/CHANGE PE'; State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July 15, 1998 Mr. Gilbert Turner Norfolk Southern Corporation 312 West Liddell Street Charlotte, North, Carolina 28206 JUL 0 1993 Subject: NPDES Minor Modification Permit No. NC0022071 NSC- Oyama Yard Catawba County Dear Mr. Turner: The subject individual NPDES permit issued on August 29, 1995 has been modified as per your request. Please find attached the modified sections of this permit, and replace the old pages with the modified pages. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983 (and as subsequently amended). The following monitoring requirements have been modified, based on the Division's review of your letter dated March 17, 1998: • The flow measurement has been changed from continuous to instantaneous (weekly basis). This change is consistent with the present inactive status of the facility. Whereas the original permit was developed for a railroad fueling and light maintenance operation, only stormwater runoff is generated from the current inactive facility. • Annual monitoring for acute toxicity and organics has been deleted. Review of discharge monitoring reports for 1995-1997 indicate that all acute toxicity tests were passed, and all organics were reported as non -detections. This information, in addition to the current inactive status, supports the modification request. In addition, the following name change has been modified, based on your Name Change Request Form: • Change Permittee's name from Southern Railway Company to Norfolk Southern Corporation. The monitoring modifications are contingent on the facility remaining in its current inactive status, which you have indicated is most likely. However, if the facility returns to its original operational status, you will need to request another modification to this permit. Please note that this permit expires on July 21, 2000. When you submit a permit renewal application, please describe in detail the specific (current) facility P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper operations, so that the Division can best determine whether or not a perm will apply. y If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforrning 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 a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. Part I1, 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 Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. If you have any questions or need additional information, please contact Mr. Tom Belnick, telephone number (919) 733-5083, extension 543. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. cc: Central Files NPDES Unit Mooresville Regional Office, DWQ (Attn: Iike Parker) ESB, Aquatic Toxicology Unit Point Source Compliance/Enforcement Unit Permit No. NC0022071 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina. General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North. Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Norfolk Southern Corporation is hereby authorized to discharge wastewater from a facility located at Oyama Yard Off NCSR 1599 East of Hickory Catawba County to receiving waters designated as Miller Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III hereof. This permit shall become effective October 1, 1995. This permit and authorization to discharge shall expire at midnight on July 21, 2000. Signed this day July 15, 1998. Original Signed By David Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Pe t No, NC0022071 SUPPLEMENT TO PE IT COVER SHEET Norfolk lk o th Corporation is hereby anthori ed t Continue to operate the existing treatment facility consisting of a bar screen, dual grit basins in parallel, dual it water separation basins with brill ski er in parallel, V- notch wrier, sampling structure, d oil storage. located at Oy a Yad, off. 1599, east f Hickory, Catawba County (see Part 111 f it), and Discharge storrnwater from said treatment works at the location specified on the attached map into Miller Branch, which is classified C waters in the Catawba River Basin. A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NO302.2071 During the period beginning on the effective date of the perrnit 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 Permittee as specified below: Oil and Grease Total Suspended Residue Turbidify2� pH3 Monthly Grab Notes: 1 Sample locations: E Effluent, I — Influent 2 The discharge shall not cause the turbidity of the receiving stream 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 of the receiving water. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. This permit imposes no limitation of the discharge of storm water runoff uncontaminated by any industrial or comme oiVwater separator or other treatment equipment or facility. There shall be no discharge of floating solids or visible foam in other than trace amounts. activity and not discharged through any 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 Mr. C. Russel McDaniel 110 Franklin Road S.F. Roanoka, Virginia 24042 Dear Mr. McDaniel: August 29, 1995. Subject: NPDES Permit Issuance Permit No. NC0022071 Southern. Railway-Oyama Yard Catawba County In accordance with the application for a discharge permit received on March 17, 1995, the Division is forwarding herewith the subject 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 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 Ms. Susan Wilson at telephone number (919)733-5083, extension 555. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. cc: Central Files Mooresville Regional Office Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facilities Assessment Unit Aquatic Survey and. Toxicology Technical Assistance & Certification Group 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 STATE OF NORTH CAROLINA Permit No, NC0022071 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 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Mangetnent Commission, and the Federal Water Pollution Control Act, as amended, Southern Railway Company is hereby authorized to discharge wastewater from a facility located at Oyarna Yard off NCSR 1599 cast of Hickory Catawba County to receiving Waters designated as Miller Branch in the Catawba River Basin in accordance with effluent, limitations, monitoring requirements, and other conditions set forth in Parks I, Il and III hereof, The pennit shall become effective October 1, 1995 This permit and the authorization to discharge shall expire at midnight on July 31, 2000, Signed this day August 29, 1995 Original Si David A GooarictlY A. Preston Howard, Jr., P.E., Director Division of En‘dronrnental Management By Authority of the Environmental Maligernent Conmaission is hereby authorized to SUPPLE NT TO P CO Southern Railway Company Permit No, NC0022071 I Continue to operate the existing treatment facility consisting of a bar screen, dual grit basins in parallel, dual oillwater separation basins with brill skimmer in parallel, Vthotch wier, sampling structure, and oil storage tank located at Oy. a Yard, off of NCSR 1599, east of Hickor, Catawba County (See Part III of this Permit), and 2 Discharge from said treatment works at the location specified on the attached map into Miller Branch which is classified Class C waters in the Catawba River Basin, Ii CAROLINA AD ECONOMIC RESOURCES CAROLINA HIC C RY QUADRANGLE NORTH CAROLINA -C.ATAWAE3A CO, MINUTE SERIES (TOPOGRAPHIC) 730 000C,y FEET A. 0. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0022071 During the period beginning on the effective date of the permit and lasting until expiration, the Poultice is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permitter as specified below: Effluent Characteristics Dchatge Limitations Units (SPe_CRY) Monitorin_g Requirements _.5..a_m_Pig_ 14_*..LcIlLY SiLtn_Ple 1 Lgotticili M 9ng., Pally _ax, Mn. Ayg. Va I !if MAX— MQ05urpment EITSMCDSLY__ 1 or E ITYAe_ _ Flow — Continuous Flecording Oil and Grease 30,0 mg/I 60,0 rng/I Monthly E Grab TSS 30.0 mg/l 60.0 mg/I Monthly Grab E bb E . . . . . Turbidity . 2/Month Acute Toxicity *1** AnnGrab ually E Organics t Annually Grab E * Sample locations: E - Effluent Samples specified above shall be taken at t e foliowing location: the, nearest, accessible point after final treatment but prior to actual discharge to or mixing with the receiving waters, ** All volumes of wastewaterleaving the facilityshall be monitored. If continuous flow monitoring is not feasible, then the discharger shall record the approximate time that discharge began and ended, along with the instantaneousflow at the time of effluent sampling. This permit imposes no limitation of the discharge of storm water ninoff uncontaminated by any industrial or commercial activity and fiot 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 came any increase in the turbidity of the receiving water. **** Acute Toxicity (Fathead Minnow 24 Hour) Monitoring, Annually, See Part M, Condition E. t See Part III„ Condition F. Organics testing shall correspond with toxicity testing. The annual test must be performed and reported by June 30. If no discharge occurs by June 30, 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. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be conducted monthly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Secti Schedule of Compliance PART I pennittee shall comply with Fina EEffluent I imitations specified for discharg a ce ith the following schedule: shall mply with Final Effluent Imoimitations by the effective to of the it less below. 2. Pe shall at all tl ea existing facilities at opt provide the ration efficiency, dt aintn ce neess. to o rate the No later than 14 :alendar days following a date identified in the ae schedule ofcompliance, the pe ittee 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 ease, the notice shall include the cause of noneon plian e, any remedial actions taken, and the probability f meeting the next schedule requirements, Part Il Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS 5ECF1ON A. DEFINMQNS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division. Means the Division of Environmental Management, Department of Environment, Health and Natural Resources, 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, own as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "'monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit, b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the pemiit, c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part 1 of the pennit, Part 17 Page 2 of 14 b. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (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. c. The"maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part 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 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 I. 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 14 7. Other Measumnents a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,. averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured 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 sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the tune interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 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). Part II Page 4of14 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. 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 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic. Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Cl SECTION B. GENERAL CONDITIONS a Act. 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The perrnittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property gights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The perrnittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal. executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing. Authority. Pan 11 Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Aclions 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 tennination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this penrnit. [The 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, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OFPOLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned 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 LI, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 2. Proper Operation and Main pee The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a perrnittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (I) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding 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 permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part Li, E. 6. of this pemiit. (24 hour notice). d. Prohibition of Bypass (I) 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 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph 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. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment 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: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The perrnittee facility was at the time being properly operated; and (3) The perrnittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit. Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. PowerFatlures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D, MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period 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 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. AT1'bNTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and 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 + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, f' 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 permittee 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 perrnit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REOUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated. Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part ll Page 13 of 14 This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. 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 permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit.. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 6. of this permit. Part ll Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office oar the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(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. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. ConstructiQ}7 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. GToundwater 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 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methy1-4.6 dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'''; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part. III Permit No, NC0022071 E. ACUTE TOXICITY MONITORING (EPISODIC) The permittee shall conduct annual acute toxicity testing using protocols defined as definitive 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 Fathead Minnow (Pimephales promelas) 24 hour static test, using effluent collected as a single grab sample. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The perrnittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 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 is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR -I) for the month in which it was performed, using the appropriate parameter code, Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch. North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 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 sarnple 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 tests 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 noncompliance with monitoring requirements, F. Chemicals to be monitored by an EPA approved method equivalent to detection obtainable by Methods 601 and 602 or better: * Benzene Dibromoethane (EDB)- 1,2-Dichl.oroethane Ethylbenzene isopropyl ether Methyl tert-butyl ether (MTBE) * Toluene * Xylenes Chemicals to be monitored using an EPA approved method equivalent to the detection Levels obtainable by Method 625 or better: Naphthalene * These parameters must be monitored to a detection level of 1.0 ppb. All parameters should be monitoredannually, at the same time toxicity testing is conducted. FART IV STERC +1G C M ' iANCE MON TO ffi G A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. allure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. NPDES WASTE L OADl l OCATION PERMIT NO.: NC002207 PERMIUEE NAME: Norfolk Southern Corporation / Oyama Yard Facility Status: Existing Permit Status: Renewal Major, - Pipe No.: 001 Minor Design Capacity: *0.0076 MGD Domestic (%© of Flow): 0 % Industrial (%© of Flow): Comments: * no limit p RECEIVING STREAM: Class: C Sub -Basin: 03-08-35 Reference USGS Quad: E 1 County: Catawba Regional Office: Previous Exp. Date: Classification changes within three miles: none Requested by: Rosannena Prepared by: Reviewed by: illwater set ar (please attach) Regional Office Treatment Plant Class: Class 1 - b cam,. _ "'..�---- c 30 60 0.2 6-9 2/mont'hl 2/monthi 2/montr e Drainage Area 7Q10 (cfs) 0 Winter 7Q10 (c Toxicity Limits: IWC qS %© Instream. Monitoring: Date Rec. Avg. S s) Parameters Upstream Location Downstream Location LOW (cfs): 0Q2 (cfs) _ hronic REtOMMENDED EFFi:+L1ENT LIMITS ---- Mo. Avg. Daily Max. Oil and Grease (mg/1): 0.1 Settleable Solids (ml/1): pH (su) : Turbidity (NTU): The discharge shall not cause the turbidity of ti receiving waters to exceed 50 NTU. Toxicity Testing Req.: acute monitoring _for -episodic events _-__- The discharge consistsof stormwater runoff and wash water from fuel oil spills at the rail yard. All volumes of wastewater leaving the facility must be monitored. If continuous monitoring is not feasible, then discharger record the approximate times that discharge began and ended, along withthe rihe for instantaneous flow at the time of effluent sampling. method benzene, toluene, ethyl benzene, and xyiene using approvedanBEn PAEa, with a detection level of 1 pp ether. Monitoring and should b 1,2 dichloroethane, najthalene, and isopropyl be conducted during the first five discharge events and then annually to concie withofithedpermit.tMonitoringfshould occur lon same+schedule after hase ethe ctoxictive de he whole efluent toxicity Monitoring and toxicity samples should be taken at the same time within 24 hrs the of beginning for limitsrto be. e placed ©nct©xicantsshould shoulde placed inP effluent toxicity tests. the facilityfail its whole e ----------------------------------- Min/Max Mon. Fre j DEC 1990 WOUWA -------- WASTELOAD ALLOCATION APPROVAL FORM Facility Name: Norfolk Southern Corporation NPDES No.: NC0022071 Type of Waste: Status: Receiving Stream: Classification: Subbasin: County: Regional Office: Requestor: Date of Request: 10/12/90 Quad: E13NE ----------- RECOMMENDED EFF Mo. Avg. Oil and Grease (mg/1): Settleable Solids (m1/1): pH (su) : 30 0.1 Industrial/oil/water Existing/Renewal Miller Branch C 30835 Catawba Mooresville9 Rosanne Barona separator Drainage area: Summer 7Q1p : Winter 700: Average flow: 30Q2: Req. 5904 P€RMITS & ENG9NEER14G sq m 0.00 cfs 0.00 cfs cfs 0.00 cfs DENT 'LIMITS Daily Max. Min/Max Mon. Freq 60 0.2 6-9 2/month 2/month 2/month Turbidity (NTU): The discharge shall not cause the turbidity of the receiving waters to exceed 50 NTU. Toxicity Testing Req.: acute monitoring for episodic events - COMMENTS The discharge consists of stormwater runoff and wash water from fuel ail spills at the rail yard. All volumes of wastewater leaving the facility must be monitored. If continuous monitoring is not feasible, then discharger shall record the approximate times that discharge began and ended, along with the instantaneous flow at the time of effluent sampling. Monitoring for benzene, toluene, ethyl benzene, and xylene using an EPA approved method with a detection level of 1 ppb, Also monitor for MTBE, EDB, and 1,2 dichoroethane, naOthalene, and isopropyl ether. Monitoring should be be conducted during the first five discharge events and then annually to coincide with the whole effluent toxicity test, after the effective date of of the permit. Monitoring should occur on same schedule as the toxicity test Monitoring and toxicity samples should be taken at the same time within 24 hrs of the beginning of discharge. A reopener clause should be placed in the permit to allow for limits to be placed on toxicants should the facility fail its whole effluent toxicity tests. Prepared by: Reviewed by instream Assessment: Regional Supervisor: Permits & Engineering: RETURN TO TECHNICAL SUPPORT BY: Date: Date: Date: Date: 1 l /89 Facility Nan Pemiit craL 7/ ACUTE TOXICITY TESTING REQUIREMENT Fathead Minnow 24 hr - Monitoring (Annual) for Episodic Events The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive 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 Fathead Minnow (Pimephales prornelas) 24 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 «'ill occur during the first five discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity tests, the permittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 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 is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences 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 tests 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 noncompliance with monitoring requirements. 7Q10 '' cfs Permitted Flow . ut'G MGD IWC%© 100 Basin & Sub -Basin O Receiving Stream f :Itet County C Date **Acute Toxicity(Fathead Minnow 24 hr) Monitoring, EPISODIC, See Part 3 , Condition G Recommended by: 3S