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NC0076163_Regional Office Historical File Pre 2018
State of North Carolina Department of Environment and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.EE, Director December 16, 1998 JOHN D. HEMMINGS ROCK BARN PROPERTIES,INC P.O. BOX 234 CONOVER NC 28613 Subject Rescission of NPDES Peinnit Permit No. NC0076163 ROCK BARN PROPERTIES,INC Catawba County Dear JOHN HEMMINGS: 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that this Permit is no longer required, Therefore, in accordance with your request, NPDES Permit No. NC0076163 is rescinded, effective immediately.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 $10,000 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, 961, A. Preston Howard, Jr., P.E. cc Cat"'� e�th l.M3I'tIIl Ct� 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 i I I ON OF WATER QUALITY December i $ 1998•, Memo To: Frc Prepared. P Subject: Robert F a Reis Gleason Samar Rou-Gha ale Pack ;Earn Properties, Permit i•_ L 1 Catawba County Please find enclosed a permit rescission request for the subject facility. The permit was issued on February 19, 1996 with an expiration date of Jane 30, 2000. The need for the subject permit ceased since the facility connected to the City of Conover rer can August t 1, 1998. Please remove the permit from your tracing system SPCA you have any guesti.cns regarding this t a please ermt Rescission Fo enzt :unt er 1�.( ICES Pe Permit T ........... Compliance Group 0 Regional Office 0 P&E Unit equest Recieved rn the Signed Annual Fee Invoice ease Check Ay_ aropriatel 0 Site Visit Performed /3 .. Groundwater Concerns Addressed e ciiQn .af tie move referenced e' e Approved D Denied © Other... Should be addressed unless Grou.adwater Monitoring is not required) 1 iote: {i Approved) This permit ill be deleted from the permit trac. n s stem and the division billing, system and if necessary inactivated on t compliance monitor.n, system ' pl e if pp axed Q Rescinded Immediately 0 Allow to Expire Never Constructed 0 Abandoned onnected to City Sewer enie Assessment Unit PR Form (21971 State of North Carolina r..'Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan 6, Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr, JohnHemmings, Presidentt':,i NA''` Rock Barn Properties, Inc. P.O. Box 234 Conover, North Carolina 8613 FR 9. 1996 Subject. NPDES Permit Issuance FU Permit No. NC0076163 Rock Barn Properties, In Catawba County yr yRECEiVED Dear Mr. Hemmings: In accordance with the application for a discharge permit received on. May 11. 1995, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirement's 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. In a letter faxed by Joe Hudson dated December 12, 1995, it was requested that instrea.m monitoring be reduced to monthly in this permit. After staff review of the dissolved oxygen information collected and reported within the past 12 - 24 months, it was noted that. much of the data appear to be suspect based on the lack of variability in reported dissolved oxygen levels throughout the year. This issue has been discussed with Mr. Hudson, who indicated that the plant operator has begun using a different dissolved oxygen meter which should resolve this issue. However, until the data collected and reported are correct and verified, the monitoring frequencies will remain the same in this final permit as they were contained in the draft permit A second issue which the Division would like addressed within 90 days of receipt of this letter is the projected connection of this facility to the City of Conover wastewater treatment plant. If connection of Rock Barn Properties, Inc.'s wastewater treatment facility is impending and there is a firm commitment from your company to connect to this puhlically-owned treatment plant, then instream monitoring frequencies may be relaxed, (Again, a set of data which is accurate of actual. instream conditions should be established first.) If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 2761 1.-7447. Unless such demand is made, this decision shall be final and binding. Please take note that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge, This permit does not affect the legal 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 Mr, Mack Wiggins at telephone number (91.9) 7 33-5083, extension 542. cc: Central Files Winston-Salem Regional Office, Wa Mr, Roosevelt Childress, EPA Permits and Engineering Unit Facility Assessment Unit Sincerely,. Original Signed By Quality Section P.0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733.5083 FAX 919-733-0719 An Equal 0pporiunlry Aktirmattve Aciien Employer 50% recycled! 10% post -consumer paper Permit No. NC0076163 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rock Barn Properties, Inc. is hereby authorized to discharge wastewater from a facility located at the Rock Barn Properties, Inc. on Golf Drive northeast of Conover Catawba County to receiving waters designated as Lyle Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, and. IV hereof. The permit shall become effective April 1, 1996 This permit and the authorization to discharge shall expire at midnight on. June 30, 2000 Signed this day February 19, 1996. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Mangement Commission is hereby a t d o: Pe pit N. NC0076163 SUPPLEMENT MEN TO PRAT COVER ET Rock Barn Properties, Inc. 1. Continue to operate an existing package extended aeration tank waste ater treatment system to follow a equalization consisting of dual tertiary filters, clear well, mud well, aerated sludge holding tank, tablet disinfection, contact and cascade aeration located at. Rock Barn Prope ties, Inc., on Golf Drive, northeast of Conover, Catawba County (See Part III of this Permit), and Discharge from said treattent works at the location specified on the attached map into Lyle Creek vvh.ich is clrssied Class C waters in the Catawba River asin• . ck Barn Properties W NC0076163 Discharge Pint ;LUENT LIMILTA'T1ONS ANI) MONITORING REQUIREMENTS SUMMER (April I - October 31) Per No. NC0076163 period beginning on the effective date of the permit and lasting until expansion above 0.010 MGD,, the Pcrmittec is authorized to m outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Qhar ©i$lharge Limitatipf Monthly Avq, Weekly Avg. Q_aily Max Flow 0.010MGD BOD, 5 day, 20"C 8.0 m g / I Total Suspended Residue 30.0 mg/I NH3 as N 2.0 mg/1 Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 m1 Total Residual Chlorine Temperature Conductivity Temperature Manttaring RequIrements Measurements Sample ':Samuel Weekly 12.0 mg/I Weekly 45.0 mg/I Weekly Weekly Weekly 400.0 /100 ml Weekly 2/Week Weekly Weekly Daily Type Location Instantaneous I or E Grab E Grab E Grab E Grab E, U, D Grab E, U, D Grab E Grab U,D Grab E,U,D Grab E * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet above the discharge point, D Downstream below t:he discharge point at NCSR 1709. ** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/I. The p11 shall not be Tess than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other. than trace amounts. A. ( Fr ENT LJMITATIC)NS ANI) MONITORING REQI.UREMENTS WINTER (November 1 - March 31) .Permit No. NC00761(a:3 °ing the: period beginning on the cffeclive date of the permit and lasting until expansion above 0.010 MGD, the Perrrtittee is authorized to rout outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Efflugnt_ Chjra,GSera$tii Flow BOD, 5 day, 20 C Total Suspended Residue NH3 as N Dissolved Oxygen— Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Conductivity Temperature e Limita MQnthly Avg. Wes)cly Avg, Dotty. _.Max 0.010 MGD 15.0 mg/I 30.0 mg/I 4.0 mg/t M©nitvring,_l3equirements Meas, rement._. Sanip ELefi t LYRE LOSALIQA Weekly 24.0 mg/I Weekly 45.0 mg/I Weekly Weekly Weekly 400.0 /100 ml Weekly 2/Week Weekly Weekly Daily Instantaneous I or E Grab E Grab E Grab E Grab E, U, D Grab E, U, D Grab E Grab U,D Grab E,U,D Grab E * Sample: locations: E - Effluent, T - Influent., U - Upstrear 50 feet above the discharge point, D - Downstream below the discharge point at NCSR 1709. ** The daily average dissolved oxygen effluent concentration shall not be Tess than 5.0 rng,rl. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall he monitored weekly at the effluent by grab sample. There shall he no discharge of floating solids or visible foam in other than trace amounts. A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 3,I) Permit No. NC0076163 During the period beginning after expansion above 0.010 MGD 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: Effluent Chatacteristic.s DiAthll yge 1.,Imitation5 Mpraterin_g Requltespeptg. MVAAVIVIllen.;__ .$11 !nate !_$_fliTLPte ELQ1141Avu.s. Wegisly Avg, Daily MAX Frequency Type LA.C.E1USLO. Flow 0.100 IVIGD Continuous Recording I or E BOD, 5 day, 20C 8.0 mg/I 12.0 mg/l Weekly Composite E Total Suspended Residue 30.0 mg/I 45.0 mg/l Weekly Composite E NH3 as N 2.0 mg/I Weekly Composite E Dissolved Oxygen" Weekly Grab E, U, D Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml Weekly Grab E,U,D Total Residual, Chlorine 28.0 pg/I 2/Week Grab E Temperature Weekly Grab UiD Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus, Quarterly Composite E Conductivity Weekly Grab E,U,D * Sample locations: E - Effluent, I - Influent, U - Upstream 50 'feet above the discharge point, D - Downstream at NCSR 1709 ** Thc daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg11. The pil shall not, he less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall he no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIE)NS AN)IVIONITORING REQUIREMENTS SUMMER (April I - October 31) Permit No. NC0076163 1)uring the period beginning after expansion above 0.010 MCI) (Continued) Effipant_cbaractarfotico Temperature ploaaarge Lhattatiana Mapitoriag Requirements Dans (opacity) MPflAttettlatikt $amplv ..*P$ Asa P. M90,thIV Avg' Weekly ,Avq, Daily Max F1.qIIJ1U TV.Pe LaCatipp Grab E Daily A, O. I N:L (ENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER, (November 1 - March 1) Permit No. NC0076163. During the period beginning after expansion above 0,010 MGD and lasting until expiration, the Permittee is authorized to discharge from t�a.ttfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent. __c_haraolortir Flow BOD, 5 day, 20'C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Colitorm (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity * Sample locations: E - t i Barge ltOns Monthly Avg. Weekly Avg, Dailyr_x 0.100 MGD 16.0 mg/I 24.0 mg/I 30.0 mg/I 45M mg/1 4.0 mg/I 200.0 /100 ml 400.0 /100 ml 28.0 /l M©nituri ng_ 1 - Influent, U - Upstream 50 feet above the discharge point, D - Downstream at NCSR 1.709 I or E E,I E, I E. E, U, D E,U,D E U,D E E E,U,D ' The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. The p11 shall not he less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly al the effluent by grab sample. There shall no discharge of floating solids or visible foam in other than trace amounts. A. T itNT LIMITATR)N AND MONITORING RI QUIREMENTS NT . Novel' rinc pent beginning a ,r expansion above 0.010 MGD(Continued 1r , t if, Lath! ,v, Pe Tait No. NC0076163. Monitoring aa1r m nts Measnyement Frequency _e DailyGrab Section B. Schedule of Complfanc PART e shall comply with Final Effluent imitations specified for harges i accr. ce with the following schedule:: hall comply with Final Effluent L° itadons by the e f ctiv to of low shall at all dines provide operation and maint n ce necess to exisdn facilities at optimum efficiency, Perrnirt 2. Pe No later th ' l calendardays following a date id ntifted in the above schedule of cornpli ce, the peril-tutse shall subrnit either a report of progress or, in the case of specific actions being; required by identified dates, a ixhittert 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 STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. IEFINITTQN S 1. Permit, Issuing 6uthority The Director of the Division of Environmental Management. 2. pEM or Qjvlsiort Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. . EMC Used herein means the North Carolina Environmental Management Comrntssion. 4. Act Pi. the. Act„ The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Mass/Day 1easurementa a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit b, The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests .were reported. This limitation is identified as "Weekly Average" in Part. 1 of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the r.amber of daily discharges sampled and/or measured during such year, It is, therefore, ar. 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 limitacn is defined as "Annual Average" in Part 1 of the permit. Part II Page 2 of 14 b, CQno Mean _rer rent 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 feel 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 coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable arnount 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 I1 Page 3 of 14 7. Dther.Measu.ementa 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 sarttpiing, 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, 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 time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab sarnples 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 sarnples 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 analog 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 4 of 14 Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its reespective flow divided by the summation of the respective flows. 10. Calendar Pay 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, . Hazardous Substance A har,ardous 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 Clean Water Act. 5ECTIQN B. CENNRA1 ©NJTIONS Duty to Comply The perrnittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates 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 1 penalty assessed not to exceed $2.5,000: 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 perminee 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. Civil_and Crjmjia 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 131.9. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. ©il�d Hazardou Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in tither 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 Inform'atie rl The permittee shall furnish to the Permit Issuing Authority, within a reasonable rime, any information which the Penr-it Issuing Authority may request to determine whether cause exists for modifying, revoking a:;c1 reisvuing, or terminating this permit or to determine compliance with this permit. The ;,erinittee shall also furnish to the Permit Issuing Authority upon request, copies of records require to be kept by this permit. 9. p Reapply Part II Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the peinnittee must apply for and obtain a new permit. 1Q. Exp atiott 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 permittec 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 duty 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.. 12. Pan. II Page 7 of 14 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." This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. Perri t Modification. Revocation and Reissuance. or Termiialii211 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. PreviQu Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation ,f disc surge, are hereby revoked by issuance of this permit, [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, j The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 5ECT1©N C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (©RC) 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 con; idons of Title 15A, Chapter 8A .0202, The GRC of ti,e facility must visit each Class I facility at least weekly and each Class II, Ill, 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 permittie shall submit a letter to the Certification. Commission which designates the operator in responsible charge within thirty days after the wastewatei freatrnent facilities are 50% complete. Part II Page 8 of 14 2. Proper Operation and Mairiterince The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and elated 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 perminee only when the operation is necessary to achieve compliance with the conditions of the permit. 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 (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes there 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 permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permitter 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 permiuee shall submit notice of an unanticipated bypass as required in Part FI, E. b. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 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 Pen -nit 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 permittee who wishes to establish the affirmative defense of upset shall demonstrate,. through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2') The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit.. d. Burden of proof. In any enforcement proceeding the ttee seeking to establish the occurrence of an upset has the burden of proof. 6. jernove0Substance5 Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilizedldisposed 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 lfi 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, Power Fajltir The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Tide L5A, 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 I), MONITORING AND I CARDS I. Representative Sapling 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 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 29535 Raleigh, North Carolina 27626-0535 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'e from the true discharge rates throughout the range of expected Part 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 purnp curves shall not be subject to this requirement. 4. Test Pr©cedure5 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. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both, If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $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 inf )rmation required by this permit related to the peranittee'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 permit, 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 dates) 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. Pan II Page 12 of 14 8. Inspection and Enter 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. REPORTlis,IG REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. ,darned 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) (l). 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. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the perm facility or activity which may result in noncompliance with permit requirements. Part. II Page 13 of 14 4 Trartsfel-s This permit is not transferable to any person except after notice to the Director, The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in its permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. 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. 6, Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shah 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 `?4 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 ibove of this condition if the oral report has been received within 24 hours, 7. Other Noncompliance The perminee shall report -'1 es of noncompliance not reported under Part LT. E. 5 and 6. of this permit at the time monitoring reports are submitted. Th' reports shall contain the information listed in Part il. E. 6, of this permit. Part II Page 14 of 14 Other lnformati 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 Noti15cado' The perrnittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of 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 Repprts 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 fQr Falsification of ReparlS, 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 111 OTHER REQUIREMENTS A. Constructjoa No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1.4.6- dinitrophenol; and one milligram per liter (1 mg/I) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/I); (2) One milligram per liter (I mg/I) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application D. Requirement to Continually Ev4luate Alternatives jc 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, regulatiory, or laws, the permittee shall subrnit a report in such form and detail as required by the Diviso)ii evaluating these alternatives and a plan of action within sixty (60) days of notification by Division, Part 11 Permit No. NC0076163 E. Nutrient Condition for Perm its Without Phosphorus limits This permit may be modified, or revoked and reissued to include an effluent lirr itution on nutrients for this discharge depending upon the following. 1. The findings of a study by the Division of EMI ron control is necessary ental anuernnt determine nutne 2 Local actions do not successfully reduce the nutrient loading ran the receiving v at r . 3. The onset of problem conditions in the receiving waters. E. POTW Connection Condition The perr rittee shall properly connect to an operational publicly owned v astewat r collection system within 180 days of its availability to the site, if the facility is in noncotriplancep with terms and conditions of the NPDES E permit or governing rules, regulations and laws. ANNU PART fV LIAi ON A. The permitt must pay the annual adm st .g and compliance monitonn s t' _ acco n rr revoke the being billed by the Division. Failtire to pay tie fee in a 30 r art H . I may cause is Division to initiam action to his Puhllo document were print d at a cost o $83.13car each,; PERMIT" NO.: NC0076163 PERMITT'EE NAME: Rock Barn Properties Inc.. FACILITY NAME: Rock Barn Properties, Inc. Facility Status: Existing Permit Status: Renewal. Major Minor Pipe No.: 001 Design Capacity: 0.01 MGD Domestic (% of How): 100 % .Industrial (% of Flow): Comments: NPDES WA`TE LOAD ALLOCATION N',C, ,DE ENVIRON NAi"U11 OF HEALTH', URCES RECEIVING STI e Creek Class: C Sub -Basin: 03-08-32 Reference USGS Quad: E14 (please attach) County: Catawba Regional Office: Mooresville Regional Office Previous Exp. Date: 5/31/94 Treatment Plant Class: II Classification changes within three miles: No change within three miles. Requested by: Prepared by: Reviewed by,/ Mack Wiggins Date: 10/20/93 Date: ' 727.41 Date: c 1..{ / 4� Modeler Drainage Area (mi 7Q I 0 (cfs) 7 / Rec. ,Zc . 9 Avg. Strearnl©w (cfs): inter '7Q 10 (cfs) /0, / 30Q2 (cfs) Toxicity Limits: IWC % Acute/Chronic Instrearrr Monitoring: Parameters l - Upstream Downstream tion Characteri Surimer BOD- (mg/1) -N (m,glla) 2 D.O. (rrrg/I) 5 S TSS (mg/l) 3© F. Col. (/100 rni Zoo pH (SU) Cornrents: o. a!°.MW) FACT SHEET FOR WASTELOAD ALLOCATION Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: C Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: ROCK BARN PROPERTIES NC0076163 100% Domestic Existing Renewal Lyle Creek 030832 Catawba Mooresvil Wiggins 10/25/93 E14NW Request # 7630a USGS ## Date: Drainage Area (rni2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): 26.9 7.1 10.1 31.3 13.2 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing NPDES permit for flows @ 0.010 MGD (built) and 0.100 MGD (permitted). Existing lirnits of 8/2/5 & 16/4/5 recommended @ 0.100 MGD as water quality management strategy for the Lyle Creek Basin. At 0.010 MGD, model results indicate that 30/30/5 will protect water quality. SOecial Schedule equirrenaents . d additional c©rnn n s frorxr Revie Recommended by: Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: RETURN TO TECH AL SERVICES BY: Date: 1/3,/'94 D Date: Date:: Wasteflow (MGD): BOD5 (mg/1). NH3N (mg/1): DO (mg/1): TSS (mgfi). Fecal Cola (/100 ml): pH (SU): Residual Chlorine (µg/1) Temperature (°C): I P (mg/1): TN (mg/1) Recommended. Lirnils Wasteflow (MGD): BOD5 (mg/1): NII3N (mg/1): DO (mg/I): TSS (nig/1): Fecal Col. (/100 m1): pH (SU): Residual. Chlorine (.tg/1): Temperature (°C): TP (mg/I). TN (mg/1): Limits Changes Due. Tot Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information CONVENTIONAL P Monthly Average Summer Winter 0.100 0.100 8 16 4 5 5 30 30 1000 1000 6-9 6-9 monitor monitor monitor monitor Qrtrly Qrtrly monitoring monitoring Qrtrly Qrtrly monitoring monitoring Monthly Average Summer Winter 0.01.0 0.010 30 30 monitor monitor 5 nr 30 30 200 200 6-9 6-9 monitor monitor monitor monitor nr nr nr nr RS Q or EL Parametr(s) Affected X Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No parameters are water quality l.irnited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: 50 ft, upstream of discharge Downstream Location: SR 1709 Parameters: Temperature, DO, Fecal Coliform, Conductivity Special instrearn monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with. existing treatment facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes If yes, please provide a schedule (and basis for that sch office recommendations: ,Special Ins c No u regional If no, why not? ns or Condition Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, taxies spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO076163 PERMITTEE NAME: Rock Barn Properties, Inc. FACILITY NAME: Rock Barn Properties, Inc. Facility Status: Existing Permit Status: Renewal Major Minor `/ Pipe No.: 001 ��esigrt Capacity: � MGD . 00 Al Indus - Comments: of Flow): 100 % Flow): REC'EIV. NG STREAM: Lyle Creek" Class: C Sub -Basin: 03-08-32 Reference USES Quad: E14 (please attach) County: Catawba Regional Office: Mooresville Regional. Office Previous Exp. Date: 5/31/94 Treatment Plant Class: II Classification changes within three miles: No change within three miles Requested by:_ Prepared by: Mack Wiggins Date:lt)/20/93 Reviewed bye:" Date: Date: Modeler Date Rec, Drainage Area (mi ) • 9 Avg. Strearnflow ( 7Q10 (cfs) 7./ Winter 7Q10 (cfs) /01 30Q2 (c Toxicity Limits: IWC %r Acute/Chronic Instrearn Monitoring:. Parameters Upstream / Location Downstream Location Effluent Characteristics BOD ( NN (mg/l) D.O. (rng/1.) TSS (mg/1) F. Col. (/100 mi.) pHI. (SU) Cotrrrrtents: Summer S 2 Winter Zc !Priiiiiiiir' • Facility Narne: NPDES No,: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County:: Regional Office: Requestor: Date of Request: Topo Quad: FACT SI-IEET FOR WASTELOAD ALLOCATION ROCK BARN PROPERTIES NC0076163 100% Domestic Existing Renewal Lyle Creek C 03©832 Catawba Mooresvill Wiggins 10/25/93 E14NW Request # 76 dream Chactri,siic:. USGS # Date: Drainage Area (n i2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): b 26.9 7.1. 10.1 31,3 13.2 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing NPDES permit for flows @ 0.010 MGD (built) and 0.100 MGD (permitted).' Existing limits of 8,2/5 & 16/4/5 recommended as water quality management strategy for the Lyle Creek Basin. Special Schedule Requirements and widitinnnI COrnra ents from Revie Recommended by: Reviewed by lnstrearn Assessment: Regional Supervisor: Permits & Engineering RETURN TO TECII'ICA SERVICES BY: Date: I. 4 0 ENATRKyv 2 Existin Wasteflow (MGD): BOD5 (mg/I): NH3N (mg/1): DO (mg/I): TSS (mgf1): Fecal Co1. (/100 mi): pH (SU): Residual Chlorine (iagil): Temperature (°C): TP (mg/1): TN (mg/D: Recommended Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mg/I): TSS (mgil): Fecal Col. (/100 mi): pH (SU): Residual Chlorine (_tg/1): Temperature (°C): TP (mg/1): TN (mg/1): CONVENTIONAL PAR Monthly Average Summer Winter 0.100 0.100 8 16 2 5 30 1000 6-9 monitor monitor Qrtrly 4 5 30 1000 6-9 monitor monitor Qrtrly morutonng morutonng Qrtrly Qrtrly monitoring monitoring ETERS Monthly Average Summer Winter WQ or EL 0.100 0.100 8 16 2 4 5 5 30 30 200 200 6-9 6-9 28 28 monitor monitor Qrtrly Qrtrly monitoring monitoring Qrtrly Qrtrly monitoring monitoring Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wa.steflow Other (onsite toxicity study, interaction, etc.) Instreani data New regulations/standards/procedures New facility information Parametr(s) Affected Parameter(s) are water quality liniited.. For some -parameters., the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: .50 ft. upstream of discharge Downstream Location: SR 1.709 Parameters; Temperature, DO, Fecal Col.iform, Conductivity Special instream monitoring locations or rnonitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of EistinIrn Has the facility demonstrated the ability to meet the proposed new limits with existing treatrnent facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments.