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HomeMy WebLinkAboutNC0031062_Regional Office Historical File Pre 2018Michael F. Easley, Governor William G. Ross Jr., Secretary Department of .Environment and Natural Resources Alan W. Klimek, P.E.. Director Division of Water Quality February 10, 2003 Mr. Donald E. Yelton Yelton's Health Care P. O. Box 40 Fallston, NC 28042 Subject: Rescission of NPDES Permit Permit Number NC0031062 Yelton's Health. Care WWTP Cleveland County Dear Mr. Yelton: 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 Therefore, in accordance with your request, NPDES permit NC0031062 is rescinded, effective immediately. If in the future you wish to 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 $25,000 per day. If you have questions about this matter, please contact Bob Sledge at (919) 733-5083, extension 547 or the Water Quality staff in our Mooresville Regional Office at (704) 663-1699. Sincerely, cc: ±ar NPDES Unit Point Source Compliance — Bob Sledge - w/attachments Central Files - w/attachments Fran McPherson, DWQ Budget Office (Alan W. Klimek, P.E. /attachments Customer Service 1 800 623.7748 Division of Water Quality 1617 Mail Service Cen Fax (919) 733-9612 (919) 733-7015 Raleigh, NC 27699-1617 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 November 25, 1998 Mr, Donald Yelton Yelton's Health Care, Inc. Post Office Box 40 Fallston, North Carolina 28042 DEN R Z474,00 DWI. (V' V$4,0.1P vi!f•v:rol °Wt '14tt.it4 Subject; Issuance of NPDES Permit Permit No, NC0031062 Yelton's Health Care, Inc. Cleveland County Dear Mr. Yelton: This letter is to inform you that the Division has finalized its review and the comment period is now closed for NPDES permit NC0031062. A final copy of the permit is attached to this letter for your records. The following list has been included to outline the changes that were addressed in the draft permit. These changes remain unchanged in the final permit: • The permit expiration date has been changed. The permit renewal will expire on August 31, 2003. The expiration dates have been revised so that an equal number of permit renewals will come in at any one time. This change will allow the Division to issue permits more efficiently. • The flow monitoring frequency was changed to continuous recorder. This is a requirement of all facilities that discharge > 10,000 gallons per day. » The monitoring frequency for Temperature and Ammonia has been revised as per the requirements outlined in the North Carolina Administrative Code Section 15 A NCAC 2B.0500. 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. RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-7 -0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Issuance of NPDES Permit Permit No. NC0031 Ii62 Yelton's Health Care, Inc. Page 2 of 2 Please be advised 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. In addition, this permit does not affect the legal requirement 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 permit that may be required. In closing, I would like to state that it is the Division's ultimate goal to provide quality service to the public. Please take a moment to review the procedures you followed in applying for this permit renewal in addition to the Division's response to your project needs. If we can improve our service to you in any manner, please bring it to our attention. We appreciate your cooperation during the renewal process and we look forward to working with you in the future. If we can be of further assistance to you or if you would like to suggest any improvements we can make to strengthen our customer service efforts, please do not hesitate to contact Jeff Myhra of my staff at (919) '733-5083, extension 597. cc: Central Files aosevelt Childress EPA Point Source Compliance Enforcement Unit NPDES Unit / Permit file §incere uriginar 'Signed By David A, Goodrich A. Preston Howard, Jr., P.E. STATE OF NORTH CAROLINA DEPART TENT OF ENVIRONMENT AND NATURA Pe it No. NC00 062 SOURCES DIVISION 1 F WATER QUALITY PE T TO I IS H GE WASTEWATER IDER THE NATIONAL POLLUTANT DISCHARGE I-IARG ELIIvIII IAT1ON SYSTEM Irt c upliance with the Provision of North Caroling General l Statute 1 - 1 . l , other lawful s Jards wid regulations pro ul ated and adopted by the Forth Carolina Environmental l agement Co scion,, d the Federal Water Pollutions Control Act, as ended, "elton°s Health Care, Inc. is hereby audio zed to dischae wastewater from a facility located at the elton's Health Care, Inc: 2904 Philadelphia Road Lawndale Cleveland County to recei rin waters designated as Magness ness Creep in the Broad River Basins in accordance with effluent mitations, monitoring requirements, ents, d other conditions set forth in Parts I II, III, and I" ` hereof`: e permit shall become effective January 1, 1999 This pemtit and the authorization to discharge shall expire at inidnight on August 1,2003 Signed this day Noveirtber 25, 1998 soil Signed By d is A. Preston Flowand, Ir., P.., Director Division of Water Quality By Authority of the Environmental 1 I age ent torn fission Permit No. NCO 1 062 SUPPLE E ENT TO ICE T COVER SLEET is hereby authorized to: "eltal. s Heal are, lne 1, Continue to operate an existing 0.015 extended aeration wastewater treatment plant consisting of a bar screen, equalization basin, aeration basin, clarifier, tablet chlorinator,. chlorine contact basin, dechlorination, and Dump station with force main located at Yelton Health Care, Inc., 2904 Philadelphia Road, ad, Lawndale, Cleveland County (See Part111 of this permit), and . Discharge from said treatment worksat the location specified on the attached map into Magness Creek hich is classified glass W -Its raters in the bread diver Basin. Latitude: 35°25' 02" Longitude: 81 ° 31' 09" USGS Quad #: FI2NE River Basin #: Broad Receiving Stream: Magness Creek Stream Class: WS-IV A.(1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC003 1 062 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow BOD, 5 day, 20°C Total Suspended Solids NH3 as N (April 1 to October 31) NH3 as N (November 1 to March 31) Fecal Colifor (geometric mean) Total Residual Chlorine Temperature Monthly Average 0.015 MGD 30 0 mgfl 30.0 mg/I 4.0 mg/I 12.0 mg/I 200 / 100 ml LIMITS Weekly Average Daily Maximum 45.0 mg/I 45.0 mg/I MONITORING REQUIREMENTS Measurement Frequency Continuous Weekly 400 / 100 ml 28 pg/I Notes: I Sample locations: I — Influent, E — Effluent. 2 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Weekly Weekly Weekly Weekly Sample Type Recorder Grab Grab Grab Grab Sample Location' I or E E 2 / Week Daily Weekly Grab Grab Grab Grab PART I Section B. Sclie ul& f Compliance; 1. The permittee shall comply with Final Effi ent t imitations wed for discharges %n accordancce with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECJ I *N A. DEFINITIONS Permit Issuing Authority The Director of the Division of Water ?ualaty. 2 DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known 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 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 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 permit. Pan II Page 2 of 14 6. 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 1 of the perrnit. 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 1. f. 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 Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 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. TypesofSampe5 a . Composite Sample: A composite sample shall consistof: (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 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 oi 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). c. Weighted by Flow Value; Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day, However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazard ousSutstance 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(0( af the Clean Water Act. 5ECTIQN B. GENERAL ONDITTO 5 Poty 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 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 $2.5,000 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 US.C. 1319 and 40 CFR 122.41 (a)1 • 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 § 143-215.6A1 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. 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 11 penalty not to exceed $125,000. Part II Page 5 of 14 2. Puty to Mitigatq 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 11, 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 143-2153, 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 Liabilitv Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perrnittee 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 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 permittee shall also furnish to the Perrnit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Puty td 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 Part 11. Page 6 of 14 111111r- 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 info and certified. tion submitted to the Pe ssuing Authority shall be signed a . All permit applications shall be signed as foliows: (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. 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." Pan 11 Page 7 of 14 12. Permit Actions 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. 13. Permit Modification, Revocation and Reissuancr 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 thisfacility, whether for operation or discharge, 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. 1 The conditions, requirements, terms, and provisions- of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION . 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 (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 BA .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, 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 SA .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance 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 perrnittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 4 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. Dypassing of Treat 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 permittee may allow any bypass to occur which does not cause effluent limitationsto 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 II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority rnay 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 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. (l) of this section. 9' Part II Page 9 of 14 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 perrnittee. 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 IL E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part I1, B. 2. of this permit. d. Burden of proof. In any enforcement proe the burden of proof. seeking to establish the occurrence of an upset has 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 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 allures 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. Part II Page 10 of 14 MQNITORING. A)ID 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 an 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. 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 pr 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 Water Quality 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%, from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part 1 of this permit and based on the manufacturer's pump curves shall not be subject to this requirement, Test Proced tres 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 1.314, 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 Part 11 Page 11 of 14 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. Records Retention Except for records of monitoring information required by this permit related to the permittec' 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. 8. 1 spection 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 per tees 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 tunes 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. Part Page 2of14 5ECTIQN E. R ,PDRTIN REQU1REME T 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 ChttlteS 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 c 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 kart 122.4'2 (a) (l), is for determining 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 perrnit, 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. The • facilit Noncompliance shall give advance notice to the Director of any planned changes in the permitted activity which may result in noncompliance with permit requirements. 4. Iran fers 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 sF a. Monitoring results must be reported on a Discharge of this permit) or forms provided by the Director for or disposal practices. cified elsewhere in this permit. Monitoring Report (DMR) (Sec Part 11. D 2 eporting results of monitoring of sludge use b. if the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 11, 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 sh arithmetic mean unless otherwise specified by the Director in the permit. uti ze an Part Il Page 13 of 14 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 29 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, elirninate, 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 poHutant isted 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 II. E. 6. of this permit. 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. Ncncornrliance Notification 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 e.ssage of a slug of hazardous substance through the facility; or any other unusual circ-umstances, 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. Part II Page 14 o 1.4 Persons reporting such occurrences by telephone shall also file a written report in letter forma 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 Water Quality. 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. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. GrounclwaterM_onitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, 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/1); (2)Two hundred micrograms per liter (200 ug/i) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1-4.6-dini trophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the perrnit 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 (I 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 toWastwater 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. AL AD '.T wee must pay the. ad to g and compliance monitoring fee .. y days ter being billed by the Division, Failure to pay the tee in .: eiy manner in accordance ivith 15A NCAC .0105(b)t4 y cause this i r" in to" "bate action to revoke the pe t. 500 copies of his public documen were printed t a cost bf i 35..5 i or S 27 per p}. ASTE LOAD ALLOCATION T'ERMIT" NO.: NC0031062 PE ;I MIITEE NAME: Yelton°s Health Care, Inc. FACILITY NAME: Yelton's Health Care Facility Status: Existing Permit Status: Renewal with Modification Major Pipe No.: (X) Minor Design Capacity: 0.015 MGD Domestic (% of Flow): Industrial (% of Flow): Comments: permit currently at 4 CPD and want to move outfall to positive flow stream and increase flow for expansion. 100%, RECEIVING, STREAM: an unn seo tributary tc Magness Class: WS-llI Sub -Basin: 03-08-04 Reference USGS Quad: 2NE (please attac County: Cleveland Regional Office: sville Re e Previous Exp. Date: 11 "30 3 T"reatment Plant Class: Classification changes within thre Requested by: 4 Prepared by:; Reviewed/by. Charles Alvarez Modeler Date Rec. L3 Drainage Area (mi ) 0. 5/3 Toxicity Limits : LWC lnstrearn Monitoring: Parameters Avg. Strearnflow (cfs) 7Q10 (cfs) 0,0? Winter 7Q10 (cfs) ©. i5" 3OQ2 (cfs) % Acute/Chronic Upstream Location Downstream Location Effluent Characteristics Summer Winter BOD NH3-N D.O. TSS (m 30 F. Col. (/100 ml) ©W pH (SU) ents: c. DZTT- or NA'►"xraiL 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: FACI SHEET FOR WASTELOAD .ALLOCA Y'elton's Health Care NC0031062 100% Domestic Existing Renewal witn Modification CUT Magness Creek WS-III 030804 Cleveland Mooresville Xk Alvarez 5/4/93 F12NNE Request # pig Stream Charat:te 7446 JUG 0 6 993 0111S15ti [IfRE6101,111 Rfl E USGS # Date: Drainage Area (nu2; Summer 7Q10 (cfs) Winter 7Q10 (cfs): Average Flow cfs): 30Q2 (cfs): IWC (%): 0.43 0.09 0.15 0.59 0.20 Was load Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit with two modifications, 1) relocation to positive flow stream 2) expansion of flow from 0.004 MGD to 0.015 MGD. Tech Support recommends issuance of permit with new limits for BOD5, NH3 (for toxicity), and chlorine. Special Schedule Requirements and additional comments from. Reviewers: l ecommended by) Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: TURN TO TECI4NLCAL SERVICES BY' Date: 6/28/93 Date: Wasteflow (MGD): ): BOD5 (g1) NH3N g/1): DO ( g/I)' TSS (ram):: Fecal Col, (/100 pH (SU): Residual Chlorine ( Tempera e (1 ) c Rec.' n ended C1 VENTIONA PRE RS Monthly Average Summer Winter 0.004 23 3 6.0 30 9 monitor monitor MonthlyAverage Summer Winter WQ or Elf Oaste.flo (): 0.015 0.015 BOD5 (. g/I 30 30WQ NH3N (m 41 WQ DO (mg/1): nr TSS (nib),'30 30 Fecal Col. (/1 200 200 p (SU): 6-9 6-9 Residual Chlorine (d. 28 28 Limits Changes lase T& Change in 1710 data Change in seam clasifieatic n Relocation of discharge Change in wasteflow Other (nsite toxicity study, interaction, Instream data New regulations/standards/procedures New facility information ation Parameters) Affected NH3 Fecal Co lii�o , CI _ Para. eter(s) are °pater duality limited. For some parapet rs, the available load capacity the immediate receiving water will be e n timed. This may affeu future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No para eters are ry terqualit #lit iced, but nos disehtrge a aff .t future aI1oc tions Upstream ati n: Downstre ation: k a meter Spec" nstrearn monitoring locations or tt nitorin INSI R AM l ONT ORING REQUIUMENTS luncic MISCELLANEOUS FOR TION SPECIALCO TIC N Satin f Itral Has the facility demonstrated d. the ability to meet the proposed new Batts itlr existing trey ent facilities? Yes No If no, which parartrs cannot be Would a 'phasing in" of the new li s be. appropriate? Yes No If` yes, please provide a schedule (and bast office r corr r ndations: hat schedule) with the regional If no, r h s dtt ns or Conditions itload seal to EPA? yes, then attach schem assumptions that were rase Additional Information n an ajoi Or N) ic, toxins spreadsheet, copy of model, or, if not rr cidcl d, then old and description of how it fits into basinwide plan) hed? (Y r N If es, explain rtft attachr ants.