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HomeMy WebLinkAboutNCG500252_Regional Office Historical File Pre 2018State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr.., P.E., Director Ma 7, 1997 NEIL WRIGHT DORAN TEXTILES INC - EST POBOX9000 SHELBY NC 28151 Subject: Rescission of NPDES General Permit No. NCG500252 Doran Textile - Esther Mill. Cleveland County Dear Mr. Wright: Reference is made to your request for rescission of the subject NPDES Permit.. Staff of the Mooresville Regional Office have confirmed that your facility has ceased all operations that made this NPDES Permit necessary. Therefore, in accordance with your request, NPDES General Permit No. NCG500252 is rescinded, effective immediately. If in the future youwish to again discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES Permit. Discharging without a valid NPDES Permit will subject the discharger to a civil penalty of up to $10,000 per day. If it would be helpful. to discuss this matter further, I would suggest that you contact Rex Gleason, Water Quality Regional Supervisor, Mooresville Regional Office at 704J663-1699. Sincerely, 4r..A., Preston Howard, Jr., P.E. cc: Mr. Roosevelt Childress, EPA Cleveland County Health Department Mooresville Regional Office Permits & Engineering Unit - Dave Goodrich - wlattachrnents Operator Training and Certification Facilities Assessment Unit - Robert. Farmer - w/attachments Central Files - w/attac_hlnents P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 9 9-733-9919 An Equal Opportunity Affirmative Action Employer 50©to recycled/ 10% post -consumer paper 1\ 1..,. p.ne r TrtTRAL r; b• 3 ,. State of North Carolina Departtrrt+r nt of Environment, Health and Natura Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27611 James G. Martin, Governor Willi in W. Cobey, Jr., Secretary George T. 'Everett, PhD ,Director August 30, 1991. Charles P. Roberts P. O. Box 9000 Shelby, NC 28151 Subject: Permit No. NC0080454 Doran Textile, Incorporated Cleveland County Dear Mr. Roberts: In accordance with your application for discharge permit received on April 18, 1991., we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Mernor.an.durn of Agreement. between North Carolina and the US Environmental Protection agency dated December 6, 1983, If any parts, measurement frequencies or sampling requirenielats 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 Caroling 27611 -7447. Unless such demand is made, this decision shall be final and binding, Please take notice this permit is not transferable, Part L1, E.4. addresses the reents to be followed in case of change in ownership or control of this discharge. This pennit does not affect the legal requirements to obtain other permits which na} be required by the Division of Environmental Management or pernrits required by the Division Land Resources, Coastal Area Management Act or any other Federal or Local governmental pet that may be required. If you have any questions concerning this permit, please contact Ms, Angela (lr-iffin at telephone number 919/733-5083. cc: Mr, Jim Patrick, EPA Mooresville Regional 0 Sincerely, Original si,ci by Dale dvercash for George T. Evere Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7C115 An Equal Opportunity Affirmative Action Employer Permit No. NC0080454 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT Iv' °rnrpi, PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ISM{'ltli'eltk �Id Qtn`fe �'r4 r., 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 Envi Management Commission, and the Federal Water Pollution Control Act, as amended, Doran Textile, Incorporated ereby authorized to discharge wastewater from a facility located at Esther Mill 492 Lineberger Street. Shelby, NC Cleveland County n to receiving waters designated as unnamed tributary to Hickory Creek in the Broad River Basin ental in accordance with effluent lirtaitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective October 1, 1991 This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day August 30, 1991 Original signed by bale Overcash for George T. Everett, Director Division of Environmental. Management By Authority of the Environmental Management Commission rcy aaa ilaricl to: P rtaait a.NC0080(154 J PPI EME2 ' "1 C PP M [T COVER Doran 1't t'l ., Incorporated 1. Continue to disclaiarl C1. X19 MGD of non -contact cook g at r ltacated at Lineberger Street, Shelby, NC, Cleveland County (See Part Ill of this Perm 2. Dischargelrc taa said tre atm nt works at tle location n s ecif`i 492 at lied map into unnan ,d tributary to Iicbory Cr .k which is alas fled Class C watets in the Brad Fiver Basin. .•`Orive-1Ct Theater Trailer `Park A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0080454 During the period beginning on the effective date of the permit 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 Characteristics Flow Temperature Total Residual Chlorine Discharge Lbs J d a y Mon. Avg. Daily Max Mon. Avg. Dalty., Max. rnitations Units {specify Monitoring Requirements Measurement Sample *Sample Frequency Type Location THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED T "THE COOLING WATER. ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.S °C and in no case cause the ambient water temperature to exceed 29 °C. The perrnittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). 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. PART 1 Se 'O. 8 Schedu The perm' accordance Perin. perrni of Compliance hall comply the following scl tee shall comply with Final carless specified below, Fe °aittee shall at all times provide the opera existing facilities at optimum efficiene . specifie tiuns by 1 main nanc aces the necessax to ope te the To later tt a 14 calendar days foils ccrnapliaace, the pertnittee shall actions being required by identi In the latter case, the notice shal taken, anti the probability of Inc: date it ed data incltir in the above sc.hedaale of er a report of progress or, it 'inter) notice of Compliance rar° stir ncornpliance, any t°eniedi text sc c.rlt le requirements. Part II Page l of PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. ., DEM or Division Means the Division of Environmental Management, Department and Natural Resources. EMC Used herein means the North Carolina I ravirotaraac.ntaal Iaraagement Colrain 'on. 4. Act or "the Act" e The Federal Water Pollution Control Act, aca nor"aa as the Clean Water Act, as amended, 33 USC 1251, et. seq. N'iass/Day Measurements The '"nac ntlaly average discharge" is defined as the total mass of al] daily discharges sampled and/or measured during a caletacl tr raaonth on which daily di c.h,arges t►r► 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 "° Tekly average discharge"" is defined as the. total mass of all daily discharge sampled and/or measured during tlae calendurr 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 n etar t found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. The " 'tuna daily discharg during a endar day. If on' of pollutant calculated from identified as "Daily Maximum,, iglatj of a polluttartt disc.laar4g,ed k-n. during any calendar day the dailv discharge " This lirnitatior Part 11 Page 2 of 14 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. 6. Concentration ,Measurement 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 dining 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 Units" in Rirt 1 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 tOr fecal coliform bacteria is the geometric mean of the counts for samples collecied during a calendar Week„ This limitation is identified as "Weekly Average" under "Other Units" in Part 1 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 i he "M axinumi Daily Concentration". It is identified as "Daily Maximum" under "Other Units" in Part I of the permit. d. The "average annual concentration," other than for fecal conform 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 colifonii bacteria is the geometric mean of the counts for samples collected during a calendar year. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. Part ft Page 3 of 14 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 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. 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 tirne. of sampling, when both the sarnple 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. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sampleintervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between samplecollection 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 of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part 11. Page 4 of 14 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 (I). Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10, Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day, However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may he used for sampling. 11. HazardousSubstance A hazardous substance paeans any su to Section 311 of the Clean Water Act, 12. Toxic Pollutant c designated under 4f1 CFR Part 116 pursuant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CQNDTTIONS 1. Duty to Comply The pennittee na.ust comply with all conditions of this permit. Any 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 pernuttee 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, 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 I 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 he assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. I Ref: Section 309 of the Federal Act 33 U.S.C, 1319 and 40 CFR 122.41 (a)] Part II Page 5 of 14 c. Under state law, a daily 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 § 143-215.6 (a)I 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a .reasonable likelihood of adversely affecting human health or the environment. 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 143-215.3, -143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be: temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve .the pemittee 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 r Offshore „nstruct This permit does not authorize or approve the construction of any onshore or offshore physicai 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 circtmistances, is held invalid, the application of Such provision to other circumstances, and the remainder of this permit, shall. not be affected thereby. Part II Page 6 of 14 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 Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge that has not requested renewal at least 180 days prior to expiration, or any discharge 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 Authorial shall be signed and certified. a. All permit applications shal cl 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 O 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 Part .II Page 7 of l4 equivalent responsibility, or an individual or position having over 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 Issuin Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall snake the following certification: °'I certify, under penalty of law, that this document and ail attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my, inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations," 12. Peanut Actions This permit may be modified, revoked and reissued, or ternnated for c.ause.The tiling of a request by the permittee for a permit tuodific ttion, revocation and reissuanor termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Tenmiinanon 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 Pe All previous National Pollutant Discharge EliminationSystem Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND 1+ MAINTENANCE C)F POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, 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. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. Partll Page 8 of 14 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 permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back --up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it necessary to halt or reduce the permitted activity in order to maintain con condition of this permit. 4. Bypassing of Treatment. Fac Definitions d have been nce with the "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. "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 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. 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 pe ee shall submit notice of an unanticipated bypas as required in Part II, E. 6, of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Pertnit 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; Part. II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during norrnal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part 11, I. this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Subs n Pant I1 Page 10 of 1.4 Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-21,5.1 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 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 notmodified 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 Failures The perniittee is responsible for maintaining adequate safeguards as required lae° DEM'1. Regulation, Title 15A, North Carolina Adn inistrati e Code, Subchapter `'fl, ,0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby yenertators or.. retention of inadequately treated effluent. SECTION D. MC CORING AND RECORDS 1. Representative Samplint Samples collected and measurements taken, as required herein, shall be characteristic of 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. Reporting, Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Fonai (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 pen the case of a new facility, on the last day of the month following the. ccrraaraaenc{erraent of discharge. Duplicate signed copies of these, and all other reports. submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part 11 Page 1.1 of 14 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 I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants .shall conform to the EMC reguit rtions published pursuant to NCGS 143-21.5.63 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 1.36. 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 Tam pering The Clean Water Act provides that an person who falsifies, tar ipers itl� car l rtr iragiy renders inaccurate, any monitoring device or method required to be maimairted under this permit shall, upon conviction, be punished by a fine of not more than $10. )00 per violation, or by imprisonment for not more than two years per violation, or by both, 6. Records Retention The permittee shall retain records of all monitoring information, including ,-ill carlibration 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 in tttion: a. The date, exact place, and time of sampling or measure tents; b. The individual(s) who performed the stud-1pling or r teasurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e, The analytical techniques or methods used; and f. The results of such analyses, 8..Inspection and Entry The permittee shal presentation of crede a. Enter upon the pe Part II Paae 12 of 14 w the Director, or an authorized representative, upon the and other documents as may be required by law, to; ee'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; 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. SECT E. REPORTING REQUIREMENTS 1. Change in Discharge All, discharges authorized herein shall be consistent with the terms and condi.ti permit. The discharge of any pollutant identified in this perrnit more frequently level in excess of that authorized shall constitute a violation of the pennit. Planned Chan The permittee shall give notice to t of this or at a Director tts soon as possible of any planned physieal erations or additions to the permitted faNotice is required only when: The alteration or addition to a l determining whether a faci]-ity is a ttesl facility may meet one of the criteria for source in 40 CFR Part 122.29 (b), or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged, This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit re( erns. 4. Transfers This perrnit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the pet7amittee and incorporate such other requirements as may be necessary under the Clean Water f' Part I.➢ Page. 13 of 14 5. M.on,itoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) {See Part II. D. 2. of this permit). 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, 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 -foul° hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which ma.y endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee because aware of the circumstances. A written submission shall also be provided within 5 days of the. time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B)Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge Iimitation for any of the. pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been receivedwithin 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part I. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part I1. 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. Part II Page 14 of 14 9.. i oncompliance .Notification The. permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,. but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: 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. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal .Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.. PART Ili OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) 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/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. Part III Permit No, NC0080454 D. Biocide Condition The perrnittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. ISTERING PART IV COMPLIANCE MO A. The Pemlittee must pay the annual as *nistering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 211 .0105(b)(4) may cause this Division to initiate action to revoke the permit.