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HomeMy WebLinkAboutNC0005169_Regional Office Historical File Pre 2018State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Managemen James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 20, 1993 Paul L. Schroeder P 0 Box 795 Bessemer City, NC 28016 N.C.or ENVI,R,01°;0;000, 8. OCT 2 2 1993 Subject: Permit No. Ne0005169 FMC Corp., Lithium Division Gaston County Dear Mr. Schroeder: In accordance with your application for discharge permit received on March 1, 1993, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental perrnit that may be required. If you have any questions concerning this permit, please contact Ms. Susan Robson at telephone number 919/733-5083. cc: Mr. Jim Patrick, EPA ce Sincerely, Original Sigried By Coleert H. Sullins A. Preston Howard, Jr, Director P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0005169 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, FMC Corporation, Lithium Division is hereby authorized to discharge wastewater from a facility located at NCSR 1474 east of Tryon Gaston County to receiving waters designated as an unnamed tributary to Long Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth Parts I, II, and III hereof. This pelulit shall become effective December 1, 1993 This permit and the authorization to discharge shall expire at midnight on September 30, 1996 Signed this day October 20, 1993 (7).r 'g'/IR.1 Signed By Coleen H. Sullins - A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Cornmission Pe it No, NCI 1 t 169 SUPPLEMENT TO PE ITT COVER FMC 'orporati n, Lithium Division for is hereby authorizedto: 1. Continue to discharge process wastewater footfall 1) from a wastewater treatment system consisting of settling lagoons, pit dewaterin (outfall and is authorized to sch e pit clewatming and process wastewater through a common ootfall 1) located at NCSR 1474, east of Tryon, Gaston County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specifiedon the attached map into an unnamed tributary to Long Creek which is classified Class C waters in the Catawba River Basin. • ; • • • • , • j)..) 0 , . . I "1 ``. 0 *; / 0 1.) - A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005169 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 00t . Such discharges shall be limited and monitored by the permittee as specified below: These limits apply to the process wastewater discharge and/or a combination of Process wastewater and Pit Dewatering. Effluent Characteristics Discharge Limitations Monitoring Requirements 1,11,91tilY Units (soecIfy) Measurement Sample !_$_11 rnPie Mon. Avg, Daily Max Mon. Avg. Daily Max, Frequency Type Location Flow Continuous Recording I or E Total Suspended Residue 50.0 mg/I 90.0 mg/I 2/Month Composite E MBAS 0.50 mg/I 2/Month Composite E Chloride 2/Month Composite E Turbidity * * * 2/Month Grab 11,D Sulfate 2/Month Composite E Lithium Monthly Composite E Sodium Monthly Composite E Calcium Monthly Composite E Acute Toxicity " Quarterly Composite E Total Nitrogen (NO2+NO3+TKN) Monthly Composite E *Sample locations: E - Effluent, I - Influent, U-Upstream approximately 50 feet above discharge, D-Downstream approximately 100 feet below discharge **Acute Toxicity (Daphnid 24hr) No Significant Mortality at 90%, February, May, August, and November, See Part III, Condition E. ***The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot, cause any increase in the turbidity of the receiving water. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. . ), ELIMITATIONSA •'ONITORING REQUIREMENTS Permit Nia, NC0005169. During period beginning n the effective date of the permit and lasting until expiration, e Permitt is authorized to discharge from outfall(s) serial number 001 (Continued) Etfluent Cheroots ti s Total Phosphorus Olson rge t,lrr ltatians Other Units Mon. Avg, Daily Mon. Avg. Last ay Monitoring ecltv1 Measurement frequency Monthly Requirements �i Type Lcreation Composite E A. .. E aUENT LIMITATIONS AND t NITOI Ii' REQUIREMENT'S FINAL Permit Now NC0005 169 During the period beginning on the effective date of the permit and lasting until expiration, e Per=t is authorized to discharge from outfall(s) serial number CX.12 . Such discharges shall be limited and monitored by the point ee as sheetspecified below: These limits apply when discharging Pit dewatering only. Flow Settleable Solids Turbidity Les/ ay Mgm Avg, DaUy Mg L. Avg, *S plc locations: _ fluent BMP Conditions 0.1 50 Measurement Frequency Monthly 0.2 awl/i Monthly Monthly Sample Type Instantaneous Grab Grab E E 1, The pennittee shall operate the facilitio s in a manner which will rrrini zethe impact on the receivingwaters. 2. The pennittee shall utilize sound management practices to ensure that con . inants do not enter the surface waters as a rrsulf of blasting at this site, The pH shall not be less than 6.0 s andard units nor greater than , st lord units and shall tnonito samples.. There shall be no discharge of floating solids or visible fo n other tlrar ace amounts. y at the effluent by grab permi rdance comply fU ` g sc ly with Final Effluen1 lo by ions °scharges of the n c necessary a later th 14 days fallowing a date identified t1"aabove schedule of compliance, the perrnittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a `tt n notice f compliance or n nc rrpliancer In the latter case, the notice shall include the cause of noncornpliana , any rern i actions taken, and the probability of meeting the next schedule requirements. Part II Page 1of14 1. 2. PART II ITIONS FOR NPDES P 0$ ssuing Authority tor of the Division of Envirottrrtentill . Management DEM car Division Means the Division of Environmental Management, Department of Enviroa znent, Health and Natural Resources. ENIC Used herein t 4. Act or the A EstheN a n The Federal Water Pollution Control Act, also kno USC 1251, et seq. 5. Nlass,/av Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported, This limitation is identified as "Weekly Average" in Part I of the 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 Pan 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 Pan I of the permit agernent Commission. an Water Act, as amen Part II Page 2 of 14 6. Concca don M a. The "average monthly concentration," other tlrarr for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled a"or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which -daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count. for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits"' in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration' It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "'Annual Average" under "Other Limits" in Pan I of the permit. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount. of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quaver is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. g. Part.11 Page 3 of 14 Meas a. Flow, (MGD): The flow lirrtit expressed in this perrrtit is the 24 hours average flow, averaged monthly. It is determined. during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the totes 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 tunes when there may be no flow or for infriequent maintenance activities on the flow device. Types of Samples a. c mean of to day flows recorded Composite Sample: A composites tnple 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 indisidua1 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 1f24 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 fluent 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 three not exceeding 15 minutes; the grab sample can be taken manually. Grab sampie,s must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic me individual values divided by the number y set of values is the summation of the dual values. b. Geometric Mean: The geometric mean of any set of values is the N'th 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 antilag of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration tunes its respective flow divided by the summation of the respective flows. 10. Calend r pay A calendar day is defined as the period rare midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance desi;gra Section 311 of the Clean Water Act. 12. Toxic Pollutant Part 116 pursuant to A toxic pollutant is any pollutant listed as toxic of the Clean Water Act. SECTION B OEi' E1}4L ors,-D iON,`s 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for perrnit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permirtec 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 perrnit 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 be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR I22.41 (a)] e. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A) d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a perrnit issued under section 402 of the Ace Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part]] Page 5of14 Penalties for Class II violations are not to exceed S10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed $125,4O1, 2. pt* to Mitigate The permitree shall tales all rta_sonablc steps to rttinimize or prevent any discharge or sludge use or disposal in violation of this permit which .s a reasonable likelihood of adversely affecting human health or the envirotunenL . ;Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part 11, 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 darnages, such as fish bills, even though the responsibility for effective compliance may be ttmp,rarily suspended. 4. OD and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsib]e for consequential darnages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Frond' Rights The issuance of this permit does not convey any property right property, or any exclusive privileges, nor does it authorize any injury to invasion of personal rights, nor any infringement of Federal, State or loc 6. Onshore or Offshore Construction This permit does not authorize or approve structures or facilities or the undertaking o 7. Scverabiii real or personal to property or any aws or regulations. construction of any onshore or offshore physical y work in any navigable waters. 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 Inforrn.tian The permittee shall furnish to the Perrnit Issuing Authority, within a reasonable time, any information which the Perrnit 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. 2,311 .0 Page 6 of 14 9. Duty to Reapply If the permitter wishes to continue an activity regulated by this permit after the expiration date of this permit, the permit= must apply for and obtain a new permit. 10. Expiration of Permit The permirtee 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 pen-nirtee that has not requested renewal at least 180 days prior to expiration, or any permittet that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the perrnittee to enforcement procedures as provided in NCGS143-2L5.6 and 33 USC 1251 et. seq. 11 SignatojRequirrnents All applications, reports, or information submitted to the Permit Issuing Authority signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I) 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. Part II Pagel of 14 Certification.. Any person signing a doca ent under par graphs a, or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments werz prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and. belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Fermit lvlodifl ation. Revocation and Reissuance.,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the perrnit, 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. Prev 0u5 Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective, j The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. PERA"17t NTAN LNL'° T h'CE GF PGLL f"`lQ C NITR 1, � ifled Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the perrnittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, I7I, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0242. Once the facility is classified, the perrnittee 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. Partfl Page 8 of 14 2. • • Operation and Maintenance The permitter 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 mstalled 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 Deft It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (I) "Bypass" means the knowm 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 riot 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 e. and d. of this section. c. Notice (I) 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 permit -tee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit, (24 hour notice). d. Prohibition of Bypass (I) Bypass is prohibited and the Permit Issuing Authority may iake enforccment action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment do time. 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 perrnittee 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 deteiouines that it will meet the three conditions listed above in Paragraph d. (1) of this section. finition. "Upset xceptional incident in which there is unintentional and temporary nonc©mplia.n 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 permitteewho wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that. (I) An upset occurred and that the permitter can identify the cause(s) of the upset (2) The perrnittee facility was at the time being properly operated; and (3) The perniittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The perrnittee complied with any remedial measures required under Pan II, B. 2, of this permit. d. Burden of proof. In any enforcement proceeding the permirtee seeking to establish the occurrence of an upset has the burden of proofi Solids, sludges, filter backwash, or other control of Wastewaters shall be utilizedfdispos a manner such as to prevent any pollutant from su or navigable waters of the United States. The perm emoved in the course of treatment or accordance with NCGS 143-215.1 and in aterials from entering waters of the State et shall comply with all existing federal Part TI Page l0+cf14 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 perrninee 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 e+d to incorporate the requirement. The permit =e shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures. The permitter is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Cabe, Subchapter 2.H, .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. CTION D. M©1vTLORlh? AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature. of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestrcam, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Forrn (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: 3. Flow Mews n Division of Environmental Management Water Quality Section ATTENTION: Central. Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 Iess than + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 'discharge volumes. logs, or pump hour meters as pump curves shall not be sub' 4, Test Peoceclurta g water flow which is monitored by pump and based on the manufacturer's Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures trust 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 perrnit 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, Cr by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records RctentiQrt Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Result For each measurement or s.arnple taken pursuant to the requirements of this permit, permit -tee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; do. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Parifl Page 12 of 14 8. Inspection and Entry The permitter shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this pernut b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit c. inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQLTTREMENTS 1. Chan e,in Discharge AU discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permineed facility, Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determinin g 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 pemait nor to notification requirements under 40 CFR Part 122,42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that arc different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. . Anticipated Noncompliance The permirtet shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. s not asferable to any person except after notice to t�h a Director. ' `he Di lion or revocation and rtissuance of the pert ay be necessary under the Clean Water Act. tree and incorporate such 5. Monitoring results shall be reported at the intervals specified elsewhere in this pt a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (� hat II• D. 2 of this permit) or forms provided by the Director for reporting results of mcnitoring of sludge use or disposal practices. b. if the permittee monitors any pollutant more fl uently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measu.rerr arithmetic mean unless othetwi.se specified by the Director in the perms 6. Twen nts shall utilize an a. The permittee. shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permit -tee 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 no been con -toted, 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: (I) 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 maximu7 Director in the perm c. The Director may waive paragraph b. above of this 7. Dther Noncompliance The permirte:e shall report all instances of noncompliance not reported under Part Il. E. 5 and 6. of this permit at the time monitoring, reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit daily discharge limitation for any of the pollutants listed by the be reported within 24 hours. the written report on a case -by -case basis for reports under condition if the oral report has L1en received within 24 hours. Part II Page 14 of 14 net becomes aware that it failed to subrrtit 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. yonc ,nnplianm Notification The permittce 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 t~he 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 asnounts of wastes which arc 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 circumstance. 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 within 5 days following first knowledge of the occurrence. 14. 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. 0 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 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 ugfl) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methy1-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/I) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continnally Evaluate Alternatives to Wastewater Discharges, The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division, Part III Permit No. NCO005169 E. ACUTE TOXICITY PASS/FAIL PERMI1 LIMIT (QRTRLY) The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration." The monitoring shall be performed as a Daphnia pulex 24 hour static test, using effluent collected as a 24 hour composite. The effluent concentration at which there may be at no time significant acute mortality is 90%© (defined as treatment two in the North Carolina procedure document). Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE3D. Additionally, DEM Form AT-2 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual. chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. P T A.ermittee ust pay al ," 'ste g and compliance monitoring fee vri days after tning billed by the Division. Fail to a the f i a . ei �� . et° chance with NCA .0105(b)(4)a cause thisivisf n to initiate action t revoke the •" PERMIT NO,:NC(ICJIJ169 PERMil FEE NAM;[:: INC CORPORATION, LITIIILN" 1)1`s !SION ITY NAME:FMC CORPORATION„ LITHIUM D°IS :ON TY STATI IS: EXISTING NG PERMIT STAT IJS:RENEWAL MAJOR: PIPE NUMBER:001 :DESIGN CAPACITY:N/A DOMESTIC (fin of Flow):0% !NIALJSTRIAL(% of How):I00% COMMENTS: MINOR: RECEIVIN i STREAM: UT TO LONG CR:F ER CLASS: C SUB —BASIN 03-(l8 6 REFERENCE USGS QUAD:.FI3SE (Pl< COUNTY: GASI'ON' REGIONAL OFFICE:MOORESVI. L.E REGIONAL. OFF (1. PREVIOUS EXPRATION DATE: 9/30/96 TREAT. PLANT CL: II aP) CLACATION CII-IANGES WITHIN 3 MILES:NONE, WS-IV AFTER 3 Mi. REQUESTED BY1' J DATE: PRL.I'ARED BY' `� ° °� " DATE: REVIEWED B + DATE:,_. Modeler - 4 )ran QIt) (t:Is y Lim trn Mon Parameters: Upstream _._. Downs am EFFLUENT CHARACTERISTICS BOD5 N'E"1£3 lrs N (n D.(; TS 7Q 10 PR al Col. (,'100 ml) SU) Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCKIION FMC CORP. -LITHIUM DIV. NC00051 69 Industrial - 100% Existing Renewal UT Long Creek C 030836 GASTON MR0 CLAR 4/15/96 F13SE Request # Rn.'24 ZN'r, H E JUL 1 2 1996 UGSWENTAI VANKEM5NT 847414..S11111 RINMAIE OF11:t Strewn.04teristic:. USGS # Date: Drainage Area (mi2): Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): 0.3 0.0 0.075 0.4 0.075 100 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit. Recommend renewal of existin ,limitig7art.' monitoring requirements/ kc.11 1Cim1 iL •-"0"( & NATI 7 IR Special Schedule Requirements and additional comments from Reviewers: JUL 29 1996 -aNVNIAL MAILMEN" RESIONAL OHEIC1 Recommended by: = Reviewed by Instream Assessment: Regional Supervisor:,-1 Date: 7/5/96 Permits & Engineering: Date: RETURN TO TECHNICAL SERVICES BY: AULI 0 8 2 Tox ICS/MET ALS/CONVENTIONAL PARAMETERS Type of Toxicity Test: Existing Limit: Recommended Limit: Monitoring Schedule: 11'isting Limits Total Suspended Residue (mg/l MBAS (gel): pH (SU): Chloride (mg/1): Sulfate (rng/1): Lithium (mg/1): Sodium (mgll): Calcium (mg/1): Total Nitrogen (mg/1)Total Phosphorus (mg/1): Rvcornmenderl I ii Total Suspended Residue Orign MBAS (AO): pli (SU): Chloride (mg/1): Sulfate (mg/1): Lithium (ing/1): Total Nitrogen (mg/1): Total Phosphorus (mg/ : Acute WE 24hr No Sign Monality (Daph or Cerio)Qrtrly 90% 90% FEB MAY AUG NOV Monthly Avg/ 50 500 6-9 monitor monitor monitor monitor monitor monitor monitor Daily Max. 90 Monthly Average Daily Max. 50 90 500 6-9 monitor monitor monitor moni tor monitor n Is Changes Due To: Pie) Aff Change in 7Q10 data Change in stream classification Relocation of discharge Change in wastetlow New pretreatment information Other (onsite toxicity study, interaction, etc) Calcium, Sodium WQ Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the water&bed. OR No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM IONI I ORING REQ. Upstream Location: 50 ft upstream of discharge Downstream Location: 100 ft downstream of discharge Parameters: Turbidity Special instream monitoring locations or monitoring frequencies: E MISCELLANEOUS INFORMATION & SPECIAL CONDI`I"IONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the pr posed new limits with existing treatment facilities? Yes No if no, which parameters cannot be met? Would a "phasing in of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. Name FMC-L1THU1'vi DIV. Per it # NCO( I(1; 169 Pipe # 001 ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In. A Single Effluent Concentration." The monitoring shall be performed as a Daphnia pulex 24 hour static test, using effluent collected as a 24 hour composite. The effluent concentration at which them may be at no time significant acute mortality is 90% (defined as treatment two in the North Carolina procedure document). Effluent samples for self -monitoring purposes crust he obtained during representative effluent discharge below all waste treatment. The first test will be performed after thirty days from the effective date of this permit during the months of FEB MAY AUG NOV All toxicity testing results required as part of this permit condition will be entered. on the Effluent Discharge Monitoring Form. (MR-1) for the month in. which it was performed, using the parameter code TGE3D. Additionally, DEM Form AT-2 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27'607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the. toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 0.0 cfs Permitted Flow NOL MGD IWC 100 Basin & Sub -basin CTB36 Receiving Stream UT LONG CREEK County GASTON QAL P✓Fpulex 24 Version 9/91