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HomeMy WebLinkAboutNCG500114_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 May 23, 1997 LARR.Y K PETTY PETTY MACHINE COMP, Y P 0 BOX 1888 GASTONIA NC 28052 Subject: Rescission of NPDES General Pei: Petty Machine Company.' Gaston County Dear Mr.. Petty: MAY it No. NCGSOOI 14 Reference is made to your request for rescission of the subject NPDES Permit. Staff cif the Mooresville Regional. Office have confirmed that your facility has ceased all operations that made this NP,D.ES Permit necessary. Therefore, in accordance 1,vith your request, NPDES General Perrnit No. NCGSOOI 14 is rescinded, effective immediately. If in the future you wish to again discharge wastewater to the States 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 S 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 704/663-1699. Sincerely, riLif 2-. stiy reston. Howard, Jr., P.E. cc: Mr..Roosevelt Childress, EPA Gaston County Health Department l i r wile Regional Office Permits & Engineering Unit - Dave Goodrich - w/attachments Operator Training and Certification Facilities Assessment. Unit - Robert Farmer - w/attachments Central Files - w/attachments Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919- 7 33-508'3 FAX 919-733-9919 An Equal t; pportunity Affirmative Action Employer 50% recycled/ 10" % post -consumer paper ate of North Carolina IL C. DEPT, OF NATURAL epartment of Environment, RF,0111( 'IS AND comm. 1. ‘rtoPITF24IT Health and Natural Resources Division of Environmental Management JUN 0 9 1993 James B. Hunt, Jr., Governor DIViSU, .11*.gEMElq Jonathan B. Howes, Secretary kliJOREAILLE iltilgiAL OFFICE A. Preston Howard, Jr., P.E., Director Larry K. Petty P 0 Box 1888 Gastonia, NC 28053 June 7, 1993 Subject: General Permit No. NCG500000 Petty Machine Company, Inc. COC NCG500I 14 Gaston County Dear Mr. Petty: In accordance with your application for discharge permit received on April 26, 1993, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. Issuance of this certificate of coverage supercedes the individual NPDES permit No. NC0032794. 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 request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Ms. Susan Robson at telephone number 919/733-5083. CC: Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr. Director Mooresville Regional Office 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 STATE OF NORTh CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTh, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG500000 CERTIFICATE OF COVERAGE No. NCGSQO114 TO DISCHARGE NON -CONTACT COOLING WATER, COOLING TOWER AND BOILER BLOWDOWN, CONDENSATE AND SINELIAR WASTEWATERS UNDER THE NATIONAL 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, Petty Machine Company, the, is hereby authorized to continue operation of a treatment system for the generation of non -contact cooling water with the discharge of wastewater from a facility located at Intersection of NC Highway 321 and NCSR 2420 South of Gastonia Gaston County to receiving waters designated as an unnamed tributary to Crowders Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III and IV of General Permit No, NCG500000 as attached. This certificate of coverage shall become effective June 7, 1993 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 7,, 1993 Oriiinal Signed By Colean H. Sullins A, Preston Howard, Jr,., P.E.,Director Division of Environmental Management By Authority of the Environmental Management Commission 4 NW 1, 4, FEC1VEd asp* Uoiltt)00rAs 4Aftwastid vER 10 1989 MooidsoLLE figgenai State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 jime C. Martin, Governor William W Cobey, .jr,, Secretary Mr. Larry K. Petty PO Box 1888 Gastonia, NC 28052 Dear Mr. Petty: February 6, 1989 Subject : Permit No. NC0032794 Petty Machine Company Gastonia County R. Paul Wilms Director In accordance with your application for discharge permit received on October 25, 1988, 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 may request a waiver or modification pursuant to Regulation 15 NCAC 28 .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit: is not transferable. Part 11, D.3. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does. not affect the legal requirements to obtain other permits which may be. required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any. other Federal or Local governmental permit that maybe required. If you have any questions concerning this permit, please contact Mr. Jule Shanklin at telephone number 919/733-5083. S cere g'ned By ARTHUR MOUDERRY R .Wimms cc: Mr. Jim Patrick, EPA Mooresville Regional Office P( ), Box 27687, itileigh, North Carolina 276li7t187 'Telephone 919733-7015 An Equal Opportunity Affirmative Action Employer Permit No, NC0032794 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT ELIMINATION SYSTEM In compliance with the provisions 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, Petty Machine Company, Incorporated is hereby authorized to discharge wastewater from a facility located at US Highway. 321 South Gastonia Gaston. County to receiving waters designated as Catawba River Basin in accordance with effluent l conditions set forth in Parts .I, I This permit shall become effective an unnamed tributary to Crowders the itations, monitoring requirements, and other and III hereof. March 1 , 1989. This permit and the authorization to discharge shall expire at midnight on. January 31, 1994. Signed this day February a, 1189. OriLinaf Signed By AFRTHUR MOU'BER 1Y For: R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental. Managemen Commission Permit No. NC0032794 SUPPLEMENT TO PERMIT COVER SHEET Petty Machine Company, incorporated is hereby authorized to: Continue to discharge once -through, non -contact cooling water from a facility on US Highway 321 South near Gastonia, Gaston County, at the point specified on the attached map into an unnamed tributary to Crowders Creek which is classified Class "C" waters in the Catawba River Basin A (1). LINITATIQNS AND MONITCi'RING REQUII !fl Fina 1 During the period beginning on the effective date of the permit and Permittee is authorized to discharge from outfall(s) serialnumber(s) discharges shall be limited and monitored by the Permittee as specified below: Characteristics Lb day Daily Avg. Daily Max. Flow Temperature Residual Chlorine Mischa Other Dni t Daily Avg. ** amitat a (Specify) Daily Max. ** NPDES No. NC0032794 lasting until expiration the 001 (Cooling Water). Such Measurer en Frequency THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER. Sample locations: E - Effluent, U - Upstream, D - Downstream oring Requi Sample *Sample Location ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8 degrees C and in no case cause the ambient water temperature to exceed 29 degrees C. The permittee 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 a M3 s. The pr nittee sha discharges, arch e m t o sh l cc mp y; date o the 1 ernai . rral, f laaetzt. leirrl. LiOr) by t'he e9 e :i d later than 14 ralen n s ilr .aa da ed ire the ahry scl-z ;dzz:e ref ccanptarar t,h,� perzttee shall- :7zsbzi.t ihr .epr% progre y r in the ca l i . ct i. pis l.ar:. isg xd by ideknt l dates, 'ra rrl;tten n. ic•• o c mptiarzce r norsc rnglirz the latter case, the rnt ce shall l.z Made the cnipl l aT1ce, any eme iti action talpr, rand the pralm>a1z.i lily l sch.drale re.. .rara.rak Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty two Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; oar for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person. who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed. $15,000 per day of violation, or by imprisonment not to exceed six months or both. ➢uty tp Mit,ig_ate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with, any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge, 4. Permit Modification After notice and opportunity for athearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in. whole or in part during its term for cause including, but not limited. to, the following: a. Violation of any terms or cond.iticns of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application Part II Page 2 of 14 may be required of the permittee. The filing of a request by the permittee for a permit modification, revocation and re:isuance, or termination, or a notification of planned changes or anticipated noncompliances, does not stay any permit condition. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), 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. 7 Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8 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. Part II Page 3 of 14 9. Onshore of Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters.. 10. Severa.bility 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. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able 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. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. ., Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. Ali permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which, identify: The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. This requirement is waived where infiltra to be performed as part of an Environment planning project. Part II Page 4 of 14 on/inflow analyses are scheduled Protection Agency facilities The permittee shall report by telephone to either the central office or 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 division from or bypass of facilities. 4. Upsets "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. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. 5. Removed Substances 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 6. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation., Title 15, North Carolina Administrative. Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION C. MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing. Authority. Part II Page 5 of 14 2. Reporting; Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure 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 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. 5 Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or, method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part I1 Page 6 of 1.4 6. Records Retention A1.1 records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 7 Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; and d. The results of such analyses. 8. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee"s premises where an effluent source is or in which any records are required to be kept under the terms and conditions of this permit; and ocat b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process ixrodifications which will result Part II Page 7 of 14 in new, different, or increased discharges of pollutants must bereported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited.. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Avera uremen Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. Noncomp_liance 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: Part II Page 8 of 14 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 mechanica or electrical failures of pumps, aerators, compressors, etc. 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. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7 Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) 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-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5) times the maximum concentration value reported for that pollutant(s) 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 (listed at 40 CFR S 122, Appendix D. Table II and III) 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/l); (2) One milligram per liter (1 mg/I) for antimony; or (3) Part II Page 9 of 14 Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive 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 without a permit after the expiration will subject the permittee to enforcement procedures as provided in. NCGS 143-215.6 and 33 USC 1251 et seq. 9. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above;. (2) Theauthorization 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 Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification, Any person signing a document under paragraphs a. or b. of this section shall making the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my directionor 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." 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1315, 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. Penalt" lsification of Repo 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 six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the ➢ivision of Environmental. Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural Resources and Community Development. Part Page of 14 3. EMC. Used herein means the. North Carolina Environmental Management Commission. 4. Act or he Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. MasJD y 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 sample and measured, divided by the number of daily discharges samples 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 "Daily Average" or "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 samples 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 Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sample 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 I of the permit. Part II Page 12 of 14 6. Concentration Measurement a. The ""average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily 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. It is identified as "Daily Maximum" under "Other. Limits" in Part I of the permit. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. Part II Page 13 of 14 7. Other Measurements a. Flow, (MOD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 8. es of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. 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. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part '4 of 14 It . !calendar Day A slender day 1s defined as the period Isom midnight 0 ne day until m1 fight the next day, However,; to purposes C) this permit, any ((SOctiVe 4-hour Period that reasons -hill represents the calendar day may be used for s plink. Hazardous Substan A hazardous suhs cd 12 Bans an substance de gnated under 0 F Fart 11 pursuant to Section 11 c tle lean dater Act. 2 `oic Pollutant A toxic pollutant is any pollutant listed as t+xi c under Section 307a)l) oaf the an water Act. PART III OTHER I E QU 1 RENENTS A. Previousjer All previous State water quality permits issued to this facility, whether for construction or 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. B. Construction No contrittion. of wasteicater treatment facilities or additions thereto shall be begun until Final Plans, and Specifieations have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. CertifiedOperator Pursuant to Chapter 90A of North Carolina (3enern1 Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold n certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. GroundwaterMonitoriqg The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as mayhe required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit: shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and, (d), 504(b) (2), and $97(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise moTe stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph, shall also contain any other requirements in the. Act then. applicable. Part III Permit No. NC0032794 Toxicity Reopener This permit shall be modified, or revoked and reissued, to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. Biocide Condition The permittee shall not use any biocides except these 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.