NC0046892_Permit (Issuance)_20210310

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
ROY COOPER e -IN
Governor
MICHAEL S. REGAN g `c
Secretary •r.
S. DANIEL SMITH • •
Director
• NORTH CAROLINA
Environmental Quality
3/10/2021
D. Scott Dilling,Complex Manager
Motiva Enterprises,LLC
410 Tom Sadler Road
Charlotte,North Carolina 28214
Subject: Renewal Issuance of NPDES Permit
NC0046892
• Motiva Enterprises,LLC
Charlotte South Terminal
6851 Freedom Drive,Charlotte
Mecklenburg County
To Mr.Dilling:
The Division of Water Resources (the Division or DWR)hereby issues the attached NPDES
permit for the subject facility.We issue this permit pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency(EPA)dated October 15,2007,or as
subsequently amended.
Parameters of Concern--The Division understands that Motiva has made no significant
alterations to the treatment system except to discontinue a discharge from ongoing groundwater
remediation activities. We understand from your application that wastes from these activities no
longer contribute to your effluent.We have therefore updated your permit text and format.
Based on test results and reasonable potential analyses(RPAs)we have relaxed monitoring and
removed permit limits for some parameters of concern. Results recommend we discontinue
monitoring for Total Recoverable Phenolics,MTBE and Naphthalene.However,Benzene's
database shows reasonable potential to exceed its surface water-quality standard,therefore
monitoring continues for Benzene with permit limits [see section A. (1.)].
Whole Effluent Toxicity(WET)Testing--The Division acknowledges Motiva's request to relax
the WET-test monitoring frequency from Quarterly to Annually. However,DWR has revised
statewide permitting guidance mandating that all WET testing shall be performed no less
frequent than Quarterly. We note that Motiva has reported 24 to 48 discharges/year,and that its
WET-test record is compliant with its current permit and this revised guidance.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617-919.707.9000

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
D.Scott Dilling
Permit Renewal Issuance
Feb2021
Page 2 of 2
eDMR Submittals: Federal regulations require electronic submittal of all discharge monitoring
reports(eDMRs)and program reports [See Special Condition A. (4.)]. Please note that if you fill
out and submit to DWR an electronic signature agreement,the Division will no longer require
you to submit DMR hardcopy as back-up to the eDMR.
If any parts,measurement frequencies or sampling requirements contained in this permit are
unacceptable,you have the right to an adjudicatory hearing upon written request submitted
within thirty(30)days following receipt of this letter. This request must take the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes,and filed
with the Office of Administrative Hearings(6714 Mail Service Center,Raleigh,North Carolina
27699-6714). Unless such demand is made,this decision shall be fmal and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may modify,revoke, and/or reissue this permit. This permit does not affect the Permittee's legal
obligation to obtain other permits required by the Division of Water Resources,the Division of
Land Resources,the Coastal Area Management Act,or any other federal or local governments.
If you have questions, please email Joe R. Corporon,P.G. at[joe.corporon(2Incdenr.gov]..
Sincerely,
�—DocuSigned by:
8328B44CE9EB4A1...
for S. Daniel Smith,Director
Division of Water Resources
Enclosure:NPDES Permit NC0046892 (renewal issuance fmal)
ec: Laserfiche
NPDES Program Files
MRO:Corey Basinger
DWR/OCU,Maureen Kinney
Richard Farmer[[e-mail]]\
ATB/Cindy Moore
Motiva: Scott Dilling,[[e-mail]]
PWS

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
Motiva Enterprises, LLC
is hereby authorized to discharge wastewater from outfalls located at the
Motiva Enterprises, LLC - Charlotte South Terminal
6851 Freedom Drive, Charlotte
Mecklenburg County
to receiving waters designated as an unnamed tributary to Long Creek within the Catawba River Basin
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts
I,II,III and IV hereof.
This permit shall become effective Agri 1 1, 2021
This permit and authorization to discharge shall expire at midnight on June 30, 2025.
Signed this day March 10, 2021
�--DocuSigned by:
�—8328B44CE9EB4A1...
S. Daniel Smith,Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8

DocuSign Envelope ID: DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby
revoked,and as of this issuance,any previously issued permit bearing this number is no longer effective.
Therefore,the exclusive authority to operate and discharge from this facility arises under the permit
conditions,requirements, terms,and provisions described herein.
Motiva Enterprises, LLC
is hereby authorized:
1. continue to operate a Surface-Water Pollution Control System for stormwater in proximity to above-
ground storage tanks(ASTs), servicing surface bulk-storage of petroleum hydrocarbon fuels in
excess of one(1)million gallons,and fuel-truck loading rack(s),utilizing
• bermed areas(secondary containment for ASTs)
• oil-water separator[1,500-gallons]
(reclaimed fuels+wastes disposed off-site at a permitted facility)
• detention pond(with hand-operated discharge valve,normally closed)
these facilities located at the Motiva-Charlotte South Terminal,6851 Freedom Drive,Charlotte,
Mecklenburg County,and
2. discharge from said treatment works via Outfall 001,at a location specified on the attached map,into
an unnamed tributary(UT)of Long Creek[stream segment 11-120-(2.5)],a waterbody currently
classified as WS-IV waters within subbasin 03-08-34 [HUC: 03050101] of the Catawba River
Basin.
Page 2 of 8

DocuSign Envelope ID DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B.0400 et seq.,02B.0500 et seq.;WWTP Grade PCNC[15A NCAC 08G.0302]
Beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to
discharge stormwater from diked areas via Outfall 001. Such discharges shall be limited,monitored
and reported'by the Permittee as specified below:
1
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
[Parameter Codes] Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow 2(MGD) 50050 Episodic Grab Effluent
Total Suspended Solids(mg/L) C0530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent
Total Benzene 3(µg/L) 34030 1.19 µg/L 1.19 µg/L Monthly Grab Effluent
Oil&Grease 4(mg/L) 00556 Quarterly Grab Effluent
[EPA Method 1664 SGT-HEM]
Turbidity 6(NTU) 00070 50 NTU Quarterly Grab Effluent
Whole Effluent Toxicity(WET)7 TGE3B Quarterly 7 Grab Effluent
Footnotes:
1. Beginning on the effective date of this permit,the permittee shall submit discharge monitoring reports
electronically using the Division's eDMR electronic application system[see A.(4.)].
2. Flow shall be monitored with each discharge event—During periods of no flow,the
Permittee shall submit a signed,monthly Discharge Monitoring Report(DMR)indicating
"No discharge."Flow may be monitored using any one of four methods:
a) measure flow continuously via weir or flow meter(totalizer preferred);
b) calculate flow(see Rational Equation) [see A.(3.)]based on total
rainfall per unit area draining to the outfall;
c) estimate flow at 20-minute intervals during the entire discharge event;or
d) report flow based on discharge pump logs.
3. Benzene,Toluene,Ethylbenzene and Total Xylene samples shall be collected concurrently
with WET testing.
4. Oil&Grease,EPA Method 1664 [SGT-HEM]—Where possible,the grab sample for oil and grease
should be skimmed from the surface of a quiescent(calm water)zone.
5. Naphthalene—Provided that the Permittee can demonstrate to the Division that its facility does not
now,nor has ever,stored diesel fuel or other heavy fuels,it may petition to remove monitoring for
naphthalene.
6. Turbidity—Effluent shall not cause receiving stream turbidity to exceed 50 NTU.If receiving-stream
background exceeds 50 NTU,the effluent shall not increase background levels.Non-compliance with
this Standard may require additional stream monitoring and a Turbidity Corrective Action Plan(TCAP).
7. Whole Effluent Toxicity(WET)-Acute using Ceriodaphnia dubia,Pass/Fail-Limited.Quarterly
testing during January,April,July and October in accord with Section A.(2.).
Page 3 of 8
II

DocuSign Envelope ID.DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
Conditions:
• The Permittee shall discharge of floating solids or foam visible in other than trace amounts.
• The Permittee shall cause no oily sheen traceable from this discharge to the receiving stream.
• Hydrostatic Tank Testing:NO discharge of tank solids,tank bottom-water,tank rag-layer;or
tank[or pipe] contents is permitted unless the Permittee documents benzene concentration less
than 1.19 µg/L and toluene concentration tests less than 11 µg/L.
A. (2.) ACUTE TOXICITY PASS/FAIL - PERMIT LIMIT (*QUARTERLY)
[15A NCAC 02B .0200 et seq.]
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"(Revised December 2010, or subsequent versions).The monitoring
shall be performed as a Ceriodaphnia dubia 24-hour static test.The effluent concentration at which
there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure
document). The tests will be performed during the months of January,April,July and October.These
months signify the first month of each three-month toxicity testing quarter assigned to the facility.
Effluent sampling for this testing must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
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.
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
TGE3B. Additionally, DWR Form AT-2 (original) is to be sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Or, results can be sent to the email,ATForms.ATB@a,ncdenr.gov.
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete,accurate,include all supporting chemical/physical measurements and all
concentration/response data,and be certified by laboratory supervisor and ORC or approved designate
signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test
form indicating the facility name,permit number, pipe number, county,and the month/year of the report
Page 4 of 8

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
with the notation of"No Flow" in the comment area of the form.The report shall be submitted to the
Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,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.Assessment of
toxicity compliance is based on the toxicity testing quarter,which is the three-month time interval that
begins on the first day of the month in which toxicity testing is required by this permit and continues
until the final day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources 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 follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
A. (3.) FLOW MEASUREMENT RATIONAL [G.S. 143-215.1(b)]
The Rational Equation: Q=KuCIA,where:
Q= flow(peak flow rate(cfs or m3/sec)
Ku= units conversation factor= 1.008 for U.S. standard units(usually
ignored because it is so close to 1),or 0.278 for SI units
C= dimensionless runoff coefficient for the watershed,loosely defined
as the ratio of runoff to rainfall
I= intensity of rainfall taken from the intensity-duration-frequency
curves for the specified design return period at the time of
concentration,tc(in/h or mm/h). tc=time of concentration(time
after beginning rainfall excess when all portions of the drainage
basin are contributing simultaneously to outlet flow)
A= area of tributary watershed(acres or km2)
The rational equation is used to calculate the runoff from a region,given:
• the runoff coefficient(accounts for infiltration losses in the region),
• the rainfall intensity to the region,
• the time for runoff to travel from the region's upper reaches to its outlet, and
• the region's drainage area.
Page 5 of 8

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING
REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports(DMRs)and program
reports.The fmal NPDES Electronic Reporting Rule was adopted and became effective on December
21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit(Standard Conditions for NPDES Permits):
• Section B. (11) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.)and Section E. (5.) (all
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. The eDMR system may be
accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband
access,then a temporary waiver from the NPDES electronic reporting requirements may be granted
and discharge monitoring data may be submitted on paper DMR forms(MR 1, 1.1,2, 3)or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
See"How to Request a Waiver from Electronic Reporting"section below.
Regardless of the submission method,the fast 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.
Starting on December 21,2025,the permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act(CWA) Section 316(b)Annual Reports.
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DocuSign Envelope ID.DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
The permittee may seek an electronic reporting waiver from the Division(see"How to Request a
Waiver from Electronic Reporting"section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9),the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program)that is the designated entity
for receiving electronic NPDES data[see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015-
24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the"Reporting Requirements"section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver,a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty(60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time,monitoring data
and reports shall be submitted electronically to the Division unless the permittee re-applies for and is
granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request may
submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
Olt
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a)or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(b). A person,and not a position,must be delegated signatory authority for eDMR
reporting purposes.
Page 7 of 8

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
Permit NC0046892
For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system,registering for eDMR and obtaining an eDMR user account,please visit
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification[40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
5. Records Retention !Supplements Section D. (6.11
The permittee shall retain records of all Discharge Monitoring Reports,including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 8 of 8

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Motiva Enterprises, LLC
Charlotte South Terminal Facility
Location
li A
Latitude: 35°16'42"N Longitude: 80°56'27"W (not to scale)
Stream Class: WS-IV Drainage Basin: Catawba River
Sub-Basin: 03-08-34 Stream Segment: 11-120-2.5
State Grid: FI SSW USGS Ouad: Mt.Island Lake NPDES Permit NC0046592
Receiving Stream: UT to Long Creek
North Mecklenburg County

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A03B-985E4EA617CB
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days.These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year.In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples,etc.)on a case-by-case basis.Samples may be collected manually or automatically.Composite
samples may be obtained by the following methods:
(1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume:a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: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
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
Version 11/09/2011

DocuSign Envelope ID:DAC22B8F-3427-4EC8-A038-985E4EA617CB
NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume:a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director.This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
D. Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling.For pollutants measured in units of mass,the"daily discharge"is calculated as
the total mass of the pollutant discharged over the day.For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day.(40 CFR 122.2;see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling.If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or"the Division"
The Division of Water Quality,Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values.For purposes of
calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually.Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance.To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
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 excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(ax 1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA 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 CWA provides that any person who violates section[s]301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(aX3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(bX8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
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imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(cX1)and 40 CFR 122.41(aX2)]
d. Any person who knowingly violates such sections,or such conditions or limitations 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.In the
case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both.
[33 USC 1319(cX2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury,shall,upon conviction,be subject to a fme of not more than$250,000 or imprisonment of not more than
15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(cX3)(BXiii)of the CWA,shall,upon conviction of violating
the imminent danger provision,be subject to a fme of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 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. [North
Carolina General Statutes§ 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing"(Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC
1319.Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq.or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for
consequential damages,such as fish kills,even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in 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[40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable.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[NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director.(The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.)[40 CFR 122.21(d)]Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcementprocedures asprovided in NCGS 143-215.6 and 3 12 1 et.seq.
3 USC 5 q
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40
CFR 122.41(k)].
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,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where 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[40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a.above or by a duly authorized representative of that person.A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity,such as the position of plant manager,operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company.(A duly authorized representative may thus be
either a named individual or any individual occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
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c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative[40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.or b.of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certibl, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted.Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief true, accurate, and complete.I am aware that there are significant penalties for
submitting false information, including the possibility offines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the
Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations
contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code,Subchapter 02H.0100;and North Carolina General Statute 143.215.1 et.al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H.0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year;and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade;or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
> Comply with all other conditions of 15A NCAC 08G.0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit.Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor]or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations[40 CFR 122.41(m)(2)]
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 b.and c.of this section.
b. Notice[40 CFR 122.41(m)(3)]
(1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6.(24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A)Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime.This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance;and
(C) The Permittee submitted notices as required under Paragraph b.of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.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.
b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit.
c. Burden of proof[40 CFR 122.41(nx4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503,Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)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 D. Monitorin2 and Records
1. Representative Sampling
Samples collected and measurements taken,as required herein,shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period 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[40 CFR 122.41(j)].
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(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month 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:
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NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is 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.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow 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
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's
Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
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 CWA(as amended),and 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[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure.If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
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
> all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained 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[40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information[40 CFR 122.41]:
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;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee 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,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E 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.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
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 subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration,addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1X2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in
particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA[40 CFR 122.41(1)(3), 122.61]or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(lx4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public 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 Permittee becomes aware of the circumstances.The written submission
shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact
dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to
continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance[40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)662-7956,[phone] or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6.of this permit at the
time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6.of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility;or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc.
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the Federal Act,33
USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division.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(bX2)or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA 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
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The
report shall summarize the performance of the collection or treatment system,as well as the extent to which the
facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The
report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b.of this Section.
b. In accordance with NCGS 143-215.1(a5)[SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section 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(40 CFR 122.42):
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 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for
antimony;
(3) Five 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 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit.The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
II
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the defmitions in Part II of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and(j)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of
the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H.0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This defmition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature.It also includes the collection system,as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)]
"Significant Industrial User"or"SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H
.0903(bX33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this defmition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU);or
6. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(vX2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit.Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant,including oxygen demanding pollutants(BOD,etc.)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
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 Permittee becomes
aware of the circumstances.The written submission shall contain a description of the discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times;if the
discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee maybe necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as
required under section D below as well as 15A NCAC 02H.0907(a)and(b). [40 CFR 122.44(jx2)]
5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H.0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures,and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof.Such operation shall include but is
not limited to the implementation of the following conditions and requirements.Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H.0903(bX32),.0905 and.0906(bx 1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.44(jX1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU.Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division.The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c.of this Part. [15A NCAC 02H.0903(bX13), .0905 and.0906(b)(2);40 CFR 403.8(0(2)and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment
local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A
NCAC 02H.0903(bx16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the
Division.Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an
updated HWA or documentation of why one is not needed)[40 CFR 122.44].The Permittee shall develop,in
accordance with 40 CFR 403.5(c)and 15A NCAC 02H.0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5,local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905,and
.0906(b)(4)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works.These
permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special
conditions,and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements.The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.[15A NCAC 02H.0906(b)(6),.0909,.0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(AtC)
The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility.Prior to the issuance of an AtC,the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H.0906(b)(7)and.0905;NCGS 143-
215.1(ax8)]
7. POTW Inspection&Monitoring of their Ws
The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division
approved pretreatment program in order to determine,independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H.0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC.0908(e);and
c. At least once per year,document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(vX2),and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A
NCAC 02H.0908. [15A NCAC 02H.0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2Xiii);40 CFR
122.44(j)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et.seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H.0909,specific local limitations,and other pretreatment
requirements.All remedies,enforcement actions and other,shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(0(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908.In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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FACT SHEET - NPDES PERMIT RENEWAL
NPDES Permit NC0046892
Joe R. Corporon,P.G. Compliance&Expedited Permitting Unit 15Dec2020
Facility Information
Applicant/Facility Name Motiva Enterprises, LLC/Charlotte South Terminal
Applicant Address 410 Tom Sadler Rd,Charlotte NC 28214
Facility Address 6851 Freedom Drive,Charlotte NC 28214
Permitted Flow(MGD) not limited
Type of Waste 100%Industrial,fuel (bulk storage);treated stormwater
Facility Class PC-1 County Mecklenburg
Permit Status Renewal Regional Office MRO
Stream Characteristics
Receiving Stream UT to Long Creek Stream Classification WS-IV
Stream Segment 11-120-(2.5) Drainage basin Catawba
Summer 7Q10(cfs) 0.0 Subbasin 03-08-34
Winter 7Q10(cfs) 0.0 Use Support Supporting
30Q2(cfs) 0.0 303(d)Listed No
Average Flow(cfs) 0.0 State Grid F15SW
IWC(%) 100% USGS Topo Quad Mt. Island Lake,NC
Facility Summary
Motiva Enterprises,LLC-Charlotte South Terminal(Motiva)is a petroleum fuel-storage and distribution
facility(flow<1 MGD)collecting stormwater via a Surface-Water Pollution Prevention System in
proximity to above-ground storage tanks(ASTs). Facilities are NPDES permitted as surface storage of
petroleum hydrocarbons in excess of one(1)million gallons and fuel-truck loading racks.
The previous permit included a discharge from treating contaminated groundwater still in progress but no
longer discharging under this permit(see renewal application). There are no other significant changes to
this facility since last renewal. Motiva's treatment facilities consist of:
• bermed areas(secondary containment for ASTs);
• oil-water separator[1,500-gallons] -truck-loading rack wastes
disposed off-site at a permitted facility;
• detention pond(with hand-operated discharge valve,normally closed)
Receiving Stream—Outfall 001 discharges to an unnamed tributary(UT)to Long Creek [Stream
Segment 11-120-(2.5)],Class Water Supply WS-IV. The segment is listed as"supporting"in the
2018 North Carolina Integrated report [303(d)list].
Fact Sheet
Renewal Dec2020--NPDES Permit NC0046892
Page 1

FLOW DICHARGE HISTORY(MGD)—Jun2015-Jul2020:
Year Max Min Average Number
2015 1.218 0.009 0.268 24
2016 1.059 0.0007 0.207 21
2017 0.529 0.0018 0.188 25
2018 0.4841 0.0006 0.198 34
2019 0.5885 0.0009 0.2323 27
2020 0.641 0.0011 0.2942 14[thru 07July]
Compliance History—DWR records document that Motiva received no permit violations during the
previous permit cycle(June 2015 through Sep2020).
Whole Effluent Toxicity(WET)Sampling-Quarterly vs.Annually,Request Denied—For
renewal,Motiva has requested to relax the WET-test frequency from Quarterly to Annually in order to
reduce operating costs[app.cover,page 3 of 3].However,the Division does not agree that annual
monitoring is sufficiently frequent to evaluate the potential environmental impact of this discharge(24
to 48 discharge events per year)—no changes recommended.
Reasonable Potential Analysis (RPA) --Based on test results and reasonable potential
analyses(RPAs),DWR has relaxed monitoring and removed permit limits for some previous
parameters of concern. Results recommend discontinuing monitoring for Total Recoverable
Phenolics,Toluene,Ethylbenzene,MTBE and Naphthalene due to non-detect data above the
rest-limit PQL. However,Benzene's database continues to show reasonable potential to exceed
its surface water-quality standard,therefore monitoring continues for Benzene with permit
limits equal to the standard[zero-flow receiving-stream conditions], see section A. (1.).
Renewal Summary—
• updated permit text and facility map
• Benzene monitoring continues with limit based on RPA
• Monitoring discontinued for Total Recoverable Phenolics,Toluene,
Ethylbenzene,MTBE and Naphthalene)
• Acute Toxicity,Quarterly(Ceriodaphnia dubia)Pass/Fail,limited[no changes]
• Electronic Reporting text updated
Proposed Schedule:
Public Notice (estimated): December 22, 2020
Issuance (estimated): February 5, 2021
Effective Date (estimated): March 1, 2021
Fact Sheet
Renewal Dec2020--NPDES NC0046892
Page 2

NPDES DIVISION CONTACT
If you have questions regarding any of the above or the attached permit,please contact Joe R.
Corporon,P.G., email [[e-mail]].
1/
NAME: DATE: 15DEC2020
Table 3.Dissolved Freshwater Standards for Hardness-Dependent Metals
The Water Effects Ratio (WER)is equal to one unless determined otherwise under 15A
NCAC 02B .0211 Subparagraph(11)(d)
Metal NC Dissolved Stan , g/1
Cadmium,Acute WER*{1.136672-[In hardness](0.041838)} •e^[0.9151 [In hardness]-3.1485}
Cadmium,Acute Trout waters WER*{1.136672-[In hardness](0.041838)} •e^{0.9151[In hardness]-3.6236}
Cadmium,Chronic WER*{1.101672-[In hardness](0.041838)} •e^{0.7998[In hardness]-4.4451}
Chromium III,Acute WER*0.316•e^{0.8190[In hardness]+3.7256}
Chromium III,Chronic WER*0.860•e^{0.8190[In hardness]+0.6848}
Copper,Acute WER*0.960•e^{0.9422[In hardness]-1.700}
Copper,Chronic WER*0.960•e^{0.8545[In hardness]-1.702}
Lead,Acute WER*{1.46203-[In hardness](0.145712)} •e^{1.273[!n hardness]-1.460}
Lead,Chronic WER*{1.46203-[ln hardness](0.145712)} •e^{1.273[In hardness]-4.705}
Nickel,Acute WER*0.998•e^{0.8460[In hardness]+2.255}
Nickel,Chronic WER*0.997•e^{0.8460[In hardness]+0.0584}
Silver,Acute WER*0.85•e^{1.72[In hardness]-6.59}
Silver,Chronic Not applicable
Zinc,Acute WER*0.978•e^{0.8473[In hardness]+0.884}
Zinc,Chronic WER*0.986•e^{0.8473[In hardness]+0.884}
General Information on the Reasonable Potential Analysis(RPA)
The RPA process itself did not change as the result of the new metals standards. However,
application of the dissolved and hardness-dependent standards requires additional consideration in
order to establish the numeric standard for each metal of concern of each individual discharge.
Fact Sheet
Renewal Dec2020--NPDES NC0046892
Page 3

The hardness-based standards require some knowledge of the effluent and instream(upstream)
hardness and so must be calculated case-by-case for each discharge.
Metals limits must be expressed as `total recoverable' metals in accordance with 40 CFR
122.45(c). The discharge-specific standards must be converted to the equivalent total values for
use in the RPA calculations. We will generally rely on default translator values developed for each
metal(more on that below),but it is also possible to consider case-specific translators developed in
accordance with established methodology.
RPA Permitting Guidance/WQBELs for Hardness-Dependent Metals - Freshwater •
The RPA is designed to predict the maximum likely effluent concentrations for each metal of
concern,based on recent effluent data,and calculate the allowable effluent concentrations,based
on applicable standards and the critical low-flow values for the receiving stream.
If the maximum predicted value is greater than the maximum allowed value(chronic or acute),the
discharge has reasonable potential to exceed the standard,which warrants a permit limit in most
cases. If monitoring for a particular pollutant indicates that the pollutant is not present(i.e.
consistently below detection level),then the Division may remove the monitoring requirement in
the reissued permit.
1. To perform a RPA on the Freshwater hardness-dependent metals the Permit Writer
compiles the following information:
• Critical low flow of the receiving stream, 7Q10 (the spreadsheet automatically
calculates the 1Q10 using the formula 1Q10=0.843 (s7Q10, cfs)0.993
• Effluent hardness and upstream hardness, site-specific data is preferred
• Permitted flow
• Receiving stream classification
2. In order to establish the numeric standard for each hardness-dependent metal of concern
and for each individual discharge,the Permit Writer must first determine what effluent and
instream(upstream)hardness values to use in the equations.
The permit writer reviews DMR's,Effluent Pollutant Scans,and Toxicity Test results for
any hardness data and contacts the Permittee to see if any additional data is available for
instream hardness values,upstream of the discharge.
If no hardness data is available,the permit writer may choose to do an initial evaluation
using a default hardness of 25 mg/L(CaCO3 or(Ca+Mg)). Minimum and maximum
limits on the hardness value used for water quality calculations are 25 mg/L and 400 mg/L,
respectively.
If the use of a default hardness value results in a hardness-dependent metal showing
reasonable potential,the permit writer contacts the Permittee and requests 5 site-specific
effluent and upstream hardness samples over a period of one week. The RPA is rerun using
the new data.
Fact Sheet
Renewal Dec2020--NPDES NC0046892
Page 4

The overall hardness value used in the water quality calculations is calculated as follows:
Combined Hardness(chronic)
=fPermitted Flow, cfs *Avg. Effluent Hardness,mg/L)x(s7Q10,cfs *Avg. Upstream Hardness,
mg/L)
(Permitted Flow,cfs+s7Q10,cfs)
The Combined Hardness for acute is the same but the calculation uses the 1 Q 10 flow.
3. The permit writer converts the numeric standard for each metal of concern to a total
recoverable metal,using the EPA Default Partition Coefficients(DPCs)or site-specific
translators, if any have been developed using federally approved methodology.
EPA default partition coefficients or the"Fraction Dissolved"converts the value for
dissolved metal at laboratory conditions to total recoverable metal at in-stream ambient
conditions.This factor is calculated using the linear partition coefficients found in The
Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a
Dissolved Criterion(EPA 823-B-96-007,June 1996)and the equation:
Cdj 1
Ctotal 1 + {[Kpo][ss(l+a)][10-6] }
Where:
ss=in-stream suspended solids concentration[mg/1],minimum of 10 mg/L used,and
Kpo and a=constants that express the equilibrium relationship between dissolved and
adsorbed forms of metals.A list of constants used for each hardness-dependent metal can
also be found in the RPA program under a sheet labeled DPCs.
4. The numeric standard for each metal of concern is divided by the default partition
coefficient(or site-specific translator)to obtain a Total Recoverable Metal at ambient
conditions.
In some cases,where an EPA default partition coefficient translator does not exist(ie.
silver),the dissolved numeric standard for each metal of concern is divided by the EPA
conversion factor to obtain a Total Recoverable Metal at ambient conditions. This method
presumes that the metal is dissolved to the same extent as it was during EPA's criteria
development for metals. For more information on conversion factors see the June, 1996
EPA Translator Guidance Document.
Fact Sheet
Renewal Dec2020--NPDES NC0046892
Page 5

5. The RPA spreadsheet uses a mass balance equation to determine the total allowable
concentration(permit limits) for each pollutant using the following equation:
Ca=(s7Q10+Qw) (Cwqs)—(s7Q10) (Cb)
Qw
Where: Ca=allowable effluent concentration(µg/L or mg/L)
Cwqs=NC Water Quality Standard or federal criteria(µg/L or mg/L)
Cb=background concentration: assume zero for all toxicants except NH3* (µg/L or
mg/L)
Qw=permitted effluent flow(cfs,match s7Q10)
s7Q 10=summer low flow used to protect aquatic life from chronic toxicity and human
health through the consumption of water, fish, and shellfish from noncarcinogens(cfs)
* Discussions are on-going with EPA on how best to address background
concentrations
Flows other than s7Q10 may be incorporated as applicable:
1 Q 10=used in the equation to protect aquatic life from acute toxicity
QA=used in the equation to protect human health through the consumption of
water, fish,and shellfish from carcinogens
30Q2=used in the equation to protect aesthetic quality
6. The permit writer enters the most recent 2-3 years of effluent data for each pollutant of
concern. Data entered must have been taken within four and one-half years prior to the date
of the permit application(40 CFR 122.21). The RPA spreadsheet estimates the 95th
percentile upper concentration of each pollutant. The Predicted Max concentrations are
compared to the Total allowable concentrations to determine if a permit limit is necessary.
If the predicted max exceeds the acute or chronic Total allowable concentrations,the
discharge is considered to show reasonable potential to violate the water quality standard,
and a permit limit(Total allowable concentration) is included in the permit in accordance
with the U.S. EPA Technical Support Document for Water Quality-Based Toxics Control
published in 1991.
7. When appropriate,permit writers develop facility specific compliance schedules in
accordance with the EPA Headquarters Memo dated May 10,2007 from James Hanlon to
Alexis Strauss on 40 CFR 122.47 Compliance Schedule Requirements.
8. The Total Chromium NC WQS was removed and replaced with trivalent chromium and
hexavalent chromium Water Quality Standards. As a cost savings measure,total chromium
data results may be used as a conservative surrogate in cases where there are no analytical
results based on chromium III or VI. In these cases,the projected maximum concentration
(95th%) for total chromium will be compared against water quality standards for
chromium III and chromium VI.
9. Effluent hardness sampling and instream hardness sampling,upstream of the discharge,are
inserted into all permits with facilities monitoring for hardness-dependent metals to ensure
the accuracy of the permit limits and to build a more robust hardness dataset.
Fact Sheet
Renewal Dec2020--NPDES NC0046892
Page 6

n flow values used in the Reasonable Potential Analysis for this permit
10. Hardness and y
included:
Parameter Value Comments (Data Source)
Average Effluent Hardness (mg/L)
[Total as, CaCO3 or(Ca+Mg)]
Average Upstream Hardness
(mg/L)
[Total as,CaCO3 or(Ca+Mg)]
7Q 10 summer(cfs)
1Q10 (cfs)
Permitted Flow(MGD) 0.450 MGD Outfall 001 (per permit)
Fact Sheet
Renewal Dec2020--NPDES NC0046892
Page 7

+' a
ROY COOPER ( 4x 1
Gov rr nor
MICHAEL S.REGAN � •. ,
LINDA CUNORTH CAROLPEPPER NOL iNA
tn,i n, Environmental Quality
December 16, 2019
Motiva ,
Enter rises LLC.
Enterprises,
Attn: Scott Dilling, Complex Manager
410 Tom Sadler Rd
Charlotte, NC 28214
Subject: Permit Renewal
Application No. NC0046892
Charlotte South Terminal #058503
Mecklenburg County
Dear Applicant:
The Water Quality Permitting Section acknowledges the December 11, 2019 receipt of your permit renewal application
and supporting documentation. Your application will be assigned to a permit writer within the Section's NPDES WW
permitting branch. Per G.S. 150E-3 your current permit does not expire until permit decision on the application is made.
Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The
permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a
timely manner to requests for additional information necessary to allow a complete review of the application and renewal
of the permit.
Information regarding the status of your renewal application can be found online using the Department of Environmental
Quality's Environmental Application Tracker at:
https://deq.nc.gov/permits-regulations/permit-guidance/environmenta I-application-tracker
If you have any additional questions about the permit, please contact the primary reviewer of the application using the
links available within the Application Tracker.
Sincerely,
Ais
Wren The. ord
Administrative Assistant
Water Quality Permitting Section
ec: Central Files w/application
ec: WQPS Laserfiche File w/application
DNorth Caro re Departmert of Ervronmenta Qul ty I D vson of Water Fiesabroes
Moores, a Reg ana Cff oe I £1D E. Center Avenue.S.to 301 I Moore;, e.North Caroi'ne 28115
704-693-1699

MOTIVA
ENTERPRISES LLC
December 3,2019
Mr.John Hennessy RECEIVED
NCDEQ/NPDES Permitting
1617 Mail Service Center DEC 1 1
Raleigh,NC 27699-1617
NCDEQ/DWR/NPDES
Subject: NPDES Permit Renewal Application
Motiva Enterprises,LLC—Charlotte South Terminal
NPDES Permit No.NC0046892
Dear Mr.Hennessy:
Motiva Enterprises LLC(Motiva)owns and operates the Charlotte South Terminal located at 6851
Freedom Drive,Charlotte in Mecklenburg County,NC.This petroleum bulk storage and distribution
facility discharges stormwater under NPDES Permit No.NC0046892 which will expire on June 30,2020.
Enclosed is a copy of the Permit Renewal Application Form—Short Form C—Minor Industrial,an
updated flow diagram of the wastewater system,a map of the facility location and surrounding area,and
effluent data for last three years.There have been changes to the facility and Motiva is respectfully
making requests as below:
Changes at the facility
During the last permit renewal,Motiva preserved the ability to discharge treated groundwater from the
carbon filtration system.Motiva has stopped using the carbon filtration system and wastewater will no
longer be discharged from the groundwater remediation system.Therefore,Motiva requests that the
groundwater remediation waste stream and all related requirements be removed from the permit.
Furthermore,Motiva requests reclassification of the facility and reevaluation of the ORC requirement.
Reduce monitoring frequency for BTEX and Naphthalene
Motiva is respectfully requesting reduced monitoring for BTEX(Benzene,Toluene,Ethyl Benzene and
Xylene)and Naphthalene based on the facility's exceptional performance for the past three years.All
monitoring results for BTEX and Naphthalene were below the limits of detection(LOD)except for one
sample of Benzene at 0.14 µg/L in the past three years.The statistics are as follows:
Benzene Toluene Ethyl Benzene Xylene Naphthalene
3-Year Average < 1 < 1 < 1 <2 < 1
3-Year Max 0.14 <5 <5 <5 <5
#of Data Points 34 34 34 34 34
Motiva Enterprises LLC
410 Tom Sadler Road
Charlotte,NC 28214

MOTIVA
ENTERPRISES LLC
Based on the effluent data from past three years,Motiva requests that monitoring frequency for BTEX
and Naphthalene be reduced to annually.
Removal of MTBE monitoring requirement
Motiva has stopped using MTBE as oxygenate in gasoline since 2010,and monitoring results from the
past three years have shown below the limits of detection for 30 out of 34 samples,with an average value
of 0.27 µg/L for MTBE.Currently the Division's recommended criteria for MTBE is 19 µg/L,and
Motiva's effluent does not show any reasonable potential to exceed the surface water criteria. In addition,
Motiva has been actively monitoring MTBE in the groundwater wells and is not planning to use MTBE
for future production and operation.Therefore,Motiva respectfully requests the monitoring requirement
for MTBE be removed from the permit.
Reduce monitoring frequency for Acute Toxicity Testing to Annually
Motiva has passed all quarterly WET tests as required by the last permit renewal with no demonstration
of toxicity. In accordance with the Division's 2005 Permitting Strategy for Petroleum Bulk-Storage,
Motiva respectfully requests that monitoring frequency for Acute Toxicity Testing be reduced to
annually.
Thank you for your assistance in processing this renewal application. If you have any questions regarding
the information provide,please contact Kristine Pelt,Environmental Coordinator at 919-616-5476 or
email at [e-mail].
Very truly yours,
MOTIVA ENTERPRISES LLC
Si6.7/A AO:1_3
D. Scott Dilling
Complex Manager
cc: K. Pelt,Motiva(electronic)
File: 550-03
Motiva Enterprises LLC
410 Tom Sadler Road
Charlotte,NC 28214

NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
Mail the complete application to:
N. C. Department of Environmental Quality
Division of Water Resources / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Number NC0046892 RECEIVED
Please print or type. DEC 1 1 2819
1. Contact Information: NCDEQ/DYVR1
8
Owner Name Motiva Enterprises LLC
Facility Name Motiva Enterprises-Charlotte South Terminal
Mailing Address 410 Tom Sadler Road
City Charlotte
State / Zip Code NC, 28214
Telephone Number 704-399-3301
Fax Number
e-mail Address [e-mail]
2. Location of facility producing discharge:
Check here if same as above ❑
Street Address or State Road 6851 Freedom Drive
City Charlotte
State / Zip Code NC, 28214
County Mecklenburg
3. Operator Information:
Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORC)
Name Motiva Enterprises LLC
Mailing Address 410 Tom Sadler Road
City Charlotte
State / Zip Code NC, 28214
Telephone Number 704-399-3301
Fax Number
4. Ownership Status:
Federal ❑ State ❑ Private ® Public ❑
Page 1 of 5 C-MI 10/08

NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial
Minor industrial, manufacturing and commercial facilities.
5. Standard Industrial Classification (SIC) code(s): 5171
6. Number of employees: 8
7. Describe the treatment system List all installed waste treatment components with capacities,
describe the processes that generate wastewaters. If the space provided is not sufficient attach a
separate sheet of paper with the system description.
Stormwater from the loading rack flows to an oil/water separator. Water from the
oil/water separator is sent to a holding tank with a hydrocarbon detector. Periodically,
the holding tank is discharged to the storage tank containment dike and comingles with
storm water collected within the diked area. The water in the diked area is eventually
discharged through Outfall 001 under operator supervision. Accumulated product in the
oil/water separator is pumped to Tank 90 and then to product tanks for recovery. Motiva
is requesting to remove groundwater remediation discharge from the permit since it is no
longer needed. (See Figure 1)
8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑
If yes, specify the category? N/A
9. Principal product(s) produced: No products are produced. The facility is a storage terminal
for gasoline, ethanol and petroleum distillates.
Principal raw material(s) consumed: N/A. No raw materials are consumed. The values
provided below represent throughput of the facility.
Briefly describe the manufacturing process(es):
The facility is a distribution terminal for gasoline and petroleum distillates. It does not produce,
manufacture, or consume products or raw materials. Gasoline and distillates are received via pipeline.
Ethanol and other additives are received via tanker truck. All products are distributed via tanker truck
through the terminal's truck loading process.
Page 2 of 5 C-MI 10/08

NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
10. Amount of principal product produced or raw material consumed
(List specific amounts consumed and/or-units of production over the last three years)
Product Produced or Raw Material Product Produced or Raw Material
Consumed Consumed
(AVERAGE) (PEAK)
per Day 730,000 gal (throughput) 1,100,000 gal (throughput)
per Month 22,000,000 gal (throughput) 33,000,000 gal (throughput)
per Year 260,000,000 gal (throughput) 400,000,000 gal (throughput)
11. Frequency of discharge: Continuous ❑ Intermittent
If intermittent: Varies with rainfall
Days per week discharge occurs: 0-3 Duration: 8 hours
12. Types of wastewater discharged to surface waters only
Flow
Discharge (GALLONS PER DAY)
Sanitary - monthly average N/A
Utility water, etc. - monthly average N/A
Process water - monthly average N/A
Stormwater—monthly average 20,000 gpd*
Other—monthly average
Explain: Groundwater remediation Request to be removed from permit
Monthly Average 20,000 gpd*
total discharge (all types)
* Note: Volume varies with rainfall, typical discharge is 8 hours, 2—4 days/month
13. Number of separate discharge points: 1 Outfall Identification number(s) 001
14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including
latitude and longitude):
Unnamed tributary to Long Branch. See figure below for exact location and coordinates.
Page 3 of 5 C-MI 10/08

NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial
Minor industrial, manufacturing and commercial facilities.
15. Effluent Data [for new or proposed discharges]
Provide data for the parameters listed. Temperature and pH shall be grab samples,for all other parameters 24-hour
composite sampling shall be used.If more than one analysis is reported, report daily maximum and monthly average.
If only one analysis is reported, report as daily maximum.
NOTE:Permittees requesting renewal should complete the table ONLY for the parameters
currently monitored. Summarize the past 3 years of effluent data. - —_
Parameter Daily Monthly Units of
Maximum Average Measurement
Total Suspended Solids 13 2.34 mg/L
Turbidity 22 7.8 NTU
Oil and Grease 8.9 0.3 mg/L
Benzene 0.14 < 1 µg/L
Toluene < 5 < 1 µg/L
Ethyl Benzene < 5 < 1 µg/L
Xylene < 5 < 2 µg/L
Total Recoverable Phenolics 13.9 0.6 µg/L
Naphthalene < 5 < 1 µg/L
MTBE 4.82 0.27 µg/L
16. List all permits, construction approvals and/or applications (check all that apply and provide permit
numbers or check none if not applicable)
Type Permit Number Type Permit Number
Hazardous Waste (RCRA) NCD046148318 NESHAPS (CAA) 40 CFR 63 Subpart BBBBBB
UIC (SDWA) N/A Ocean Dumping(MPRSA) N/A
NPDES NC0046892 Dredge or fill (Section 404 or CWA) N/A
PSD (CAA) N/A Other-Synthetic Minor Air Permit 18-083-689
Non-attainment program N/A
17. List any chemicals that may be discharged (Please list and explain source and potential
amounts.)
None in addition to the compounds being analyzed.
Page 4 of 5 C-MI 10/08

NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial
Minor industrial, manufacturing and commercial facilities.
18. Is this facility located on Indian country? (check one)
Yes ❑ No
19. Applicant Certification
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Scott Dulling Complex Manager
Printed name of Person Signing Title
•
iature o Applicant Date
North Carolina General Statute 143-21 .6 ) provides that: Any person who knowingly makes any false
statement representation, or certification in any application, record, report, plan, or other document files or
required to be maintained under Article 21 or regulations of the Environmental Management Commission
implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or
monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable
by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section
1001 provides a punishment by a fine of not more than$25,000 or imprisonment not more than 5 years,or both,
for a similar offense.)
Page 5 of 5 C-MI 10/08

Figure 1: Flow Diagram
Motiva Enterprises LLC
Charlotte South Terminal
Loading Rack
Stormwater
Recovered (Non-process)
Storage Product
Separator
Tank
Holding Tank Diked Area
Outfall 001
Unnamed Tributary to Long Branch 1
1

i.
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Charlotte South Terminal Location
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Permit NC0046892
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
Motiva Enterprises, LLC
is hereby authorized to discharge wastewater from outfalls located at the
Motiva Enterprises, LLC - Charlotte South Terminal
6851 Freedom Drive, Charlotte 28214
Mecklenburg County
to receiving waters designated as an unnamed tributary to Long Creek [stream segment 11-120-(2.5)],
within the Catawba River Basin in accordance with effluent limitations,monitoring requirements, and
other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective September 1, 2015.
This permit and authorization to discharge shall expire at midnight on June 30, 2020.
Signed this day July 20, 2015.
S. Jay Zimmerman, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8
L

Permit NC0046892
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby
revoked,and as of this issuance,any previously issued permit bearing this number is no longer effective.
Therefore,the exclusive authority to operate and discharge from this facility arises under the permit
conditions,requirements,terms, and provisions described herein.
Motiva Enterprises, LLC
is hereby authorized:
1. continue to operate a Surface-Water Pollution Control System for stormwater in proximity to above-
ground storage tanks(ASTs), surface bulk-storage of petroleum hydrocarbon fuels in excess of one
million gallons,and fuel-truck loading racks,utilizing
• bermed areas(secondary containment for ASTs)
• oil-water separator[1,500-gallons]
(truck-loading rack wastes disposed at a permitted facility off-site)
• oil-water separator(GW remediation)
• three(3)granulated carbon filters (GW remediation)
• air stripper(GW remediation)
• detention pond(with hand-operated discharge valve,normally closed)
at the Motiva-Charlotte South Terminal, facilities located at 6851 Freedom Drive,Charlotte,
Mecklenburg County,and
2. discharge from said treatment facility via Outfall 001,at a location specified on the attached map,
into an unnamed tributary(UT)of Long Creek[stream segment 11-120-(2.5)],a waterbody currently
classified as WS-TV waters within subbasin 03-08-34 [HUC: 03050101]of the Catawba River
Basin.
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Page 2 of 8

Permit NC0046892
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to
discharge stormwater from diked areas via Outfall 001. Such discharges shall be limited, monitored
and reported' by the Permittee as specified below:
1
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
[Parameter Codes] Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow 2(MGD) 50050 Episodic 2 Effluent
Total Suspended Solids(mg/L) C0530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent
Benzene 3(µg/L) 34030 1.19 µg/L Monthly Grab Effluent
Toluene 3(µg/L) 34010 11 µg/L Monthly Grab Effluent
Oil and Grease 4(mg/L) 00556 Monthly Grab Effluent
[EPA Method 1664 SGT-HEM]
Naphthalene 3,5(µg/L) 34696 Monthly Grab Effluent
Total Recoverable Phenolics 3(µg/L) 32730 Monthly Grab Effluent
Ethyl Benzene 3(µg/L) 34371 Monthly Grab Effluent
Xylene 3 (µg/L) 81551 Monthly Grab Effluent
MTBE 3(µg/L) 22417 Monthly Grab Effluent
Turbidity 6(NTU) 00070 50 NTU Quarterly Grab Effluent
Acute Toxicity 7 TGE3B Quarterly Grab Effluent
Footnotes:
1. No late than 270 days from the effective date of this permit,the permittee shall begin submitting
discharge monitoring reports electronically using the Division's eDMR application system [see A.
(4.)].
2. Flow shall be monitored with each discharge event—During periods of no flow,the
Permittee shall submit a signed,monthly Discharge Monitoring Report(DMR)indicating
"No discharge." Flow may be monitored using any one of four methods:
a) measure flow continuously via weir or flow meter(totalizer preferred);
b) calculate flow(see Rational Equation) [see A. (3.)]based on total
rainfall per unit area draining to the outfall;
c) estimate flow at 20-minute intervals during the entire discharge event;or
d) report flow based on discharge pump logs.
3. WET-test samples shall be collected concurrently with other POC samples,as appropriate to monitoring
frequencies.
4. Oil and Grease with EPA Method 1664 [SGT-HEM]—Where possible,the grab sample for oil and
grease should be skimmed from the surface of a quiescent(calm water)zone.
5. Naphthalene—Provided that the Permittee can demonstrate to the Division that its facility does not
now,nor has ever,stored diesel fuel or other heavy fuels,it may petition to remove monitoring for
naphthalene.
6. Turbidity—Effluent shall not cause receiving stream turbidity to exceed 50 NTU. If receiving-stream
background exceeds 50 NTU,the effluent shall not increase background levels. Non-compliance with
this Standard may require additional stream monitoring and a Turbidity Corrective Action Plan
(TCAP).
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Permit NC0046892
7. Acute Toxicity(Ceriodaphnia dubia)Pass/Fail Limit,Quarterly during the months of January,
April,July and October [see section A.(2.)].
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
• There shall be no oily sheen traceable from the receiving stream to this outfall.
• Direct discharge of tank solids,tank-bottom water,or the rag layer is not permitted.
• Hydrostatic Tank Testing: the Permittee shall discharge no tank solids,no tank bottom-water,
no tank rag-layer;no tank [or pipe]contents,unless benzene concentration tests less than 1.19
µg/L and toluene concentration tests less than 11 µg/L.
A. (2.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
[15A NCAC 02B .0500 et seq.]
Page 4 of 8

Permit NC0046892
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"(Revised December 2010 or subsequent versions).The monitoring shall
be performed as a Ceriodaphnia dubia 24 hour static test. The effluent concentration at which there
may be at no time significant acute mortality is 90% (defined as treatment two in the procedure
document). The tests will be performed during the months of January,April,July and October.
These months signify the first month of each three month toxicity testing quarter assigned to the facility.
Effluent sampling for this testing must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted fmal effluent discharge below all treatment processes.
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.
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
TGE3B. Additionally,DWR Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1623 Mail Service Center
Raleigh,North Carolina 27699-1623
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
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 there be no discharge of flow from the facility during a month in which toxicity monitoring is
required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test
form indicating the facility name,permit number,pipe number,county,and the month/year of the report
with the notation of"No Flow"in the comment area of the form.The report shall be submitted to the
Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,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. Assessment of
toxicity compliance is based on the toxicity testing quarter,which is the three month time interval that
begins on the first day of the month in which toxicity testing is required by this permit and continues
until the fmal day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream,this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
Page 5 of 8