HomeMy WebLinkAboutNC0077739_Regional Office Historical File Pre 2018State of North Carolina tflYlSl'
Department of Environment, Health and Natural ResouR5V1U
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
arn, Governor
Cobey, Jr., Secretary
April 26, 1991
A. C. Lineberger
Woodlawn. Mills, Inc,
140L Catawba Street, Box 810
Belmont, NC 28012
991
George T. Everett, Ph.D„
Director
Subject: NPDES Permit No. NC0077739
Woodlawn Mills, Inc,
Gaston County
Dear Mr. Lineberger
The Division of Environmental Management is in receipt of information which contirl"r1 that
the subject facility no longer wishes to have an NPDES Permit for a discharge to the surface
waters of the State of North Carolina. Therefore, as you requested, NPDES Permit No.
NC0077739 is hereby rescinded effective immediately. Should you wish at some future time to
discharge to the surface waters, it will require the issuance of a new discharge permit.
If you have any questions concerning this matter, please contact Mr. Mack Wiggins at (919)
733-5083,
Sincerely,
George T. Everett
cc: Mr, Jim Patrick, EPA
Compliance
Mooresville Regional Office
Permit File
Budget Office
Technicai Supper t Branch
Po1!«eon Preve iior Pays
P.C). Box 27687, Raleigh,. North Carolina 27611-7687 'Telephone 919-73:3-7015
An Equal Opportunity Affirmative Acrictn. Eruplover
44fItSACW Of (N-vi40,4trOtTAL MANARE44Etrt
FFq 16 19,0
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey. Jr., ,Secretary
Mr, A. C. Lineberger
140L Catawba Street, Box 810
Belmont, NC 28012
Dear Nr. Lineberger:
February 9, 1990
Subject: Permit No, NC0077739
Woodlawn Mills, Inc.
Gaston County
R. Paul
Director
Inaccordance with. your application for discharge permit received on. August
14, 1989, we. are forwarding herewith the subject State - NPDES permit- This permit is
issuedpursuant to the requirements of North Carolina General Statute 143-215.1 and
the Memorandum of Agreement between North. Carolina and the. US Environmental Protection
Agency dated December 6, 1983..
If any parts, measurement frequencies or sampling requirements contained in
this permit are unacceptable toyou, you have the right to an adjudicatory hearing
upon written request within. thirty (30) days following receipt of this letter. This
request must be in the form of a written petition, conforming to Chapter 15013 of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings,
Post Office Drawer 11666, Raleigh, North Carolina 27604, Unless such demand is made,
this decision shall be final and binding.
Please take notice that this permit is not transferable. Part 11, D.3.
addresses the requirements to be followed in case of changein ownership or control of
this discharge.
This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Environmental Management or permits required
by the Division. of Land Resources, Coastal Area Management Act or any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Ms. Lula
Harris at telephone number 919/733-5083.
cc: Mr. Jim Patrick, EPA
Mooreevi 110 Regional Office
7
Sincerely,
Original signed by
Dale Overcash for
George T. Everett
Director
Pollution Prevendon Pays
7, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Permit No. NC0077739
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANTDIScHARQE ELIMINATION SYSTEM
In compliance with the provision of North. Carolina General Statute 143-21.5.1,
other lawful standards and regulations promulgated and adopted by the North Carolina En
Management Commission, and the Federal Water Pollution Control Act, as amended,
Woodlawn Mills, Inc.
Hereby authorized to discharge wastewater from a facility located at
Woodlawn Mills, Inc.
Gaston County
to receiving waters designated as Catawba River in the River Basin
nnr
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts 1, II, and III hereof.
This per°rnit shall become effective February 9, 1990
This pertuit and the authorization to discharge shall expire at midnight on August 31, 1991
Signed this day February 9, 1990
ntal
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental Management Co
ssron
s hereby orized to:
SUPPLEMENT `fC PERMIT ER SI IEET
'odlavn Mills, In
. N'7'1'739
Continue to i ch r u hackwas1t water nd atNC IIiah ty 7, near Belmont,
Gaston County III of this I.
. Discharge from fron id tr
unnamed tributaty t+
Catawba River Basin.
ha Riv°
rt t tnt an
d I3 waters in the
`:`FH. CAROLI.r'
vD ,ECONOMIC RESOURCES
H CAROLINA
49 4 6 i O"" 497
BELMONT QUADRANGLE
NORTH CAROLINA--SOUTH CAROLINA
7.5 MINUTE SERIES (TOPOGRAPHIC)
NE/4 CLOVER 15" QUADRANGLE
499 E1 OO 000 FEET, 6'
A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL I'en it No. NC0077739
During the period beginning on the effective date of the permit and lasting until expiration, the errrune is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the perrrrittee as specified below:
Effluent Characteristics
y
Avg,, Daily, Max
Flow
Total Suspended Solids
Settleable Solids
Turbidity
Discharge Limitations Monitoring Requirements
Units (speclfyl Measurement Sample `Samele
Mon. Avg, Daily Max, Freq en .y LYee Location
30.0 mg/I
0.1 mi/I
45.0 mg/I
0.2 ml/I
*The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
All samples collected should be of a representative discharge.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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Part II
Page 1 of 14
SE(
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
TION A. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds
for enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.
2. Penalties for Viola ions
ditions
Any person who violates a permit condition is subject to o civil penalty not
to exceed $10,000 per day of such violation. Any person who willfully or
negligently violates a permit condition is guilty of a misdemeanor punishable
by a fine not to exceed $15,000 per day of violation, or by imprisonment.
not to exceed six months or both.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize any adverse impact
to navigable waters resulting from noncompliance with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact: of the noncomplying discharge.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b)
(3) and NGOS 143-215.1(e) respectively, this permit may be modified, suspended,
or revokedin whole or in part during its term for cause including, but not
limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to disclosefully
all relevant facts;
c. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
d. mntion newly acquired. by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would be. cause for
modification or revocation and reissuance, the permittee must report such
information to the Permit Issuing Authoxity. The submittal of a new application
Part II
Page 2 of 14
maybe required of the permittee. The filing of a request by thepermittee for
a permit modification, revocation and reissuance, or termination, or a
notification, of planned changes or anticipated noncompliances, does not stay
any permit condition,
5. Toxic Pollutants
Notwithstanding Part IT, A-4 above, if a toxic effluent standard. or prohibition
(including any scheduleof compliance specified in such. effluent standard or
prohibition) is established under Section 307(a) of the Act for a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitation for such pollutant in this permit, this
permit shall be revised or modified in accordance with the toxic effluent
standard prohibition. and the permittee so notified.
The permittee shall comply with effluent standards or prohibitions established
under Section 307(a) of the. Clean Water Act for toxic. pollutants within the
time provided in the regulations that establish, those standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
6, Civil and Criminal Liability
Except ns provided in permit conditions on "Bypassing" (Part II, B-3) and
"Power Failures" (Part IT, B-6), nothing in this permit shall be construed
to relieve the permittee from any responsibilities, liabilities, or penalties
for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible. for
consequential damages, such as fish kills, even though the responsibility
for effective, compliance may be temporarily suspended.
7. Oil nd Hazardous Substance Liability
Nothing in this permit shali he 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 Pt seq. or Section 311. of the Federal Act, 33 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
eventhough the responsibility for effective compliance may be temporarily
suspended.
8 ProRcrty_ 3jaglits
The issuance of this permit does not convey any property rights in either real
or personal property, or any exclusive privileges, nor does it authorize any
injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations,
Part II
Page 3 of 14
On whore cif Offshore Construction
This permit does not authorize or approve the construction of any onshore or
offshore rrlrsical structures or facilities or the undertaking of any work
in any n
10 S
v
•abi
The provision of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circumstances,
is held invalid, the application of such provision, to other circumstances, and
the remainder of this permit, shall not be affected thereby.
Duty,
vide Info
ion
The permittee shall fr rnish to the Permit Issuing Authority, within a reason-
able time, and„* 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
per.mittee shall also furnish to the Permit Issuing Authority upon. request,
copies of records required to be kept by this permit.
SECTION Il, t PEPATICN AND MAINTENANCi= OF POLLUTION CONTROLS
Proper Op_ ration and ainien
The permit t..ee shall at all times maintain in good working order and operate
as efficiently as possible all treatment or control facilities or systems
it ailed or used by the perm i ttee to achieve compliance with the terms
and conditions of this permit.
Need
o 1
Reduce not a Defense
It shall not 17e a defense for a permit
would have been necessary to halt or r
order to maintain compliance with the
Pyl?assnA
in an enforcement action
e the permitted activity
ion of this permit.
hat it.
Any diversion from or bypass of facilities is prohibited, except (i where
unavoidable to prevent loss of life or severe property damage, or (ii)
where excessive storm drainage or runoff would damage any facilities
necessary. for compliance with the effluent limitations and, prohibitions of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not later than six months from the date of issuance
of this permit, detailed data or engineering estimates which identify„
The location of each sower system bypass or overflow;
The free
duration and quantity oaf flow from each sewer system
bypass or over f low.
Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The permittee shall report by telephone to either the central office or
appropriate regional office of the Division as soon as possible, but in
no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any division. from or
bypass of facilities.
4. Upsets
"Upset" means an exceptional incident in, which there is unintentional and
temporary noncompliance with technologybased permit effluent limitations
becnnse of factors beyond the reasonable control of the permittee. An upset
does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such. technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3) are met.
5. RemovedSphstances
Solids, sludges, filter backwash, or other pollutants removed in the. course of
treatment or control of wastewaters shall he disposed of in accordance with
NCGS 143-215.1 and in a manner such. as to prevent any pollutant from such
materials from entering waters of the State or navigable waters of the United
States.
6, Power Failures
Tlie permittee is responsible for maintaining. adequate safeguards as required
by DEM Regulation, Title. 15, North Carolina Administrative Code, Subchapter 211,
,0124 Reliability, to prevent the discharge of untreated or inadequately treated
wastes during electrical power failures either by means of alternate power
sources, standby. generators or retention of inadequately treated effluent.
SECTION C. MONITORING AND RECORDS
1. Representtive Sampling
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume andnature of the, permitted discharge. Samples
collected at a frequency 1r=ss than daily shall be taken on. a day and time that
is characteristic of thedischarge over the entire period which the sample
represents. All samples shall he taken at the monitoring points specified in
this permit nnd, unless otherwise specified , before the effluent joins or is
diluted 1)y any other wastestream, body of water, or substance. Monitoring points
shall not be changed without notification to and the approval of the Permit
issuing Authority.
Part II
Page 5 of 14
2. Reporting
Monitoring results obtained during the previous month(s) shrill be summarized for
each month and reported on a monthly Discharge Monitoring Report (DMR) Form
(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM,
postmarked nc latex than the 30th day following the completed, reporting period.
The first DMR is due on the last day of the month following the issuance of the
permit or in the case of a new facility, on the last day of the month following
the commencement of discharge. Duplicate. signed copies of these, and all other
reports required herein, shall he submitted to the fallowing address:
Division of Environmental Management
Water Quality Section.
ATTENTION: Central Files
Post Office Box 27687
Raleigh. North Carolina 27611
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices slsall be selected and used to insure the accuracy and
reliability of measurements of the volume of monitored. dascharges. The
devices shall be installed, calibrated and maintained to insure that the
accuracy of the measurements Are consistent with the. accepted capability of
that type of device. Devices selected shall he capable of measuring flows
with a maximum deviation of less than + .10 from the true discharge rates
thronghont the range of expected discharge volumes. Once -through condenser
cooling water flow which is monitored by pump logs, or pump hour meters as
specified in Part T of this permit and based on the manufacturer's pump
curves shall not he subject to this requirement.
Test. Procedures
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to NCGS 143-215.63 et seq, the Water and. Ai
Quality Reporting Acts, and to regulations published pursuant to Section 3
33 USC' 1314, of the Federal Water Pollution Control Act, as Amended, and
Regulation 40 CFR 136.
4(g),
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 he 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 he used.
Part II
Page 6 of 14.
5. Pe1Qs for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon conviction, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both,
6. Records Retention
All records and information resulting from the monitoring activities required by
this permit including all records of analyses performed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of throe (3) years by the
permittee. This period of retention shall he extended during the course
of any unresolved litigation or if requested by the Division of Environmental
Management or the Regional Administrator of the Environmental Protection. Agency,
Recording Results
For each measurement or sample taken pursuant to the requirements of this
permit, the permittee shall record the following. information:
a, The exact place, date, and time of sampling.;
h. The dates the analyses were performed;
c. The person(s) who performed theanalyses; and
d. The results of such analyses.
8 Pf_E.PtiY,
The permittee shall Allow the Director of the. Division. of Environmental
Management, the Regional Administrator, and/or their authorized. representatives,
upon the presentations of credentials:
a. To enter upon the permittee's premises where an effluent source is located
or in which any records are required to be kept under the terms and
conditions of this permit; and
b. At reasonable times to have access to and copy any records required to be.
kept under the terms and conditions of this permit; to inspect any
monitoring equipment or monitoring method required in this permit; and
to sample. any discharge of pollutants.
Part II
Page 7 of 14
SECTION D. REPORTING REQUIREME
1, Change in Discharge
All discharges authorized herein shall be consistent with the terms and
conditions of this permit The discharge of any pollutant identified in
this permit more frequently than or at a level in excess of that authorized
shall constitute a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications which will result
in newa different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or, ifsuch changes will not violate
the effluent limitations specified in this permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify.
and limit any pollutants not previously limited.
2. Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing Authority of any planned
change in thepermitted facility or activity which may result in noncompliance
with permit requirements. Any maintenance of facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled during noncritical water quality periods and carried
out in a manner approved by the Permit issuing Authority,
3. Ttansfet Ownership or Control
This permit is not transferable. In the event of any change in name, control
or ownership of facilities from which the authorized discharge emanates or is
contemplated, the permittee shall notify the prospective owner or controller by
letter of the existence of this permit and of the need to obtain a permit in the
name of theprospective owner. A copy of the letter shall be forwarded to the
Division. of Environmental Management.
4. Addit ional_Monitot ing_by_Pernii.ttee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods
as specified above, the results of such monitoring shall be included in the
calculation and reporting of the values is required in the DMR. Such increased
frequency shall also be indicated, The DEM may require more frequent monitoring
or the monitoring of other pollutants not required in this permit by written
notification.
5. AverAging of Measurements
Calculations for limitations which require averaging of measurements shall
utilize an arithmetic mean unless otherwise specified by the Permit Issuing
Authority in the permit.
Part II
Page 8 of 14
6. Noncompjianc. 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 thewater 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; car any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render
the facility incapable of adequate wastewater treatment such as mechanical
or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility
resulting in a by-pass directly to receiving waters without treatment
of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has.
gone out of compliance with its NPITS permit limitations:
Persons reporting such occurrences by telephone shall also file a written
report in letter form within 15 days following first knowledge of the
occurrence:
7. Changes in Dischargfs of TOXIC, Substances:
The permittee shall notify the Permit issuing Authority as soon as it knows or
has reason to believe:
That any activity has occurred or will occur which would result in the
discharge, on a routine, or frequent basis, of any toxic substance(s) (listed
at 40 CFR S 122, Appendix D, Table 11 and III) which is not limited in the
permit, if that discharge will exceed the highest of the following
"notification levels"
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ugil) for acrolein and
acrylonitrile; five hundred micrograms per liter (500 ug/1)
for 2,4-dinitrophenoi and for 2-methyl-4,6-dinitrophenol; and one
milligram per liter (1 mg/1) for antimony; or
(3) Five (5) times the maximum concentration value reported for that
pollutant(s) in. the permit application,
Part I1
Page 9 of 14
That any activity has occurred or will occur which would result in any
discharge, on a non -routine or infrequent basis, of a. toxic pollutant
(listed at. 40 CFR S 122, Appendix D. Table II and III) which is not
limited in the permit, if that discharge will exceed the highest of the
following "notification levels
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per llter (1 mg/1) for antimony; or
(3) Ten (10) times the maximum concentration value reported for that
pollutant(s) in the permit application.
lax�_iration ..p. - er
Permittee is not authorized to discharge after the expiration date. In. order to
receive authorization to discharge beyond, the expiration date., the permittee
shall submit such information, forms, and fees as are required by the. agency
authorized to issue permits no later than 180 days prior to the expiration date.
Any discharge without a permit after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq.
gpatory Require re
All applications, reports, or information submitted to the Permit Issuing
Authority shall be signed and certified.
All permit applions shall be signed as. follows:
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
factions for the corporation, or (b) the manager of one or more
manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expendi
exceeding 25 million (in. second quarter 1980 dollars), if authority
to sign documents has been. assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or
the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either
a principal executive officer or ranking elected official.
Part II
Page 10 of 14
b. All reports required by the permit and other information requested by the
Permit Issuing Authority shall be signed by a person described above or by
a duly authorized representative of that person. A person is a duly
authorized representative only if;
(1) The authorization is. made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a
named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification, Any person signing a. document under paragraphs a_ or b. of
this section shall making the following certification:
"I certify, under Penalty of. law, that this document and all attachments
were prepared under my directionor supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the, person or persons who
manage thesystem, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and.
believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
10. ry bility_of Reports
Except for date determined to be confidential under NCGS 143-215.3(a) (2) or
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with. the terms shall be available for public inspection at the offices of the
Division of Environmental Management. As required by the Act, effluent data
shall not be considered confidential. Knowingly making any false statement on
any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act,
11, Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document
submitted or required. to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment
for not more than six. months per violation, or by both.
Part II
Page 11 of 14
SECTION' E. DEFINITION
1. Permit issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of 'Environmental Management, Department of Natural
Resources and Community Development. 3. EMC:
Used. herein means the North Carolina Environmental Mana ement Commission.
3. MC
Used herein means the North Carolina Environmental Management Commission.
4. Act or '°the Act"'
The Federal Water Pollution Control Act, Also known as the Clean Water Act, as
amended, 33 tJSC 1251, et. seq.
5. M s/Day 11e ure ntm
The °monthly average discharge: is defined as the total mass of all
daily discharges sampled and/or measured during a calendar month on.
which daily discharges are sample and measured, divided by the number
ofdaily discharges samples and/or measured during such month, It is
therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by
the number of days the tests were reported. The limitation identified as as "Monthly Average" in Part I of the permit.
Th. e 'weekly average discharge" is defined as the total mass of
all daily discharges sampled and/or measured during the calendar week
(Sunday -Saturday) on which daily discharges are sampled and measured,
divided by the number of daily discharges samples and/or measured
during such week,. It is, therefore, an arithmetic mean found by
adding the weights of pollutants found each day of the week and then
dividing this sum by the number of days the tests were reported. This
limitation. is identified as "Weekly Average" in Part I of the permit.
The "maimu
pollutant d
taken durin
it is the
"i)a lv Maximum,
daily discharge." is the total mass (weight) of a
charged during e calendar. day. If only one sample is
any calendar day the weight of pollutant calculated from
ximiim daily discharge." This limitation
in Part I of the per-mi_t.
identified as
Part II
Page 12 of 14
d. The "average annual discharge" is defined as the total mass of all daily
discharges sample and/or measured during the calendar year on which daily
discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such year. It is, therefore, an
arithmetic mean found by adding the weights of pollutants found each day of
the year and then dividing this sum by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the
permit.
6. Concentration Me
su
a. The "average monthly concentration," other than for fecal coliform
bacteria, is the sum of the concentrations of all daily discharges
samples and/or measured during a calendar month on which daily discharges
aro sampled and measured, divided by the number of daily discharges sampled
and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected
during that calendar day. The average monthly count fox fecal coliform
bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average"
under "Other Limits" in Part 1 of the permit.
b. The aerage weekly concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar week (Sunday/Saturday) on which daily discharges,
are sampled and measured divided by the number of daily discharges sampled
and/or measured during. such week (arithmetic mean of thedaily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during
that calendar day. The average weekly count for fecal coliform bacteria is
the geometric. mean of the counts for samples collected during a calendar
week. This limitation is identified as "Weekly Average" under "Other
Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant
discharge during a calendar day. If only one sample is taken during any
calendar day the concentration of pollutant calculated from it is the
"Maximum Daily Concentration", It is identified as "Daily Maximum" under
"Other Limits" in Part 1 of the. permit,
Part II
Page 13 of 14
d The "average annual concentration," other than for fecal co-iformbacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar year on which daily discharges are sampled and
measured divided by the number of daily discharges sampled and/or measured
during such year (arithmetic mean of the daily concentration values). The
daily concentration. value is equal to the concentration of a composite
sample or in the case of grab samples is the arithmetic mean. (weighted by
flow value) of all the samples collected during that calendar day. The
average yearly count for fecal coliform bacteria is the geometric mean.
of the counts for samples collected during a calendar year. This
limitation is identified as "Annual Average" under "Other Limits" in Part 1
of the permit:.
7 Other
The "daily minimum concentration" (for dissolved oxygen only is the
minimum allowable a .mount of dissolved oxygen required to be available in
the effluent prior to discharge. It is identified as "Daily Minimum" under
"Other Limits" in Part I11 of the permit.
Yments
Plow, (MGD): The flow limit expressed in this permit is the 24 hours
average flow, averaged monthly, It is determined as the arithmetic mean
of the total daily flows recorded during the calendar month.
b. An r"instantaneous flow measurement" is a measure of flow taken at the ti
of sampling, when both the sample and flow will be representative of the
totaI . discharge.
Types o
Ales
Composite Sample: These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. If a composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent. grab
samples shall be no greater than hourly. Intervals between effluent grab
samples shall be no greater than, hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the interval between grab samples shall be no greater in number of
hours than, the detention time in number of days; provided, however, in
no case may the time. between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
Grab Sample: Grab samples are individual samples collected over a
period of time not exceeding 15 minutes; the grab sample can be taken
manually.
9
Part II
Page 14 of 14
ulation of Means
a, Arithmetic Mean.: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b Geometric Mean: The geometric. mean of any set of values is the Nth root of
the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the anti_log of
the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
Weighted by Flow Value: Weighted by flow value, means the summation of each
concentration times its respective flow divided by the summation of the
respective flows.
10. Calendar Day
A calendar day .s defined as the period from midnight of one day until midnight
of the next day. However, for purposes of this permit, any consecutive 24-hour
period that reasonably represents the calendar day may be used for sampling.
11. Hazardous Substance.
A hazardous substance means any substance designated under 40 CF. Part 116
pursuant to Section 311 of the Clean Water Act.
1.2, Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of
the Clean Water Act,
Revised 6/89
PART III
OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued tothis facility, whether for
construction or operation. or discharge, are, hereby revoked by issuance of this
permit. The. conditions, requirements, terms, and provisions of this permit
authorizing discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment facilities or additions thereto shall
he begun until Final Plans. and Specifications have been submitted to the
Division of Environmental Management and written approval and Authorization
to Construct has been issued.
C. Ceitiprator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee
shall employ a certified. wastewater treatment plant operator in responsible
charge (ORC) of the wastewater treatment facilities. Such operator must
hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities. The
permittee shall notify the Division's Operator Training and Certification
Unit within five days of any change in the ORC status.
D, Pro4PAW.0q49_Tirlg
The permittee shall, upon written notice from the Director of the Division of
Environmental Management, conduct groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
E. Limitations Reppener
This permit shall be modified or alternatively, revoked and reissued, to comply
with any applicable effluent guideline or water quality standard issued or
approved under Sections 302(h) (2) (c), and (d), 304(b) (2), and 307(8) (2)
of the Clean Water Act, if the effluent guidelineor water quality standard
so issued or approved;
1. contains different conditions or is otherwise more stringent than any
effluent limitation in the permit; or
2. controls any polIntant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any
other requirements in the Act then applicable.
F. This per hal
Part III
Continued
be modified, or revoked and reissued to incorporate toxicity limitations
and monitoring requirements in the event toxicity testing or other studies conducted on the
effluent or receiving stream ►ndicate that detrir entai effects may be expected in the receiving
earn as a result of this discharge.
is recommended that the discharge pipe be extended directly to the unna�
the Catawba River.
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