NC0066869_Regional Office Historical File Pre 2018

Depa
James. G. Martin, Gov or
S, Thomas Rhodes, Secretary
Mr. Randy Gilbert
Dutchman Estates
PO Box 447
Bessemer City, NC 28016
Dear Mr. Gilbert:
State of North Carolina
Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
September 2, 1986
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Subject:
Permit No. NC0066869
Dutchman Estates
Gaston County
R, Paul Wilms
Director
In accordance with your application for discharge permit received on
April 29, 1986, we are forwarding herewith the subject State - NPDES permit.
This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and
the US Environmental Protection. Agency dated December 6, 1983.
If any parts,, measurement frequencies or sampling requirements
contained in this permit are unacceptable to you, you may request a waiver
or modification pursuant. to Regulation 15 NCAC .0508(b) by written request
to the Director identifying the specific issues to be contended. Unless
such request is made within 30 days following receipt of this permit, this
permit shall be final and binding. Should your request be denied, you will
have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferable. Part I1, 8.2.
addresses the requirements to be followed in case of change in ownership or
control of this discharge.
This permit does not a
permits which may be requir
permits required by the Div
Act or any other Federal or
fect the legal requirement to obtain other
d by the Division of Environmental Management or
sion of Land Resources, Coastal Area Management
Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr.
ck Wiggins, at telephone number 919/733-5083.
cerely,
ORIGINAL SIGNED BY'
ARTHUR MOUBERRY
FOR R. Paul Wilms
Mr. Jim Patrick, EPA
Mooresville Regional Supervisor
Pollution Prrren(ion Pays
P.Q. Box 27687, Ram. North Carolina 27611-7687 Tekphone 919-733.7015
An Equal Opportunity Affirmative Action. Employer

Permit No. NC0066869
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
E R M I T
To Discharge Wastewater Under The
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General
Statute 143-215.1, other lawful standards and regulations promulgated
and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Mr. Randy Gilbert
is hereby authorized to discharge wastewater from a facility located
at
Dutchman Estates
Gaston County
to receiving waters designated as Dutchman Creek in the Catawba River
Basin
in accordance with effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, II, and. III hereof.
This permit shall be effective September 2, 1986
This permit and the authorization to discharge shall expire at
midnight on August 31, 1991
Signed this day of September 2, 1986
44
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental
Management Commission

No. NC0066869
hereh au horim d
ENT TO PERMIT COVER
Randy' her
Enter i a con act for ons
reatment fstill t , and
Re an out
nc,
PET
on 0f a was
o Dutch an CrC _ and
ewra
r
After 'recei.vin, an Axthoriatia to Construct o the
Division of Environmental e ent, construct and operate a
0.045 tfib wastewater treatment facilitY consisting of a 24
hour extended aeration, secondary ling and a 30 minute
detention tie chlorination systems iocsted in Gaston County
(See Fart "Ili of this Permit) , and
Discharge from said traten t works` irat0 Dutchman Creek which
is classified Glass ,,a waters and is located in the Catawba
River_ Rani

A.
(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final
During the period beginning on the effective date of the Permitand lasting until e:
the permittee is authorized to discharge from outfall(s) serial number(s)001.
Such discharges shall be limited and monitored by the pertnittee as specified below:
Effluent Characteristics Discharge Limitations
K day (lbs/da )
Monthly Avg. Weekly Avg.
Flow
80'a, 5Day, 20°C
Total Suspended. Residue
NH3 as N
Temperature
*Sample locations: E - Effluent,
Other -Unit
Monthly Avg.
0.0450 MGD
30.0 mg/1
30.0 mg/i
Influent
s (Specify)
Weekly Avg.
45.0 mg/1
45.0 mg/1
Mont to
Measurement
Frequency
Weekly
2/Month
2/Month
Monthly
Weekly
The pH shall not be less than 6.0 standard units nor greater than 9,0
shall be monitored 2/Month at the effluent by grab sample.
There shall be no discharge of floating solids, or visible foam in other than trac
n
a
on,
Requirements
Instantaneous
Composite
Composite
Composite
Grab
standard units and
unts.
* Sarn i e
Loc op
I or E
8
E
8
8

Part I
Permit No. NC
SCHEDULE OF COMPLIANCE
1, The permittee shall achieve compliance with the effluent
limitations specified for discharges in accordance with the
folllowing schedule:
No later than 14 calendar days following a date identified in
the above schedule of compliance, the permittee shall submit
either a report of progress or, in the case of specific actions
being required by identified dates, a written notice of
compliance or noncompliance. In the latter case, the notice
shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next scheduled
requirement.
114

C. MONITORING AND REPORTING
1. Representative Sampling
Samples collected and measurements taken as required herein
shall be characteristic of the volume and nature of the
permitted discharge. Samples collected at a frequency less
than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period which
the sample represents.
2. Reporting
Monitoring results obtained during the previous month(s)
shall be summarized for each month and reported on a monthly
Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1,
2, 3,) or alternative forms approved by the Director, DEM,
postmarked no later than the 30th day following the
completed reporting period.
The first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility,
on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other
reports required herein, shall be submitted to the following
address:
Division of Environmental Management
Water Quality Section
ATTN: Central. Files
Post Office Box 27687
Raleigh, NC 27611
Definitions
a. Act or "the Act": The Federal Water Pollution Control
Act, also know as the Clean Water Act, as amended, 33 U.S.C.
1251, et. seq.
b. The monthly average, other than for fecal coliform
bacteria, is the arithmetic mean of all the samples
collected in one calendar month. The monthly average for
fecal coliform bacteria is the geometric mean of samples
collected in one calendar month.
c. The weekly average, other than for fecal coliform
bacteria, is the arithmetic mean of all the samples
collected during one calendar week (Sun -Sat). The weekly
average for fecal coliform bacteria is the geometric mean of
all samples collected in one calendar week (Sun -Sat).
H 5

d. DEM or Division: means the Division of Environmental
Management, Department of Natural Resources and Community
Development.
e. EMC: used herein means the North Carolina Environmental
Management Commission.
f. Flow, M3/day (MGD): The flow limit expressed in this
permit is the 24 hour average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
g. Arithmetic Mean: The arithmetic mean of any set of
values is the summation of the individual values divided by
the number of individual values.
h. Geometric Mean: The geometric mean of any set of values
is the Nth root of the product of the individual values
where N is equal to the number of individual values. The
geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric, mean, values of
zero (0) shall be considered to be one (1)..
i. 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.
j. Grab Sample: Grab samples are individual samples
collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually.
H 6

4. Test Procedures
Test procedures for the analysis of pollutants shall conform
to the EMC regulations published pursuant to N.C.G.S.
143-215.63 et seq, the Water and Air Quality Reporting Act,
and to regulations published pursuant to Section 304(g), 33
USC 1314, of the Federal Water Pollution Control Act, As
Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the
requirements of this permit, the permittee shall record the
following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed; and
c. The person(s) who performed the a alyses.
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s)
designated herein more frequently than required by this
permit, using approved analytical methods as specified
above, the results of such monitoring shall be included in
the calculation and reporting of the values is required in
the DMR. Such increased frequency shall also be indicated.
The DEM may require more frequent monitoring or the
monitoring of other pollutants not required in this permit
by written notification.
7. 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 three (3)
years. This period of retention shall be extended during the
course of any unresolved litigation or if requested by the
Division of Environmental Management or the Regional
Administrator of the Environmental Protection Agency.
H 7

PART :I1 GENERAL CONDITIONS
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with
the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than
or at a level in excess of that authorized shall constitute
a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications
which will result in new, different, or increased discharges
of pollutants must be reported by submission of a new NPDES
application or, if such changes will not violate the
effluent limitations specified in this permit, by notice to
the DEM of such changes. Following such notice, the permit
may be modified to specify and limit any pollutants not
previously limited.
2. Noncompliance Notification
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 of the following:
a. Any occurrence at the water pollution control
facility which results in the discharge of significant.
amounts of wastes which are abnormal in quantity or
characteristic, such as the dumping of the contents of a
sludge digester, the known passage of a slug of
hazardous substance through the facility or any other
unusual circumstances.
b. Any process unit failure, due to known or unknown
reasons, that render the facility incapable of adequate
wastewater treatment, such as mechanical or electrical
failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or
treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion
of the influent to such station or facility.
d. Any time that self -monitoring information indicates
that the facility has gone out of compliance with its
NPDES permit limitations.
H 8

Persons reporting such occurrences by telephone shall also
file a written report in letter form within 15 days
following first knowledge of the occurrence.
Facilities Operation
The permittee shall at all times maintain in good working
order and operate as efficiently as possible all treatment
or control facilities or systems installed or used by the
permittee to achieve compliance with the terms and
conditions of this permit.
4. Adverse Impact
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 such accelerated or additional
monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
5. Bypassing
Any diversion from or bypass of facilities is prohibited,
except (i) where unavoidable to prevent loss of life or
severe property damage, or (ii) where excessive storm
drainage or runoff would damage any facilities necessary for
compliance with the effluent limitations and prohibitions of
this permit. 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:
a. The location of each sewer system bypass or overflow;
b. The frequency, duration and quantity of flow from
each sewer system bypass or overflow.
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 diversion from or
bypass of facilities.
H 9

6. Removed Substances
Solids, sludges, filter backwash, or other pollutants
removed in the course of treatment or control of wastewaters
shall be disposed of in accordance with NCGS 143-215.1 and
in a manner such as to prevent any pollutant from such
materials from entering waters of the State or navigable
waters of the United States.
7. Power Failures
The permittee is responsible for maintaining adequate
safeguards 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.
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.
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of
Environmental Management, the Regional Administrator, and/or
their authorized representatives, upon the presentations of
credentials:
a. To enter upon the permittee's premises where an
effluent source is 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.
H 10

2. Transfer of Ownership or Control
This permit is not transferable. In the event of any
change in control or ownership of facilities from which the
authorized discharge emanates or is contemplated, the
permittee shall notify the prospective owner or controller
by letter of the existence of this permit and of the need to
obtain a permit in the name of the prospective owner. A copy
of the letter shall be forwarded to the Division of
Environmental Management.
Availability of Reports
Except for data determined to be confidential under NCGS
143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC
1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of
the Division of Environmental Management. As required by the
Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b) (2) or in Section 309 of the
Federal Act.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS
143-215. i (b) (2) and NCGS 143-215. 1 (e) respectively, this
permit may be modified, suspended, or revoked in whole or in
part during its term for cause including, but not limited
to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure
to disclose fully all relevant facts; or
c. A change in any condition that requires either a
temporary or permanent reduction or elimination of the
authorized discharge.
H 11

Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent
standard or prohibition (including any schedule of
compliance specified in such effluent standard or
prohibition) is established under Section 307(a) of the Act
for a toxic pollutant which is present in the discharge, if
such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit
shall be revised or modified in accordance with the toxic
effluent standard prohibition and the permittee so notified.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part
II, A-5) and "Power Failures" (Part II, A-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.
7. oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject to under NCGS
143-215.75 et seq. or Section 311 of the Federal Act, 33 USC
1321. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily
suspended.
8. Property Rights
The issuance of this permit does not convey any property
rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private
vroperty or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
H 12

9. Severability
The provisions of this permit
provision of this permit to
invalid, the application of
circumstances, and the remainder
affected thereby.
10. Expiration of Permit.
are severable, and if any
any circumstance is held
such provision to other
of this permit shall not be
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.
H 13

PART III OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this
facility, whether for construction or operation or discharge,
are hereby revoked by issuance of this permit. The conditions,
requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construction of wastewater treatment facilities or additions
thereto shall be begun until Final Plans and Specifications have
been submitted to the Division of Environmental Management and
written approval and Authorization to Construct has been issued.
C. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the
permittee shall employ a certified wastewater treatment plant
operator in responsible charge 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.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of
the Division of Environmental Management, conduct groundwater
monitoring as may be required to determine the compliance of
this NPDES permitted facility with the current groundwater
standards.
E. Limitations Reopener
This permit shall be modified or alternatively, revoked and.
reissued, to comply with any applicable effluent guideline or
water quality standard issued or approved under Sections
302 (b) (2) (c) , and (d) , 304 (b) (2) , and 307 (a) (2) of the Clean
Water Act, if the effluent guideline or water quality standard
so issued or approved:
1) contains different conditions or is otherwise more
stringent than any effluent limitation in the permit; or
2) controls any pollutant not limited in the permit.
H 14

Texi e i t'Y Re Pe tt
This permit shall b+ modified, ot kd eu. reissued: to
incorporate toxicity ations limitationsand oui o ing teguiremenrequirementsin the
event toxicity es tin o other studies conducted on the effluent o
receivingstream eam d.icat that d t i. ental effects may be ex expected
in the receivreceivingstxeam a a result of this d ecod e,,

Design. Capacity
Receiving Stream:
Reference DSOS Qu
HPOES WASTE LOAD ALi.00ATION
al (%of Flow):/',
Class: l
(Please attach) Requestor:
Sub -Basin:
is (% of Flow):
Regional Office
Guideline 11m1tatlons, if applicable, are to be listed on the back of this form.)
Design Temp
7Q10 (cfs) /3
Drainage Area
Winter 7Q10 (cfs)
location of D.O. minimum (miles below outfall) :
Velocity (fps): 5, q,
Kl (base e, per day)
Avg. Strearnflr tc
30Q2 (cfs)
Slope (fpm) *�
(base e, per day) :
` Effluent
arig
Revd
Cbnfj tion
BY
Monthly
Average
nts :
nts
Effluent
Characteristics
Reviewed By
n.ont;ly
1:vere
nts

"
Facility Name
Type of Waste
Status
Receiving Stream
Stream Class
Subbasin
County
Regional Office
Rmequestor
Date of Request
Quad
WASTELOAD ALLOCATION APPROVAL FORM
: DUTCHMAN ESTATES
: DOMESTIC
: PROPOSED
� DUTCHMAN CREEK
:C
� 030833
� GASTON
: mnu
� MACK WIGB%NS
: 6/10/B6
: F14SE
Drainage Area (sq mi
7Q10 (cfs)
Winter 7Q10 (cfs)
3002 (cfs)
Average Flow (cfs)
--------------- RECOMMENDED EFFLUENT LIMITS
m
Waetef2ow Cmgd) : 0.045
5-Day B0D (mg/1) : 30
Ammonia Nitrogen (mg/1) :
Dissolved Oxygen (mg/1) :
TSS (mg/1) : 30
Fecal Coliform (#/100ml):
pH /SU)
�
COMMENTS
Reviewed by:
Recommended by
Tech. Support Supervisor
Regional Bupervis
Permits & Engineering_
Date
Date
Date
Date
Request No. : 2108