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NC0029238_Regional Office Historical File Pre 2018
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director October 6, 2000 HAROLD D. BEAVER IREDELL-SVILLE SCH-W. IRE MIDDLE P.O. BOX 911 STATESVILLE NC 28677 E N R NA„:„. DEPT or At, R ONM E Nrr.„H E • IV/Vr g;i1 OCT Subject: Rescission of NPDES Permit Permit No, NC0029238 IREDELL-S'VILLE SCH-W. IRE MIDDLE Iredell County Dear HAROLD BEAVER: MW Runix.4.1. Ono Reference is made to your request for rescission of the subject NPDES Permit, Staff of the Mooresville Regional Office have confirmed that this Permit is no longer required. Therefore, in accordance with your request, NPDES Permit No, NC0029238 is rescinded, effective immediately. If in the future you wish to again discharge wastewater to the States surface waters, you must first apply for and receive a new NPDES Permit, Operating a facility without a valid NPDES Permit will subject the responsible party to a civil penalty of up to $10,000 per day. if it would be helpful to discuss this matter further, I would suggest that you contact the Water Quality staff, Mooresville Regional Office at (704) 663-1699. Sincerel Kerr T. Stevens cc: Iredell County Health Department Mooresville - Water Quality Regional Supervisor - w/atta,chments Point Source Branch - Dave Goodrich Operator Training and Certification Point Source Compliance - Robert Farmer - w/attachments Mr. Roosevelt Childress, EPA Central Files - w/attachments Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consurner paper Subject: Date: From: Organization: To: a ind. esville Re: I redell Co. Schools Fri, OS Sep 2000 11:02:29 -0400 Linda Love <LindaeLove@ncrogihnet> Please resin Thanks arid Linda r NC DENR - Moore Ei1Ie Regional Office Robert Farmer <robert.tarrtierO nLnail.net v rity h and n he Para done. Farbdr wroc— Lind L ,r %TITLE% ;th Carol qar; nc the n schools dr discharge sewage s m ration d below. n ar: rs rat. r;so zr 919 Fit Box 2. Re: V ede -Statesville Schools Race Street. Statesville NC 28677, Director tt of Environment a Water Quality h Carolit 276 6 0 Natural Resources der by Consent WQ No. 98-011 :11Middle School Pe:mit No, 0029923° 11 High School Permit No. 0037389 on 2(ei of the Specia Order of Consent (SO .). we are otice of compliance that lredell-Stateville School c°; the terns of the SOC. The connection to the municipal system of ?lr.c is complete and operational (see attached). The plants have been pun are no longer discharging into the receiving stream, ate requesting that the perry is for the operation of ti e lt,t t lryc, call me at (704) 924-2025 if you have questions. Post -It° Fix NatG cc: Linda Love, Mooresville .Regional Office B°K. Barringer, Barringer Associates David Fountain, Esq., Smith, Helms, Mulliss, & Moore C& lecn Sulleas, NCDENR State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 1. 2000 Mr. Harold D. Beaver iredell-Statesville Schools P, O. Box. 911 Statesville, North Carolina 28677 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Et Subject. NPDES Permit Modification NPDES Permit NC0029238 West Iredell Middle School Iredell. County Dear Mr. Beaver: The Division issued the subject per niit on January 25, 2000. A review of the new permit by the Division's Point Source Compliance .Enforcement. Unit noted two typographical errors in the permit. This permit modification also corrects those errors on the permit cover page (receiving stream name) and the Effluent Limitations and Monitoring Requirements page (flow limit), Please find enclosed the revised permit pages, The revised pages should be inserted into your permit. The old pages may then be discarded. All other terms and conditions contained in the original permit retain unchanged and in full effect, This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum. of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, me:asurernent frequencies or sampling requirements contained In this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh. North Carolina 27699-6714). Unless such demand is made. this decision sh.ail be final and binding. If you have any questions concer ing this permit modification, please contact Charles Weaver at 9) 733-5083, extension 511. ec; Central MI Mooresville Regional Office. Water trrality Secti Point Source Compliance Enforcement Unit NPDES Unit 1617 Maid Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733.5E083 FAX (919) 733-0719 An Equal Opportunity Aflirrnative Action Employer Vlsrr us ON THE INTERNE'T @ hitpa'h2e.enr.stale.nc_usINPDES Permit NC00292' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Iredell- Statesville Schools is hereby authorized to discharge wastewater .from a facility located at West Iredell Middle School 303 Watermelon Road Statesville Iredell County to receiving waters designated as an unnamed tributary to Back Creek in the Yadkin -Pee Dee. River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set .forth in Parts I, II, 111, and iv hereof. The permit shall become effective March 1, 2000. This permit and the authorization to discharge shall expire at midnight on July 31, 2004. Signed this day March 1, 2000. Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission A. Permit. NC 029238 . (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting. until expiration, the Permittee is authorized to discharge from autfall 001, Stich discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LM MONITORING EQUIREMENTS Monthy Daily Measurement Sample Type •e Maxkuut Frequency mpie Location Flow 001 MGD Weekly tnstantanous InfIuent or Effluent BOD, 5-day (20°C) 30,0 mgiL 45.0 mglL eekly Grab Rio Total Suspended Residue 30.0 mglL 45J0 NH3 as N (Apnl 1 - October 5.5 mg/L. gJL kly Grab Effluent Weekly Grab Effluent NH3 as N (November 1 - Marc, 31 Fecal Coliform (geometric mean) 5,1 Weekly Grab Effluent 200 ) 100 mi 400 / 100 mi Weekly Grab Effluent Total Residual Chlorine 2/Week Grab Effluent Temperature (2C) Total Nitrogen (NO2 i-NO3+TKN Total Phosphorus pH1 Daily Grab Effluent Quarterly Grab Effluent Quarterly Grab Effluent Weekly Grab Effluent Footnotes: . The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be m.onitored twice per month at the effluent by grab sarriple. There shall be no discharge of floating solids or visible foam in other than trace amounts. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr, Harold D. Beaver tredell-Statesville Schools Post Office Box 91 I. Statesville,. North Carolina 28677 Dear Mr. Beaver: January 25, 2000 NCDENR Eiger, sv. 111/ NATO P, Al. Ri,:$4...)tlit.C2A' NORTH CAROLINA DEPARTMENT OF FNVIRONMENT VATURAL RESOURCES E'"ReNmzNi, HEAL FEB 2000 I OF fili'i'thirrilt lOWOLIVUE PRIMAL 2$17114 Subject: Issuance of NPDES Permit NC0029238 West Iredell Middle School Iredell County This letter is to inform von that the Division has finalized its review and the comment period is now closed for NPDES permit NC0029238. A final copy of the permit is attached to this letter. This permit is issued pursuant. to the. requirements of the .North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1.983„ The faller:Ong list has been included to outline the changes that were addressed in the draft permit. These changes remain in the final permit. Quarterly monitoring for Total Nitrogen and Total Phosphorus has been included in the draft permit. The Division has included these monitoring requirements for all dischargers in the Yadkin Basin. The results of this additional monitoring will be used in the development of a nutrient management strategy for the Yadkin Basin. If any parts. measurement frequencies or sampling requirements contained in this permit are unaccepttible to you, you have the right to an adjudicator hearing upon \vritten request Within thirty (30) days Hallowing receiptof this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after 'notice to the Division. The Division may. require modification or revocation and reissua.nce of the permit. In addition. this permit does not affect the legal requirement to obtain other .permits which may he required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area kla.nagement. Act or any other Federal or Local governmental permit that may be required. If we can be of further assistance to you, please do not hesitate to contact Charles Weaver of my staff at (919) 733-5083, extension 51 .1. Sincerely, Original Signed By David_ Pt Goodrich Kerr T. Stevens cc: Central Files 1 tin Point Source Compliimee Erlforcemera Unit NPDES Unit Permit file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper it NC0029238 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER TI-IE NATIONAL POLLUTANT DISCHARGE ELIMINATION SY STEM In compliance with the. provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Conunission, and the Federal Water Pollution Control Act, as aanended, Iredell - Statesville Schools is hereby authorized to discharge wastewater from a facility located at West Iredell. Middle School 303 Watermelon Road Statesville Iredell County to receiving waters designated as an unnamed tributary to Third Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective March I, 2000. This permit and the authorization to discharge shall expire at midnight on July ;31, 2004. Signed this day January 25, 2000. Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Co ion PermitNC0029238 SUPPLEMENT TO PE ledcll Statesville. c at�1" [T COVER SHEEN' hereby acthot ` ed to: Continue to operate an existing 0.010 IVIGD wastewaterreatrneltt with the fcllc "igcc rent . screen Flow egrlali atidn l a in Aeration basin 1a ° ter Activated sludge holding tank This facility is located at West trell Midcle'ch sl, at;03 aterinela Road near Statesville in lredell Colin yts ern Discharge harge fron said treatment works at the location specified on the attached map into rx -razr eel trila star\ to Back k Creek, classified C water irr tl e Yadkin -Pee Dee River Basin, Latitude: Longitude: 80' 59' 08" USGS Quad #: D15SW, River Basin 4: 03-07-06 Receiving Stream: UT to Back Creek Stream Class: 35' #6' 47" C West iredell Middle School NCO1}29238 Iredell County During tl Iti 111. ed t(l r. NI) Ri1Q)Nl`1C)R1N(i REQt_11R1J l ~PNT NC0029 l 141stirl F Irltik' tl e Llisa llrtt e is ecrnrt eteel to tl C`it of Salisbury the Peru-wee rill number Ut) I . ltc'I� dis h rr� e.s c. EFFLUENT CHARACTERISTICS Flow BOD, 5 day, 20 C Total Suspended Solids NH, as N (April hl 1 to October 31) NHS as N (November 1 to March 31) Fecal Co6iforrra (geometric mean Totat Residual Chlorine Temperature Total w Nitr©genk NO -r- TKN Total Phosphorus PH' Notes: Sari le local . 1 There shall be no disc. Monthly Average 0.027 MGD 30.0 m �. 30.0 r �cll 5.5 mg/I 5.1 200 i 100 mI LIMITS Weekly Daily Average Maximum 4'") 45.0r nd Lrll llr lids tyr 400 '' 100 m MONITORING REQUIREMENTS Measurement Frequency Weekly ekly eekly eekly Weekly eekly Week Daily Quarterly Quarterly Weekly Sample Type Instantaneous Grab Grab Grab Grab Grab Grab Grab Sample Location' IorE PART I Section 13, Schedule of CornpliancC 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. 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 schedule requirements. Part I1 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEF'INITONS 1. Permit Issuing Authority The Director of the Division of Water' Quality. 2. PEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources, EMC 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 UC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as '''Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part l of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average'under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration,'" other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration' for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. g• Part 11 Page 3 of 14 Other Measurements a. Flow, (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 "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples 'less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (I). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows; Part II Page 4 of 14 10. nd av Aconsecutive of d that ofreasonah represents dayis defined. as the period from midnight of one day until midnight °f the next H calendarwpermit, any conse However, for purposes of this Pe the calendar day may be used for sampling. rd A hazardous subs tance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Po11 ant nt is an pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. A toxic polluta Y N NERAI 0 D ermit noncompliance permittee must comply with all conditions of this permit. Any P on; terminates a violation of the Clean Water Act and is grounds denfor ea fo permit renewal application. permit termination, revocation and reissuance, or modification;ds rohibitions established under section a. The permittee shall comply 'with effluent stands or P r Clean Water Act within the time provided) i c disposal of the Clean Water Act for toxic pollutants and with standards for sewage sludge use° disposal established under section 4sta(d) of the been modified to ingate tfeorrsewage s the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yetit condition is subject to a nt. n who violates a p condition who subjnegliect to a b. The Clean ty not Act exceed $25,000es that any for each violation. Any personper dayof civil penalty not to perday to $25,000 person pof violates any permit condition is subject more than 11 year, orltboth. f Any pe n who per day of violation, er tit conditions on imprisonment forsnotperson who a $5,000 to $ , violates permit sir not morectha 3lyearss,, or penalties of Also, any p oper violates a perms c or imprisonment sfan administrative penalty not to exceed$10,000 n permit condition may be assessed with the maximum amount 122.41 (�,)]© exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 C Qpfl) per violation who violates or fails to act in accordance with h-21e. terns, c. Under state law, a civil penalty of nnot more than ten thousand dollars ($10,000) the may be assessed, ore against any verso conditions, or requirements of a permit. [Ref: North Carolina General Statutes violating d. Any person may be assessed an administrative penalty by the Amc Administrator foror limitation section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit not to exceednd section per violation, withc any of such sections in a permit issued under section 402 of the Act, implementing dmisPenaltiesviolation, for Class Administrative penalties for Class 1 violations are 0000 per day for each day during which the violation the maximum amount of any Class $} penaltyassessednot to exceed $25, 125. 1T violations are not to exceed continues, with the maximum amount of any Class 11 penalty not to exceed Part II Page 5 of 14 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 which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 11, C-4) and ''Power Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,. liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential 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. 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. 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. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a 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 to be kept by this permit. 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.. Part 11 Page 6 of 14 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. 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 enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows:. (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 rnillion (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) 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 fie➢d, 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. c. Certification. Any person signing a document under paragraphs a. or b, of this section shall make the following certification:. "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." Part II Page 7 of 14 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. 9�Sodificati .nR v ti n an R i u n r T rmina n 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 l5A of the North. Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. IThc exclusive authority to operate this facility arises under this permit, The authority to operate the facility under previously issued permits bearing this number is no longer effective. 1 The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. N! C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, 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 by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class 11, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment. facilities are 50% complete. Proper Operation and Maintenan 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 f n It shall not be a defense for a pei nittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain cornpliance with the condition of this permit. 4. B Treflfl a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production- b. Bypass not exceeding limitations. The perrnittee may allow any bypass to occur which- does not cause effluent limitations to he exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (I) Anticipated bypass. If the perrnittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The perrnittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (I) Bypass is prohibited and the Permit Issuing Authority may 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 perrnittee submitted notices as required under Paragraph c. of this section. (2) The Permit issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 Upsets a, Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A 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) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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.i 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. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. 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 DEM Regulation, Title 15A, North. Carolina. Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITOR G AND RECORDS L Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 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 Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures 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 Pan 11 Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, 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. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. S. inspection and Entry The permittee shall allow the Director, or an authorized representattve (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this 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 tunes any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 ECTIQN 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. Notice is required only when: a= The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature r increase the quantity° cif pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit. nor to notification requirements under 4O CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the perrnittee's sludge use or disposal practices, and such alternation, 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. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ➢1. D. 2 of this permit) 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 the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit, Part f f Page 13 of f4 6. Twenty --four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the 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. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit, (3) Vio'lation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 2. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part I. 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. Qther 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. 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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Put Ii Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written re 5 days following first knowledge of the occurrence. 10, wailer of_ Ftt, i r a)(2) or 8 of the Except for data determined to be confidential �nder NCGS accordance with the shallcbe avaa able for Federal Act, 33 USC 1318, all reports prepared i lity, As public Inspection at the offices of the Utvisi Knowingly n� of Wateri �'��ng any faselstateQnent onAct, any such data shall not be considered confidential. g report in Section 309 of the Federal Act. 11. 1' raalti for lsifi tin f R The Clean Water Act provides that any person who d©©u ngly t makes any orfalse ato statement, e representation, or certification in any record or other iance or maintained under this permit,snelbding fished by a fine o©not more than $10,000 permonitorinreprts or reports of lvolation, noncompliance shall, upon conviction, F or by imprisonment for not more than two years per violation, or by both. er form within PART Ill OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. hanees in_Iischareesof_'T The permittee shall notify the Per ssuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate A natJves to Wastewater Discharges. The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. The perm within 30 ely ma iron try Lon t r g fee pay the fee in may cause this trust pay the n days �r er in accordance 1 action to revoke �and compli by the Division. Fail A NCAC 2F1 .01050:0(4) 'pe