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NC0085392_Complete File - Historical_20171231
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 June 15, 20(X) MARK D. LOONEY CAROLINAS BROW DEVELOPMENT P.O. BOX 2452 CORNELIUS NC 28031 D E N R Subject: Rescission of NPDES Perrnit Permit No. NC()085391. CAROLINAS BROWNFIELD DEVELOPMENT Mecklenburg County Dear MARK LOONEY: Reference is made to your request for rescission of the subject NPDES Permit. Staff of the. Division of Waste Management have confirmed that this Permit is no longer required. Therefore, in accordance with your request, NPDES Permit No. NC0085391. is rescinded, effective immediately. If in the future you wish to again discharge wastewater to the State's 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 nnatter further, I would suggest that you contact the Water Quality staff,: Mooresville Regional Office at (704) 663-1699. Sincerely, . Kerr T. Stevens cc: Mecklenburg County Health Department Mooresville - Water Quality Regional Supervisor - wiattachments Point Source Branch - Dave Goodrich Operator Training and. Certification Point Source Compliance - Robert Farmer - wlattachments Mr. Roosevelt Childress, EPA Central Files - wlattachments Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 9 � -ed/ t 5083 FAX 91 - 33-9919 An Equal Opportunity Affirmative Action Employer 000-3030 South Boulevard, Charlotte, NC Subject: NPDES at 3000-3030 South Boulevard, Charlotte, NC Date: Thu, 01 Jun 2000 14:18:23 -0400 From: "Tonyfluque." <Tony.Duque@ncrnaiLnet> To: robert@ncrnailnet, farmer@nemail.net CC: "Bruce. @ DWM" <bruce.nicholson@ncmailnet>, robert.farmer@ncmail.net Dear Mr. Farmer: This correspondence will address your inquiry regarding the request you received from Mr. Mark Looney, Carolina Brownfield Development Group (CBDG), to rescind the NPDES permit issued in conjunction with pump E. treat operations that took place at 3000-3030 South Boulevard, Charlotte, Mecklenburg County, North Carolina. Be advised that this property is the subject of a Brownfields Agreement between DENR and CBDG, as Prospective Developer, under the Brownfields Property Reuse Act of 1997. The terms of the Brownfields Agreement, which will likely be executed in July 2000, require CBDG to properly abandon all monitoring, injection, and recovery wells or other means of accessing groundwater at the property. In addition, land use restrictions included in the agreement prohibit accessing or using groundwater at the site for any purpose. These requirements and stipulations will functionally remove the ability for anyone to operate under the subject NPDES permit, and it is not expected that any operations requiring such a permit will take place in the forseeable future. For these reasons, my recommendation is to grant Mr. Looney his request and rescind the permit. If you have questions or require additional information in this regard, please feel free to contact me at 733-2801 ext.287 or vis e-mail at tony.duque@ncmail.net. Tony Duque Brownfields Project Manager Superfund Section, DWM 1 of 1 6/1/00 3:41 CBDG, LLC Carolinas Brownfield Development Group, LLC A division of t e SESCO Group P.0, Box 2452 Cornelius, NC 28031 May 23, '2000 Mr. Robert Palmer NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE. CBDG, LLC 3000-3030 South Boulevard, Cha NPDES Permit # NC0085391 Dear Mr. Palmer: ecklenburg Count (704) 987-'855 896-8889 FAX net'z iuno.com iers,com As evidenced in our latest filing o 'the DEM File MR1 Report, the Carolina's Brownfield Development Group, LLC decommissioned all existing remedial equipment from the 3000 -- 3030 South Boulevard Site (associated with Permit Number NC0085391), Charlotte Mecklenburg County in February 2000. As noted in DEM MR 1 Reports,. between July 1999 and March 2000, all remedial equipment was powered down (effective July 1999) and no further discharges were treated or released from the site since that date. Pursuant to N,C.G,S. § 130A-31034, CBDG has filed with the NCD.ENR a Notice of Intent to Redevelop a Brownfields Property at 3000 — 3030 South Boulevard, Charlotte, Mecklenburg County. As stated in the Surnm..ary of Notice of Intent to Redevelop a Brownfields Property. (North Carolina Register, May 1, 2000), "Environmental contamination exists on the Property in soil and groundwater. In light of previous investigation and re -mediation activities conducted on the Property by CBDG and others, land use restrictions embodied in the proposedNotice of Brownfields Property referenced below are sufficient to protect public health and the environment:" Documentation of such notice is included as Attachment A, This document should serve as notice of the r Thank you for your assistance. Sincerely, CBG, LLC k D. Looney is on of NPDES Permit Number NC005391. NPDES FACILITY AND PERMIT DATA /C19/9 'E OPTION TRXID 5'NU KEY NC0085391. ONAL DATA FACILITY APPLYING FOR PERMIT REGION CILITY NAME> CAROLINAS BROWNFIELD DEVEL *** COUNTY> MECKLENBURG 03 DRESS: MAILING (REQUIRED) LOCATION (REQUIRED) STREET: P.O.. BOX 2452 STREET: 3000 SOUTH BOULEVARD CITY: CORNELIUS ST NC ZIP 28031 CITY: CHARLOTTE ST NC ZIP 28209 TELEPHONE 704 987 8555 DATE FEE PAID: 11/30/95 AMOUNT: 400.00 STATE CONTACT> MCINTIRE PERSON IN CHARGE MARK D. LOONEY 1=PROPOSED,2=EXIS'T,3=CLOSED 2 1=MAJOR,2--MINOR 2 1=MUN,2=NON-MUN 2 LAT: 3511540 LONG: 08052100 N=NEW,M=MODIFICATION,R=REISSUE> M DATE APP RCVD 12/04/95 WASTELOAD REQS / / DATE STAFF REP REQS 12/05/95 WASTELOAD RCVD / / DATE STAFF REP RCVD 12/29/95 SCH TO ISSUE 03/04/96 DATE TO P NOTICE 01/17/96 DATE DRAFT PREPARED 01/05/96 DATE OT AG COM REQS / / DATE DENIED / / DATE OT AG COM RCVD / / DATE RETURNED / / DATE TO EPA / / DATE ISSUED 03/04/96 ASSIGN/CHANGE PERMIT DATE FROM EPA / / EXPIRATION DATE 03/31/01. FEE CODE ( 4 ) 1=(>10MGD),2=(>1MGD),3=(>0.1MGD),4=(<0.1MGD),5=SF,6=(G,P25,64,79), 7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 66 CONBILL ( ) COMMENTS: GW # 5015/PERMI'T RESCISSION REQ 5/23/2000-RF/TONY DUQUE-WASTEMGMT MESSAGE: **'* ENTER DATA FOR UPDATE *** 06 09:57:28 State of North Carolina Department of Environment and Natural Resources Division of Water Quality juries B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 22,1999 Mr, Mark D. Looney Carolinas Brownfield Development Group, LLC P.Q. Box 2,452 Cornelius, North Carolina 28031 Dear Mr, Looney: SEP 28 1999 Subject: NPDES Permit Modification Permit Number NC0085391 Terrell Properties, Inc. Mecklenburg County County The Division issued NPDES permit NC0085391 to the Terrell Properties, Inc, on March 4,, 1996. The Division has reviewed your request for permit modification at the subject facility. Specifically, you requested that the continuous flow monitoring be changed to weekly instantaneous flow measurement to bette\r reflect the cyclic nature of the flow field. In accordance with your permit modificatiA request, the Division is forwarding herewith a modification to the subject permit. The measurement frequency has been changed from continuous to weekly. This modification will require weekly flow measurement and calculation of the average flow rates reported on the .monthly discharge monitoring reports. Enclosed please find the modified effluent limitations page. This page should be inserted into your permit and the old one discarded. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. Please take notice that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local government permit that may be required. 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/ 1 0% POST -CONSUMER PAPER any parts measurement frequencies or sainpling requirements containedin this permit modification are unacceptable to you, you have the right to an adjudicatory hearin upon written request within thirty 3 days following receipt of this letter. This request must be a wTitten petition conforming to chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative 1"learings, Post Office Drawer 27447, Raleigh, North Carolina 7 11-744' . Unless such demand is made, this decision shall be final and binding, f you have any questions concern' g this per. it, please contact Mr, Michael lyers lephone number (919) 33-5 3, extension 508, Sincerely cc: NPDES Permit File r.Richard 13ridgeman _ Mooresville Regional Office Mr, George E. Brant, RE, Dames 8,J, Moore NC Point Source CompliancefEnforcement Unit Fru Permit NC0085391 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of the permit and lasting until expiration„ the, Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS ,10.0•11110101060......moomie Flow -Dichloroethne ,2-Dichloroethane LIMITS MONITORING RV:1MM Sampte Type.SartOe‘etatterv,,,',„, Monthty Daily Average . _01,414 1VIGD Effluent Effluen 1,1- ich oroethene Tetrachloroethene Trichloroethene 1, ,17Trichloroethane Chlorotorm Chronic Toxici onthIy Monthl Mcnthly Monthl Monthy Monthl Monthl Quarterly Monthly Grab Grab Grab Grab Grab Grab Grab Grab Effluont Effluent Effluen Effluent E uent Effiuent Effluent Footnotes: 1, Chronic Toxicity (Ceriociaphnia) P/F at 90%: January, April, July & October (see Part I. A. (2.)). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab sample There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0085391 A. (2.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) The effluent discharge shall at no tune exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia (labia at an effluent concentration of 900/0 The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriociciphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-Febniaty 1998) or subsequent versions. The tests will be performed during the months of January, April, July & October* Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phasell Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998).or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment„" collection methods, exposure regimes, and further statistical methods are specified. in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in 'which tests were performed, using the parameter code TGP3B for the pass/fail results and 'THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental. Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe :number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate .monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate 'follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director July 23, 1999 Mr. Mark D. Looney Carolinas Brownfield Developrnent Group, LLC P.O. Box 2452 Cornelius, North Carolina 28031 A119191r4VIA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification - Ownership Change Permit NC0085391 Mecklenburg County Dear Mr. Looney: In accordance with your request received July 15, 1999, the Division is forwarding the subject permit modification. This modification documents the change in ownership at the subject. facility. The toxicity testing procedures in section 1. A. (2.) have been updated from the outdated version in the original permit. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215. ➢. and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. Due to a change in fees for Water Quality permits effective January 1, 1999, the $100.00 fee you submitted (via check # 3789) is being returned. No fee is required for this modification. if any parts, measurement frequencies or sampling requirements contained in this persnit 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 15013 of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit. please contact Charles Weaver at the telephone number or address listed below. cc: Central Files Mooresville Regi NPDES Unit. Point Source Compliance Enforcement Unit Aquatic Toxicology Unit al Office, Water Quality Sec 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_ Weaver@h2o,enr.state,nc,us Permit NC0685391' 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, Carolinas Brownfield Development Group, LLC is hereby authorized to discharge wastewater from a facility located at the former Terrell Properties site 3000 South Boulevard Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Little Hope Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, IL III and W hereof. This permit shall become effective July 23, 1999. This permit and authorization to discharge shall expire at midnight on March 31, 2001. Signed this day July 23, 1999 T. Stevens, Dire Division of Water Quality By Authority of the Environmental Management Commission Permit NC0085391 SUPPLEME TO PE IT COVER SHE na B ownfield Development Group, LLB, is hereby authorized Continue to operat e.s .: g 0.0l44 Includes the following pnnt Three recoveryl l Influent holding t. Transfer l l Six -tray . ' stripper facility is located at he er Terrell Properti Boulevard (Charlotte)' ecl nburg County. 5 2. Discharge from id tr atment d tribut. vrBasin p` 1 Catawba pork to L 000 South at the location specified on the attached tie Hope Creek, classified C watersin the 52'15' ur Little Hope Cn k s NC008 5 3 91 Carolinas Brownfield Development Group North SCALE 1:24000 Permit NC0085391. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of the pei init and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Dichloroeth y Grab Efflun ,l chloroethan on y Grab Effluen Dichloroethene Tetrachloroethene Trichlor0 -Trichloroetha on 0 Grab Grab Eiftii Effluen pthly Grab nrniy Effluen Grab Effluen Chloroform Chronic Toxiol nthl Grab Effluent Quarterly Grab Effluent pH2 ntt►ly Gr Elflu Footnotes: 1. Chronic Toxicity (Ceriodaphnta) P/F at 90%: January, April, July & October (see Part 1. A. (22.)), 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab sample There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Cerio daphnia duhia at an effluent concentration of 90%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Certodaphrita Chronic Effluent Bioassay Procedure," Revised. February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January. April, July & October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure perforred as the first test of any single quarter results in a failure or ChV below the perrnit limit, then multiple -concentration testing shall be perfo.i rued at a minimum, in each of the two following months as described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impair went of reproduction or survival. The definition of "detectable impairment," collection methods„ exposure regimes, and further statistical methods are specified in the "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised- February 1998).or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Perrot NC0085391 Attention: North Carolina Division of Water gr.rality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test. Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate,include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (All test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of No Flow" in the comment area of the form.. The report shall be submitted to the Environmental Sciences Branch at the address cited above, Should the pet rrrittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water guality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 4, 1996 Mr. E.A. Terrell, Jr. Terrell Properties, Inc. 1515 Mockingbird Lane, Suite 225 Charlotte, North Carolina 28209 Subject: NPDES Permit Issuance Permit No. NC0085391 Terrell Properties. Inc. Mecklenburg County Dear Mr, Terre]. In accordance with the application for a discharge permit, the Division is forwarding herewith the subject 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. Please note that this NPDES Permit does not grant authorization to construct the facility for which this permit applies.. In order to construct the said treatment facility, an Authorization to Construct (ATC) will be drafted and forwarded to you. Under no circumstances should construction of this facility begin prior to receipt of an ATC. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days foi.lowing receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 2761.1-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit i not transferable, Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by. the Division of Environmental Management. or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. P.0, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-535?3 FAX 919-733-0719 An Equal opportunity Affirmative Acton Employer 50% recycled/ 10% post -consumer paper if you have any questions concerning this pe `t, please contact Mr. Mark laic fire at telephone number (919)7,33-5083, extension 553. Sincerely, Or al Signed By Goodrich A. Preston Howard, ,ir,, P.E. Central Files Mecklenburg County Environmental Protection Division Mooresville Regional Office, Water Quality Section Mr. Roosevelt Childress,'EP Permits & Engineering Unit Terrell Properties / Mr, Ken Nagel Aquatic Survey and Toxicology Unit Facility Assessment Group Permit No. NC0085391. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Terrell Properties, Inc. is hereby authorized to discharge wastewater from a facility located at Terrell Properties, Inc. On South Blvd. f 1-277 East Charlotte Mecklenburg County to receiving waters designated as an unnamed tiributary to Little Hope Creek in the Catawba River Basin in accordance with e I}, III and. IV hereof, ations, monitoring r c uireme:nts, and other conditions set forth in Parts I, The permit shall become effective April 1, 1996 This permit and the authorization to discharge shall expire at midnight on March 31, 2001 Signed this day March 4., 1996. tic} By rid A„ God ch A. Preston Howard, .Ir,,, P,E., Director Division of Environmental Management By Authority of the Environmental Management Commission hereby authorized t: Permit 1. N001 SUPPLE T TO PE T COVER Sf Terrell Properties, Inc. 1, After receiving Authorization to Construct from the Division of Environmental Mana ement, construct and operate a 14,409 O D treatment facility consisting ofth ,rt recovery wells, an influent holding tank, a transfer pump and a ix -tray air stripper located at Terrell Pr it Inc., 3000 South Boulevard, Charlotte„ NC 28209, Mecklenburg .lenburg County (See Part III of this Permit), and Discharge from said treatment works at the location specified on the attached map into an unnamed titbit to Little Hope Creek which is classified Class C waters in the Catawba River Basin. ROAD CLASSIFICATION PUMA UG✓-,Dlf'TY ROAD, HARD ro HARD SUR... ,..1.1111111MOMME IMPROVED SURFACE .... SECONDARY NWY HARD SURF ACE ... UNIMPROVED Terrell Properties, Inc. ;\C0085391. eck_lenburg County Gr u d vater Rernediati.on AD LOCATION CONTOUR INTERVAL 5 FEET CHARLOTTE EAST QUADRANGLE NCFTH C.AROLINA-MECKLINBURO CO 7.5 MINUTE SERIES (TCP'3CPAPHIC) ent EN1 1l "tITAT ), ANI) l 11 hve (la Char n+a tlicMorn r Plrtara 1,1I-lei Tr tr ac4 lorrne, 1 rmchloror ih 1 Trrclryr lrs n Tnhr on it (('erioilapllni. l 111 t?i+ N°T FINAL expiration rcorn Dis h: C. n /fit yi .Avg, Daily Max an 6.0 stallt Iloati lrl rei ns Units_ Ispect y n. Avg, Pnity an 9.0standard than trace Jill 1t No. NC008 'charge rroni : IUt nits rquire nt eurment PLO Frequency TYPIe Contintrorts Recording Monthly Grab Monthly Grab Monthly Grab fttonthaly____ Grab Monthly Grab Monthly Monthly Grab Quarterly Grab proved+ c hip Ilan perrl) ored monthly rat the ei' Matti by E 1 to change i a cl r ralcl coon B. Schedule_of_ e perrnittee shall comply with Fina' acco. * ce with the following schedule: Pe s t 2. per shall cornpl> e shall at rig facilities at opta IThal s provide m efficient: PART I e operation and i its specified for 'scharges n enance nec No later th 1 ndar °s o lomg a date ident he above schedule of compii; c the peninittee shall submit either a report of progress or,, in the case of specific actions being required b> identified dates, a written notice of compliance or noncompliance. In the latee case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements,, Pan II Page 1 of l4 PART II STANDARD CONDITIONS FOR NPDES PERN TS SECTION A. DEFINITIONS 1. ?emit I5.5uing Ali'hority The Director of the Division of Environmental Management. 2. DEM arpivision Means the Division of Environmental Management, Department of Environment, Health and. Natural Resources. 3. EMC Used herein means the North Carolina Enn rental Management Commission. 4. Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act., as amended, 33 USC 1251, et. seq. 5. Mass'Day Measurement 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 I of the permit. c. The "maximum daily discharge"" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges 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 2of14 f.. Concentration Measure. 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 sarnple 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 Pan 1 of the permit, . 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 arnount 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 quaver. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. 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. Part II Page 3 of 14 Me as 1,117T1e a. Flow, (MGD): The flow limit expressed in this permit i 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. S, 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 r ceiving 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 analog 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), Part II Page 4 of 14 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. 10. Calendar Day A calendar day is 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, I L Bazardus $ubstance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant o Section 311 of the Clean Water Act, 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(0(1) of the Clean Water Act. SECTION B. WRA1ONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any perrnit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates perrnit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A) d. Any person may be assessed an administrative penalty by the Administrator tor violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $25,000, Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permitter 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 arya+ riminal liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and fiazard. .Substance Liabi�jty' Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215,75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 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. 8. Doty to Provide Inform'tiorl The petmittee shall fun;ish to the Permit Issuing Authority, within a reasonable time, any information which the Pmrit Issuing Authority may request to determine whether cause exists for modifying, revoking aii,1 reissuing, cr terminating this permit or to determine compliance with this permit. The ;)enrittee shall also furnish to the Permit Issuing Authority upon. request, copies of records required to be kept by this permit. Part 1I Page 6 of 14 9. Duty to Reap If the permittee wishes to continue an acdv ity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit, 1 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 perrnittee 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 perrnittee 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. $ignatoryP Requireinen, All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 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." ermit 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. 13. Perin i t ?� The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al, 14. Previous P�rmjts 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. [The 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, ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Ts, OLS 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 ;ertification 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 co ions of Title I5A, Chapter 8A .0202. The ORC of the facility must Visit each Class I facility at least weekly and each Class II, 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 perrnittee 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. Part II Page 8 of 14 2, Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the 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. Need xi tlyt or geduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing. of Treatment Facjjine5 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. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c, and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee 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 perrnittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property darnage; (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 Part II Page 9 of 14 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 perm nee 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. 5. Upset 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 requ.irernents 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 11, E. 6. (b) (B) permit, (4) The permitt permit d. Burden of proo In any enforcement proceeding has the burden of proof. 6. ,Removed Substances complied with any remedial measures required under P his ID,B.2.ofthis g to establish the occurrence of an upset Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States, The permittee shall comply with all existing federal Part Ii Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Petulit 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. SECTION D.MONIT©RING AND RECORDS 1. Repteentativc 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 months) 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 otherreports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurement 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 4- 10% from the true discharge rates throughout the range of expected. discharge volumes. Once -through condenser cooling water logs, or pump hour meters as specified in Part 1 of this perm purnp curves shall not be subject to this requirement. 4. Test Procedures Part II Page 11 of 14 ow which is monitored by pump and based on the manufacturer's 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 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 inf u-rnation required by this perrtiit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records 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 permit -tee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individuals) 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. Part II Page 12 of 14 8. Itisi 'c on and .l?try The permit -tee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the perrnittee°s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b, Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location, SECTION E. REPORTING REOUij EMENT 1. Change in.Qjsch.arge 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 or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Pan 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee'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. ,A,rtdciliated 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. Part Il Page 13 of 14 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, 5. 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 Pan II. 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 perrnit 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. 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 perrnittee 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) Violation 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 h. above of this condition if the oral report has been received within 24 hours. 7. Other tioncomplig= The perminee shall report i ir-;iances of noncompliance not reponed under Part II, E... 5 and 6, of this permit at the time r-notoring, reports are submitted, Th reports shall contain the .information listed in Part IL E. 6,, of this permit. Part 11 Page 14 of 14 der.Tnfornation Where the perrnittee 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 Noti5catioa. 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 treatrent 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, Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division 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 two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construc No construction of wastewater treatment facilities or additions to add to the planes 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 Environmental Management 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 Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges pfToxic Substance The permittee shall notify the Permit Issuing Authority as soon as it llnows 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/I) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Beouiretrtent The permittee shall continually evaluate alit 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 Divisor, evaluating these alternatives and a plan of action within sixty (60) days of notification by J1:.. Division, E. CHRONIC TOXICITY PASS/FAIL PERMIT LLMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised ''September 1989) or subsequent versions, The effluent concentration at which there may be no observable inhibition ofreproduction or significant mortality is 90ge' (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of January, April, July, and October, Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh. N.C. 27607 Test data shall he complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data, Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream, Should any single qua.nerly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above, Should any test data from this monitoring requirement or tests performed by the North Carolina Division of EnvironmentalMan.agement indicate potential impacts to the receiving stream, this permit may: be re -opened and modified to include alternate monitoring requirements or limits, NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and al:Tropriate environmental controls, shall constitute an invalid test and will require immediate retestinc,(within 30 days of initial monitoring. event). Failure to submit suitable test results \kill constitute noncompliance v, ith monitoring requirements. PART TV ANNUAL ?AIN'S RING ANI) COMPLIANCT MON RING NTS A. The pe ittee rriust pay the ttrinual trrig and corrip.liance niorittoririg fee vi30 (thirty) clays after berg billed by the 'DivisionFallure to pay the fee in a elf rn er ace° • ce with 15A NCAC 214 .0105(b)(4) mad cause this Division it) inidate actiort to trevrake the permit. 300 Copies of this Public document were printed at a cost sf $83.13 or $.28 each.