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NC0083461_Regional Office Historical File Pre 2018
Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D Acting Director Division of Water Quality NOV 1 5 2001 Mr. Howard L. Clein Ace Chemical Corporation P. O. Box 7031 Charlote, NC 28421 Subject: Rescission of NPDES Permit. Permit Number NC0083461 Ace Chemical Corporation Mecklenburg County Dear Mr. Clein: NC: CE.I'P T. Or 04"OP.OPAICa PESOURCV) NOV 2 1 2001 'Reference is made to your October 30, 2001 request for rescission of the subject NPDES Perrnit and other communication you have made with this office regarding this matter. In your letter, you stated that your company is no longer in business and that groundwater remediation with surface water discharge is no longer occurring at the site, Staff of the Mooresville Regional Office have confirmed that this permit is no longer required. Therefore, in accordance with your request., NPDES Permit NC0083461 is rescinded, effective immediately. Please he advised that this action deals specifically with rescission of the permit that regulates treatment of wastewater and th.e discharge of treated wastewater into surface waters. It in no way absolves your company of its responsibility to remediale groundwater contamination associated with the subject. facility or to comply with applicable environmental law. 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 $25,000 per day. It you have questions about this matter, please contact Bob Sledge at (919) 733-5083, extension 547 or the Water Quality staff in our Mooresville Regional Office at (7(4) 663-1699. Sincerely, Gregory J. Thorpe, Ph.D. cc: Mecklenburg County Health Departmen, Mooresville Regional Office - WQ Section wiattachments MRO - Groundwater Section NPDES Unit Division of Waste Management Operator Training and Certification Point Source Compliance - Bob Sledge - w/attachments Mr. Roosevelt Childress, EPA Central Files - wtattachments Fran McPherson, DWQ Budget Office Customer Service 1 800 623-7748 Division of Water Quality (919) 733-7015 1617 Mail Service Center Raleigh, NC 27699-1617 October 30, 2001 Ace Chemical Corporation P.O. Box 7031 Charlotte, NC 28241 Ms. Fran McPherson Annual Administering and Compliance Fee Coordinator NCDENR- Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Ms. McPherson: Thank you for the time that you spent with me over the telephone on Monday, October 29, 2001. As 1 mentioned Ace Chemical Corporation is no longer in business. We ceased operations in late 1995. Since then we have removed all bulk storage tanks, piping and. other equipment. In 1996 we worked with the City of Charlotte to shut down our wastewater treatment system. Currently we are utilizing a local real estate firm to either lease or sell our facility. I am enclosing the invoice regarding the Annual Permit Fee. Please remove us from the list of companies that require a permit. If necessary I could easily meet someone from. your office at the plant to verify the information contained in this letter. My telephone number in Charlotte is 704-552-5329. I appreciate your help in this matter. Sincerely, TUltj Howard E. Clein Vice -President 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., Di r ector Mr. Brian Evans 9801 York Rd. Charlotte, NC 28241 Dear Mr. Evans: July 29, 1994 N.C. DEPT. OF NATURAL RESOURCES AUG 19 4 M CittSVi1EE F Subject: Permit No. NC0083461 Ace Chemical Corporation Mecklenburg County In accordance with your application for discharge permit received on January 10, 1994,. we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and 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. Please take notice 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 requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Greg Nizich at telephone number 91.9/733-5083. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr. cc: Mr. Jim Patrick, EPA ilk onal Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0083461 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL FIESOURCES)EPT% OF DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT AUG 3 1994 TO DtSCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEME ENVIRONMENTAL MA • MOORESVILLL RESIONAL 0111 E 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, Ace Chemical Company is hereby authorized to discharge wastewater from a facility located at Ace Chemical Company 9801 York Road Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Steele Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth i Parts 1, 11, and HI hereof. This permit shall become effective September 1, 1994 This permit and the authorization to discharge shall expire atrnidnighton August 31, 1996 Signed this day July 29, 1994 Original S' Pavid Si SY At. Goortrich A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission is hereby authorized to: Permit No. NC 461 SUPPLEMENT TO PE COVER SHEET Ace Chemical Company Enter into a contract for enst outlet into cti of a pater tr e t facility, d ed tribu to Steele Creek, and r receiving an Authorization to Construct from the Division of Environmental aerent, construct and operate a 00216 MOD wastewater treatment facility located at Ace Chemical Company, 9801 York ad, Charlotte, Mecklenburg County (See Part. 111 of this Permit), d Discharge from said treatment v or s at thelocationspecified on the attached map into an unnamed tributary to Steele Creek which is classified class C waters in the Catawba River 13 asir... A. { ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC008346I. During the period beginning on the effective date of the permit and lasting until expiration, the Pcrniittee is authorized to discharge from outfall(s) serial number (lO1. Such discharges shall be limited and monitored by the perrnittee as specified below: Effluent Characteristics Flow Tetrachloroethylene Trichioroethylene Toluene Chronic Toxicity** Lbslday Units Mon, Avq. Daily__ sx Mon. Avg. Discharge Limitations (specify) Daily Max. Frequency 0.0216 MGD Continuous Monitoring Measurement k3.86 g/I Quarterly Quarterly 11.0 µg/I Quarterly Quarterly Requirements Sample Typo Recorder Grab Grab Grab Grab *Sample Lacatjon E E E E E * Sample locations: E - Effluent **Chronic Toxicity (Ceriodaphnia), P/F at 90%©; January, April, July, October; See Part III, Condition E of this permit. Chlorinated Hydrocarbons and BTEX parameters should be monitored using an EPA -approved method to a detection level of 1 ppb. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. 41t1 FEET C Pi°ARLOTTE Sc du of Compli. The perm shall comply wjt r Final uEffluent Li nations specified for discharges in accordance the following sc _dt le: Perminee sha comply withFinal Effluent Li tions b t specified below.. Perm.`tree shall at all tunes roside the operation andmaintenance recess to operate the n facilities at opt u ency. d cti ' unless No later than 14 calendar dig s folio i tg a date identified in the above schedule of compliance, the peshall sobnnit either a report of progress or, in the case of specific actions being qwired' b identified dates, a Witten 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 treating the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PEIWITS 5ECTZO'ti A._ EFINITIONS I. Pere _ IssuingAuthority The Director of the Division of Environmental Management. . PE\1 or Division Means the Division of Environmental Management, Department of Environment, Health and Natural. Resources. .1C Used herein means the North Carolina Environmental agement Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as an ended. 33 USC 1251, et. seq. L lasspav'eSeasuremenu 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 I of the permit. c. The "maximum daily dischar,e'� 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 b. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sure 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 sarnples 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 coliforrn bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunda)'/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 "Niaxirnum Daily Concentration". It is identified as "Daily Maxmum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliforrn 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. 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 1 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 II Page 3 of 14 7. 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 SamP1 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 ( 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 sarr,plin2 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 e, continuous sample collected over a 24 hour period proportional to the rate of 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. Foi purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part I1 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 Dav 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. 11. Nazardous Substanz<r A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12, Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 5ECT1©N E GENER. CONDITIO S I . iry to Comply The permittee must comply. with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or 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 525,000 per day for each violation. Any person who negligently violates any perrnit condition is subject to crirninal penalties of 52,500 to 525,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of 55,000 to 550,000 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 510,000 per violation with the maximum amount not to exceed 5125,000. [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 teens, 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 for 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 510,000 per violation, '*with the maximum arreunt of any Class I penalty assessed not to exceed 525,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed S10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed S12'5.000. to M tig,ate The permittee shall take all reasonable steps to rrainirnize 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. Civil and Cri,rninai 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 1.43.215.3,143- 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. tail and I-laza sous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perminee 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 US'` Funhermcre, the permittee is responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. 5. ?roperr Ri;hts The issuance of this permit does not convey any property rights in either real or personal properry, 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 Qf f shoe on tr`ucti n 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. 5everati ity 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'rovide Informatlptl The permittee shall furnish to the Perrnit 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. Part II Page 6 of 14 9, Duty 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, 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 w ho performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities ernplo ing 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. For a partnership or sole proprietorship: by a general partner or the proprietor, respecti‘ely; 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 inforrnation 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 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty °flaw, 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." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request bythe perrninee 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. Permit Modification, Revocation and Reissuance. or_Termination The issuance of this perrnit 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 Genera] Statute 143-215.1 et. al. 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. [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. :CTJON C. OPERATJONN N 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 Commisaion. The perrnirtee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter SA .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 SA .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 ase 50% complete. Part II Page 8efi4 The perminee 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 perrnittee 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 perrnittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt.Qr Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. )3vpa"ing of Treatment Facilities a. Defittitions (1) "Bypass'" means the known diversion of waste streams from an portion of a treatment facility including the collection system. which is not a designed or established or operating mode for the facility. ( ) "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 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 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. (?) Unanticipated bypass. The perrnattee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a perminee 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 Pan Il 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 perminee 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. a. De 'on. "Upset '" rnea.ns 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: (I) An upset occurred and that the perrninee can identify the causes) of the upset; (2. The pertruttee 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. permittee seeking to establish the occurrence of an upset. In an}°enforcement proceeding the has the burden of proof. 6.. Removed Substances S.:lids. sluices, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any poli.oant from such materials from entering waters of the Stara or navigable waters of the United Staics. 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 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 Pan 503. The permitter 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 permittce 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 1SA, 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. MONITORING AND RECORDS 1, Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents: All samples shall be taken at the monitoring paints 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. Ferning Monitoring results obtained during the previous month(s) shall be summarized for each month and reponed on a month]}Discharge Monitoring Report (DMR) Forrn (DEM No. MR 1,1.1.2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 diisclouge rates throughout the range of expected 4.4 11 Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part 1 of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Tect 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 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The 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 SIO,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 comrnitted after a first conviction of such person under this paragraph, punishment is a fine of not more than S20,000 per day of violation, or by imprisonment of not more than 4 years, or both, 6. Re:cards Retention Except for records of monitoring information required by this permit related to the perrnittee".s se‘ age 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. Fecordirg 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 indi\ idua](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. Part 11 Page 12 of 14 S. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. £ECJION E REPORTING REQUIREMENTS 1. Ch ge in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of an pcillutant 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 perrnittee 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 hether a facilit), 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 Part 122,42 (a) (I). 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. 3. Anticipated tioncompliana The perminee 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. a 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 permirtee 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 Part 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 permit -tee 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 perrnit, the results of this monitoring shall be included in the calculation and reporting o 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. TwenTv:four Hour _Reportit' a. The permittee shall repon 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 circumstance's. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including eN3CT dates and times, and if the noncompliance has no 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 follow ing 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 b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part 11 E. 5 and 6. of this perrnit at the time monitoring reports are submitted, The reports shall contain the information listed in Pan II. E. 6, of this permit. Part h1 Page l4of14 8 Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Yoncompliance 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. 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. A\ ailabilit ' 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 av ailable 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. pena1tie 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 S10,000 per ti iolation, or by imprisonment for not more than two years per violation, or by both. PART III 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 Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The perrnittee shall, upon wrinen 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 of Tcrcic Substance The perrnittee shall notify the Permit Issuing 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,i); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and ac.rylonitrile; five hundred micrograms per liter (500 ugil) for 2.4-dinitrophenol and for 2-methy1-4.6- dinitrophenol; and one milligram per liter (1 mg/I) 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,Im 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 (10) times the maximum concentration value reported for that pollutant in the permit application. D. 'Requirement to Contimally Evaluate Alternatives jo Wa water Pischargea 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 forrn and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Pad IIl Permit No. NC0083461 E. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphrua 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 of reproduction or significant mortality is 90% (defined as treatment two in the North Carolina procedure document). The permit holder shall perforrn 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 be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above.. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event), Failure to submit suitable test results will constitute noncompliance with monitoring requirements. A gust pay the nitg pliance monitmingf y r being billed by the Di i rz, '1 pay the fee in a timely ace ..ee wi 1 .104may cause this Division to initiate ac revoke the permit PERMIT NO.: NC0083461 PERMFITEE NA:11/E: FACILITY NAME: Ace Chemical Company Ace Chemical Company Facility Status: Proposed Pennit Status: New (Resubmitted by Ace) Major Pipe No.: (X)1 Minor Design Capacity: 0.0216 MGD Domestic (% of Flow): 0 % NPDES ASTE LOAD ALLOCATION 1V.c. nEp NVittenvl --(ENT lir, 6 NAT t) AM 1 6 1994 INTS1011 Elf DiViRliNMINTAI NANA Ai:RESCUE AL liff10E Industrial (% of Flow): 100 Comments: Groundwater Rernediation for Tetrachlor Data and previous WLA are attached. RECEIVING STREAM:Steele Creek Class: C ene. Monitorin Sub -Basin: 03-08-34 Reference USGS Quad: County:, Mecklenburg Regional Office: Mooresville Regional Office Previous Exp. Date: 00/00/00 Treatment Plant Class: Classification changes within three miles: None to State Line (1.5 mil (II-137-10) 15 SW i'crk f'taY\ > Requested by: g NizichC: Prepared by: , Reviewed (please attach) Date: Date: Date: Modeler Ak H,Drainage Area (ms )ate Rec. Avg. Streamflow (cfs): 7Q10 (cfs) Winter 7Q10 (cfs) 30Q2 (cfs) Toxicity Limits: IWC % /0/F Acut Chronic Instream Monitoring: Parameters Upstream Location LOCa'_' on ReWriMptiCied Li its Flow (MGD): pH (SU): Tetrachloroethylene (AM); Trichloroethylene (pg/1): Methylene Chloride (AA: Toluene (tig/l): Ethylbeniene (jig/1): Xylene (jig/1): Mon. Avg, 0.0216 Daily Max.. Frequency continuous 6,0-9,0 2/month 8.85 quarterly monitor quarterly monitor* quarterly 1.1.0 quarterly monitor* quarterly monitor* quarterly *Monitoring not required, but Division requests that permittee report monitoring data if available. Cidoronatekl Hydrocarbons and BTEX parameters should be monitored using an EPA -approved method to a detection level of 1 ppb. Permit must contain flow monitoring requirement such that all volumes of wastewater 'leaving the facility are monitored. Recommend continuous flow monitoring. Recommend quarterly monitoring for those chemical parameters to be limited or monitored. This monitoring should coincide with all whole -effluent toxicity monitoring. A reopener clause should be placed in the .permit to allow for additional litnits on these or other .toxicants should the whole -effluent toxicitytesting results indicate toxic. effects. Since discharge flows. down drainage channel on rairoad right-of-way written consent should be obtained by perrnittee from railroad company before permit is issued as per Regions request. —H, Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WAS Ace Chemical Company NC0083461 Industrial- 100% Proposed New UT to Steele Creek C 3 03-08-44 Mecklenbur Mooresville Greg Nizich 213/94 GI5SW OAD ALLOCATION e tgQ4 Request # ulq.!:elttE 131flfj Stream ch acteristic: Dry Stream USGS # Date: Drainage Area (mi2): 0.0 Summer 7Q10 (cfs): 0.0 Winter 7Q10 (cfs): 0.0 Average Flow (cfs): 0.0 30Q2 (cfs): 0.0 INVC (%): 100 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Limits and toxicity test assigned as per SOP for groundwater remediations. Permittee will most likely use EPA Method #624 to to test for tetrachloroethylene, trichloroethylene and toluene. Method will also automatically yeild results for methylene chloride, ethyl benzene and xylene, amoung other parameters. Clause should be placed in permit stating monitoring is not "required" for these parameters, but the Division requests that the permittee report the monitoring results if they are available, Please see Special Instructions or Conditions. Special Schedul equirements and additional comments from Reviewers: /..5 Sr476 "Lef...A.4 27.,r /s wag-z-ef Recomrnended by: Reviewed by Instream Assessment: Regional Supervisor: , Permits & Engineering: RETURN TO TECHNICAL SERVICES BY: 7(.,,T5 - ' Date:_ Date: Date: -S1////'' 1994 TOXICS/CONVENTIONAL PARAME`TE Type of Toxicity lest: Chronic (Ceripjaphnia) Recommended Limit: P/F @ 90%© Monitoring Schedule: Feb., May, Aug., Nov. Recommended Limits,, Flow (MGD): pH (SU): Tetrachloroethylene (µg/1) Trichloroethylene Methylene Chloride (1.1g/1) Toluene (µg/1): Ethylbenzene (µg/1): Xylene (µg/1): *Monitoring not r Mon. Avg. Daily Max. Frequency V � 0.0216 continuous 6.0-9.0 2/month EL 8.85 quarterly WQ monitor quarterly monitor* quarterly 11.0 quarterly monitor* quarterly monitor* quarterly Q. but Division requests that pernnittee report monitoring data if available. X Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed, OR No parameters are water quality limited, but this discharge may affect future allocations. MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS special Instructions or. Conditions Chloronated Hydrocarbons and BTEX parameters should be monitored using an EPA- approved method to a detection level of 1 ppb. Permit must contain flow monitoring requirement such that all volumes of wastewater leaving the facility are monitored. Recommend continuous flow monitoring. Recommend quarterly monitoring for those chemical parameters to be limited or monitored. This monitoring should coincide with all whole -effluent toxicity monitoring. A reopener clause should be placed in the permit to allow for additional limits on these or other toxic should the whole -effluent toxicity testing results indicate toxic effects. Since discharge flows down drainage channel on ran' oad right-of-way written consent should be obtained by perrnittee from railroad company before permit is issued as per Region's request. Explain exact pathway of discharge ( i.e. storm sewer to tributary, etc.) Map enclosed indicates discharge route. Additional Information. attached? (Y or N) If yes, explain with attachments. Nw TTE WEST) Fari:litty Marne CIIRONLC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRL,Y) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: l,) 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 of reproduction or significant mortality is 91 (defined as treatment two in the North Carolina procedure document). The permit holder shall perform wtrterly 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 muted final effluent dischargeEffluent sampling for this testing shall be performed at the NPDES pe 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 be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NO1'i : Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 Perini tted Flow t� iwC Basin & Sub -basin Receiving Stream County M,4 03_cofs.,27,_ i �' MGD ICE % Recommended by: QCL PIF Version 9191