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NC0020745_Regional Office Historical File Pre 2018
State of North Carolina Department of Environment, Health and Natural Resour Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina James G. Martin, Governor William W. Cobey, Jr., Secretary July 9, 1992 Walt 011is, Water / Wastewater Director The City of Kings Mountain - McGill WWTP P.G. Box 429 Kings Mountain, NC 28086 NT t,;i ilCE A, Preston Howard, Jr., P.E, Acting Director Subject; Reciss:iott of NPDES Permit No. NC0020745 '�Jc.Gi11 WWTP Cleveland County Dear Mr. 011is: The Division of Environmental Management has received information from the Mooresville Regional Office which confirms that the subject facility does not discharge to the surface waters of the State of North Carolina. Therefore, as you requested, NPDES Permit Number NC0020745 is hereby rescinded effective immediately. If in the future, you determine that you wish to have a discharge, you must first apply for and receive a new NPDES Permit. Discharging without a valid NPDES Permit will subject the discharger to a civil penalty of up to $10,000 per day. If there is a need for any additionalinformation or clarification, please do not hesitate to contact Robert Farmer at (919) 733-5083. Sincerel A. Preston Howard, Jr., P.E. Mr, Jim Patrick, EPA Cleveland County Health Department Mooresville,RegionaliOffice Permits & Engineering Unit- Colleen Sull Facilities Assessment Unit Fran McPherson, DEM Budget Office Operator Training and Certification Technical Support Branch Central Files PollutionPrevention Pays P.O, Box 29535, Raleigh,. North Carolina 27626-0535 Telephone 919-733 7015 An Equal Opportunity Affirmative Action Employer THE CITY OF KINGS ; OUNTAIN NORTH CAROLINA f .(:). BON ,429 0 KINGS \tywil-1 �AR PECEIVF'D ARIA+ State of North Carolina Dept of E.H. and N.R. Ltivision of Environmental M, na P.O. Box 2953' Raleigh, Nth Gentlemen : The City of Kings Mountain anticipate aga lant., n atin .1 . We are returning the �n 6 and t'. T'.1p1.1a;:ce •1u1ittrs1 L IL there are other steps we same, Thank ron for you:- d cc: Mooresvi George W" Kim Moors opera nor do we Gil wastewater treat ,lon the Annual ac3.11 in. fir 1.9 to take , plea, ad vise The Historical City _w______ ec; EP4 _ e ,s 11 • S t tTe q roe P6 a i,45 ko 60 STATE OF NORTH, CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 88 CVS 837 . C. DEPT% OF N A TURAL R USO f GCS A N STATE OF NORTH CAROLINA, ex rel coimu:cimv t)PMENT WILLIAM. W. COBEY, JR. , Secretary Department of Environment, Health., ) 41991 and Natural Resources, and ex rel ENVIRONMENTAL MANAGEMENT COMMISSION, W ENVIROKANTM. VILLE ROM VREE COUNTY OF CLEVELAND Plaintiff, v. CITY OF KINGS MOUNTAIN, Defendant. CONSENT JUDGMENT AMENDMENT (JOC #88-31 Ad. III) THIS CAUSE came on to be heard this day before the undersigned judge of Superior Court upon joint appearance by the parties, who have announced to the Court that they have agreed to modify the provisions of the Consent Judgement entered herein, as follows: 1. Dy amending paragraph 9(b)(4) to read, Complete construction (all treatment components in place and. functional) of sludge facilities and if necessary, clarifier modification by April 3G, 1991. By amending paragraph 9(b)( to read, Achieve compliance with final effluent limitations by July 1991. 3. By amending paragraph 14 to read, "This Consent Judgment shall terminate on October 31, 1991; except that determinations of final compliance made by the State, payment of any due. penalties by the Defendant, and request for dispute resolution may be made within 60 days thereafter. Following the expiration of this Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6." IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED, ADJUDGED, AND DECREED: The Consent judgment entered. herein is modified by amending paragraph 9(b)(4) to read, Complete construction (all treatment. components in place and functional) of sludge facilities and if necessary, clarifier modification by April 30, 1991. 2. The Consent. Judgment entered herein is modified by amending paragraph 9(b)(5) to read, Achieve compliance with final effluent limitations by July 31, 1991. The Consent Judgment entered herein is modified by amending paragraph 14 to read, This Consent Judgment shall terminate on October 31, 1991, except that determinations of final compliance made by the. State, payment of anydue penalties by the Defendant, and request for dispute resolution may be made within 60 days thereafter. Following the expiration. of this Consent Judgment, any permit violations will be subject 4-o all enforcement procedures as allowed by G. S. 143-215.6." This the day of BY CONSENT: 1991. FOR TEE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES AND ENVIRONMENTAL MANAGEME* COMMISSION — ( George T. Eyeett, Director, Division of Environmental' Management LACY H. THORNBURG rney General Attorney General Judge of SuperiorCo. Sate of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 276I1 James G. Martin, Governor William W. Cobey, Jr., Secretary Mr. Walter C, 011is PO Box 429 Kings Mountain, NC 28086 Dear Mr. Dills: April 17, 1989 RECElv Eo td.)12 0 10c111 Subject: Permit,,ANINC000745)frc.6 City of0(14444ntaiwa Cleveland County R. 'Paul Wilms Director In accordance with your application for discharge permit received on October 7, 1988, 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 toyou, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30days following receipt of this permit, thispermit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable- Part II, D.3, 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, Coastai Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning. this permit, please contact Ms, Lula Harris at telephone number 919/733-5083. m tinginar gnied osy ARTHUR MOUBERRY PCPaul Wilms cc: Mr. Jim Patrick, EPA Asheville Regional Office Pollution Prevention Pays PO, Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0020745 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT To DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina nmental Management Commission, and the Federal Water .Pollution Control Act, as ended, The City of Kings Mountain is hereby authorized to discharge wastewater from a facility located at McGill Creek Wastewter Treatment Plant Kings Mountain Gaston County to receiving natters designated as McGi11 Creek in the Catawba. River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective May 1, 1989. This permit and the authorization to discharge shall expire at midnight on "larch 31, 1994. Signed this day April 17, 1989. R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission is hereby authorized to: i No. NC0020745 SUPPLEMENT PERMIT COVER " The Clay of Kings [ nsnta fn Continue the opera t eaaellity locate on King Street north of inter C1eve1 d/Cstn County line Permit), and charge from said: team ached map into McGill Creek Catawba River Basin, MGD extended aeration type he t Ci11 Creek WaatewatWastewater Teatent P1 of the this Pp en i atel I CC :fie n Gaston Co (See Part n specified on the ass rC" waters in the A. (1). NPDES No. NC0020745 During the period ,beginning on the effective date of the Permit and lasting until Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges and monitored by the Permittee as specified below: LIMITATIONS AND MONITORING REQUIREMENTS Final Lbs/day Monthly Avg. We Flow BOD, 5Day, 20 Degrees C** Total Suspended Residue** NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 NO3 TKN) Total Phosphorus Conductivity Chronic Toxicity*** Pollutant Analysis**** Cadmium Chromium Nickel Lead Cyanide Mercury Copper Zinc Silver Discharge Limitations Other Unit (Specify) ekiy Avg. Monthly Avg. Weekly Avg. 1.0 MGD 14.0 mg/1 21.0 mg/1 30.0 mg/1 45.0 mg/1 5.0 mg/1 7.5 mg/1 5.0 mg/1 5.0 mg/1 1000.0/100 ml 2000.0/100 ml * Sample locations: E Effluent, NCR 1125 2.2 ug/1***** 54.8 ug/1***** 54.8 ug/1***** 27.4 ug/1***** 5.5 ug/1 0.2 ug/1***** uent, U - Upstream taring Re Continuous 2/month 2/month 2/month Weekly 2/month Daily Weekly Monthly Monthly Weekly Quarterly Annually 2/month 2/month 2/month t Sample 1P! Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab Composite Composite Composite Composite expiration, the shall be limitee: *Sample Location I or E E, I,JJ, D E, E, U, D E, U, D E, U, D E E, U, D E E U, D E E E E E 2/month Composite E 2/month Grab E 2/month Composite E Monthly Composite E Monthly „ Composite,E„_ Monthly '-' Composite ',E of discharge D - Downstream: 1) at 1-85 2) at **The monthly average effluent 8005 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent valves (85% removal). ***See Part III, condition I; Chronic Toxicity (Ceriodaphnia) P/F At 91% January, April, July and October ****See Part III, Condition J. *****Daily Maximum Limitation 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, upstream, and downstream by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit. 2. Permittee shall at All times provide the, operation and maintenance necessary to operatethe existing facilities At optimm efficiency, 3. No later than 14 calendar days following a date identified in the above, schedule of compliance, the permittee shall submit either a report of progress or, in thecase of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements, Part II Page 1 of 14 PART II STANDARD CONDITIONS OR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty_to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. Duty to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS _43-2.1.5.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: Violation of any terms or conditions of this permit; Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application. Part II Page 2 of 14 may be required of the permittee. 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 noncompliances, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part IT, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Pro e R__gh 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 Faderal, State or local laws or regulations. Part II Page 3 of 14 9. Onshore of 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. 10. Severshility 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 applies on of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 11. Duty to, Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able 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. SECTION B. OPERATION AND MAINTENANCE OFPOLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. Need to Halt or 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 perititted activity in order to maintain compliance with the condition of this permit. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any division from or bypass of facilities. 4. Upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with 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. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 6. PO er Failurec The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, 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 C. 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. Ali 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. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4, Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. 5.. Penalties for T� s�erin The Clean Water Act provides that any person who falsifies, tampers with,, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 6 of 14 6. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and Maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information.: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; and d. The results of such analyses. 8. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittees premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited, 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. 3. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification, 5. Ayeragipg of Measurements Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: Part II Page 8 of 14 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug, of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes In Discharges of Toxic Sub st ces* The permittee shall notify the Permit Issuing Authority as soon. as it knows or has reason to believe: That any activity has occurred or will occur whhich would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table 11 and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels". 1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acry'lonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5) times the maximum concentration value reported for that pollutant(s) in the permit application. 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 (listed at 40 CFR S 122, Appendix D. Table 1I and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. 9. Signatory_ Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified, 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. A 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 Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my 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 believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 10. 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.i(b) (2) or in Section 309 of the Federal Act.. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. ➢EM or Division Means the Division of Environmental Management, Department of Natural Resources and Community Development. Part II Page 11 of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. 4, Act pr "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 Measure nts 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 sample and measured, divided by the number of daily discharges samples and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average" or "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 samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. 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 sample and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part 1 of the permit. Part II Page 12 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples 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" or "Daily Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. 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 measureddivided 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. Part Page 7. Other Measurements of 14 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. 8. Types of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following .requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. 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. 9 Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. A calendar day s defined s the permed f am midnight 0f one day mid i ht f the next, day. llowe1,7er, 'fear purposes of this perm t, con e ut e -h our Period that re r s represents the u idx d r d m any used, for . p ,i a . °ssrdus Substance A hsx rdot], ubstance asans x subs sn e d ated de 40 C R part16 Petal -lent to Section 3 of;the Clean Wter Act. 12. Toxic o tatant tost po1,Iutnt is nY plutntsted.us taie under Sec or C of the Clean ester Act. A. Requirements for Contrc PART I11 THER REQUIREf3ENTS lutants Attributable to lndustr Users 1. Effluent limitations are listed in Part 1 of this permit. Other pollutants attributable to inputs from major contributing industries using the municipal system may be present in the permittee's discharge.. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the permittee allow introduction of the following wastes in the waste treatment system: a, Wastes which create a fire or explosion hazard in. the treatment works. b. Wastes which will cause corrosive structural damage to treatment works, and in no case discharges with pH less than 5 unless the system specifically designed to accomodate such discharges. c. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment works. d. Wastewaters at a flow rate and/or pollutant concentration which will cause an, inhibitation or disruption of. the POTW, its treatment: processes, operation, or sludge use and disposal. e, Heat in amounts which will inhibit biological activity in the treatment works, resulting in interference but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40 C (104 F) unless the works are designed to accommodate such heat. With regard. to the effluent requirements listed in Part I of this permit, it may be necessary for the. permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the permittee with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all of the major contributing industries discharging to the municipal system. Part III Continued 4. Permittee shall require any industrial dischargers into the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Friar to accepting wastewater from any significant industrial user the permittee shall develop and submit to the Division for approval a Pretreatment Program. A. significant industrial user is one which discharges wastewater into a publicly' owned treatment works and which: a. has an average daily process wastewater gallons per day, or; b. contributes more than 5% of any design capacity of the wastewater treatment plant which receives the discharge, or; c. is required to meet a national categorical pretreatment standard, or; d. is determined by the control authority to have a. potential to adversely impact the wastewater treatment plant or receiving stream, or to limit the POTW sludge disposal options, or; has been included in the permittee's pretreatment monitoring program submitted in accordance with Section 15 NCAC 2H.0906 of the North Carolina Administrative Code. of a significant industrial user as a result to Section 307 of the Act or revisions to a. part of this permit. e. Any change in the definition of promulgations in response 15 NCAC 2.H.0903 shall become f greater than 50,000 This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a PO1W Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Pret atment Program m_Implementation Under authority of sections 307(b) and (c) and 402 (b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403; North. Carolina General Statute 143-215.3 (14) and implementing regulations 15 NCAC 2H .0900, and in accordance with the approved pretreatment program all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this NPDES permit. Part III Continued The permittee shall operate its approved pretreatment program in accordance with section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15 NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission. Such operation shall include but is not limited to the implementation of the following conditions and requirements: The permittee shall develop, in accordance with 40 CFR 403.5(c), specific limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b). The permittee shall issue permits for construction, operation and discharge to all significant industrial users in accordance with NCGS 143-215.1. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard conditions, and compliance schedules as necessary for the installation of control technologies to meet applicable pretreatment standards and requirements. Prior to the issuance of a permit to construct or as a condition of the permit an evaluation of the treatment process proposed must be made as to its capacity to meet the permit limitations. The permittee shall carry out inspection, surveillance, and monitoring requirements as described in its approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. All significant industrial users must be sampled by the permittee at least twice per year for limited parameters. 4. The permittee shall enforce and obtain appropriate remedies for violations of categorical pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5, and specific local limitations. 5. The permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the approved pretreatment program, the industry's pretreatment permit and/or in 15 NCAC 2H .0908. 6. The permittee shall submit twice per year. 2 copies of a pretreatment report describing its pretreatment activities over the previous six months. A report shall be submitted to the Division by August 1 of each year describing pretreatment activities for January 1 through June 30 of that year, and a like report shall be submitted. by February 1 of each year for activities conducted from July 1 through December 31 of the previous year. These reports shall contain the following information: 0 Part III Continued a. a narrative summary of actions taken by the, permittee to ensure compliance with pretreatment requirementsand standards b, a. list of any substantive changes made in the approved pretreatment program. c. a compliance status summary of all significant industrial users d- a list of those significant industrial users in. reportable noncompliance with pretreatment requirements and standards, the nature of the violations, and actions taken or proposed to correct the violations e. sampling and analytical results recorded on, forms approved by. the Division f. upon request, other information pertinent to the implementation of the permittee's pretreatment program. 7. The permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 8. The permittee shall publish annually, pursuant to 40 CFR 403.8 (f(2)(vii), a list of significant industrial users that have significantly violated pretreatment requirements and standards during the previous twelve month period. 9. The permittee shall maintain adequate funding levels to accomplish the objectives of its approved pretreatment program. 10. The permittee shall maintain adequate legal authority to implement its approved pretreatment program. 11. The permittee shall update its industrial user survey at least once every five years. 12, Modifications to the approved pretreatment program, including but not limited to local limitsmodifications and monitoring program changes shall be considered permit modification and shall he governed by 15 NCAC 2H .0114. C. Previous Penits All previous State water quality permitsissued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing. discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Part. IT1 Continued D. Construction No construction. of wastewater treatment facilities or additions thereto shall be begun until. Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. E. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the. wastewater treatment. facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification. assigned to the wastewater treatment facilities. F. 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. ititations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Section 302(b)(2)(c), and (d), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent guideline or water quality standard. so issued or approved: 1, contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the. permit. This permit as modified or reissued under this pnragraph shall also contain. any other requirements in the Act then. applicable. Toxicity Reopener This permit shall be modified, or revoked and reissa ed to incorporate toxicity limitations and/or monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. Chronic Toxicity Testing Requirement The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1). The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *February 1987) or subsequent version, 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 Bolder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance 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 from AT-1 (original) is to be sent to the following address: Attention: Technical Services Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611. 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 reopened 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. The permittee shall conduct a test for priority pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) 2) A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis (APA) Monitoring Requirement Reporting Form A, to be provided to all discharges affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis" (APA). Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in each organic chemical analytic fraction (or fewer than 10, if less than 10 unidentified peaks) occur for chemicals other than those specified on the APA Monitoring Requirement Reporting ForA should be identified and approximately quantified as stated in the APA Reporting Form A instructions. This part (item 2) of the APA monitoring requirement is to be referred to as the "10 significant peaks rule". NPDES WASTE LOAD ALLOCATION PERMIT NO.: C00 ;0 FACILITY NAM Facility Status: P1 (circle eon) Permit Status:""(i� (ants efts) Malor lriaor. Pipe No: db r Design Capacity (MGD): . t. Domestic (% of Flow): Industrial (% of Flow): Comments: RECEIVING STREAM: Class: Sub -Basin: 0 3 — Reference USGS Quad: County: Regional Office: (cirsle roes) Requested By: Prepared B Reviewed Icy: Fs. M© Rs 7 -; Date: Drainage Area (mi 7Q10 (cfs)©J *..' Avg. Streamflow (cfs): 0 (cfs) r.3 30Q2 (cfs) Toxicity Limits: IWC 9t % (circle one) Acute / Instream Monitoring: Parameters Winter 7 Upstream Location Downstrea Effiuent Characteristics BODE (mg/I) catio Request No. :4976 Permit Number Facility Name Type of Waste Status Receiving Stream Class Subbasin County Regional Office Requestor Date of Request Quad tram NC0020745 KINGS MOUNTAIN - MCGILL CREEK WWTP 67% DOMESTIC / 33% INDUSTRIAL EXISTING MCGILL CREEK 0308 1 CLEVELAND ARO HARRIS 11/15/88 G13NE RECOMMENDED EXIST. Wasteflow (mgd): 1.0 5-Day BOD (mg/1) 14 Ammonia Nitrogen (mg/1): 5 Dissolved Oxygen (mg/1) : 5 TSS (mg/1): 30 Fecal Coliform (#/100m1): 1000 pH (SU): 6-9 Cadmium (ug/1): 2.2 Chromium (ug/l): 54.8 * Nickel (ug/1): 54.8 * WASTELOAD ALLOCATION APPROVAL FORM 707E7( -TcTi5 WaluQuon JA 3 1 989 Olfce Drainage Area (sq mi) : 1.1 Average Flow (cfs) : 1.3 Summer 7Q10 (cfs) : 0.15 Winter 700 (cfs) : 0.3 30Q2 (cfs) : 0.4 EFFLUENT LIMITS Lead (Lgil 27.4 * Cyanide (ug/1) 5.5 * Mercury (ug/1) 0.2 * --- MONITORING -------- Upstream (Y/N1: Y Location: 50 FT. UPSTREAM OF DISCHARGE Downstream, (Y/ ): ? Location: 1) 8 1-85 2) @ RI125 ABOVE HOWELL. MANUFACT. •----- COMMENTS *METALS LIMITS BASED ON FACILITY'S PRETREATMENT ANALYSIS. RECOMMEND REOPENER CLAUSE FOR PERMIT THAT ALLOWS FOR CHANGE OF METALS LIMITS IF NEW PRETREATMENT ANALYSIS SHOWS THE NEED. *RECOMMEND EFFLUENT MONITORING'FOR COPPER, ZINC, AND SILVER, *TOXICITY LIMITS ATTACHED. *RECOMMEND INSTREAM MONITORING INCL. NEW DOWNSTREAM SITES. INSTREAM MONITORING FOR, PARAMETERS: TEMPERATURE, DO, CCNDUC TIVITY, PH, FECAL COLIFORM, BOD5, AND NH3. INSTREAM MONITORING SHOULD BE 3 PE WEEK DUPING THE SUMMER AND MONTHLY DURING THE WINTER, FACILITY INTERACTS W/ HOWELL MANUFACTURING AND BESSEMER CITY WWTP. -------- Recommended. by Reviewed by; Tech. Support Supervisor Regional S' ,or Permits & En RETURN TO TECIiNICAL SE Date Name Ala cW ,2079S CHRONIC TOXICITY TESTING REQUIREMENT (QR`1'RI Y) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in:. 1.) The North Carolina Criodaphi chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure n Revised *February 1987) or subsequent versions. fluent concentration at which there may be no observable inhibition of reproduction or a.y. ant mortality is 9l 10 (defined as treatment two in the North Carolina procedure .ocurnent). The permit holder shall perform quarterly monitoring using this procedure to establish permit condition. compliance. e��er� thirty days from 1�Iiance witcondition.`I�ae first teat will be be performed cr issuance of this permit during the months' of ,r�,W leA t _. _ Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity Discharge.1 code TGP3 g results re.cluired ors part of this perm 'it condition wili be entered on the Effluent ing Form (IvIR.-l) for the month :in which it was performed, using the parameter Additionally, DEM.Forrn AT-1 (original) is to be sent to the following address: Attention: Technical Services Branch North Carolina Division of Environmental Management P.O: Box 27687 Raleigh, N.C. 2761.1 »plete and accurate tend include all supporting chetr is ttl/physical measurements ociation°itla flee toxicity tests, as well as all dose/response data_ Total residual oxicity sample must be measured and reported if chlorine is employed for aste stream_ Should any single quarterly monitt ring indicate a monitoring will begin immediately until such time monthly test :requirement will revert to quarte :o meet specified lirrrits, then rnonttfly irrgle test is passed. Upon passing, this rths specified above. Shou frcrrrr tla;is rttonitori g requirer °nt rtr tests penfl rr ed b iv)'rvr roar r14°trC nnlenttl 1'tr'1'age.ineat indicate pot nti it inap i :t to the receivin y be re -opened at d modified to include altemate monitoring requirement NOTE: Failure to achieve test conditions as sl e:cif real ire the cited document,. such a control tar anistra survival and appropnate environmental controls, shall consti. and wil.l. tequir irr r ieda ate retestin f initial monitoring event, suital 1 .. t st re.srt?ts will constitute none( inphtrrrce wath rrsc niic rirrgirements.. 7Q.l0 Permit IWC5 Basin & Rece County the £R : the. e Rex ?lies 2JTRL MAN zy. -r « :a±52 t«z©> there 35? 4,‘ James G. Martin, Governor William W. Cobey Jr., Secretary Mr. Walter C. 011is City of Kings Mountain PO Box 42.9 Kings Mountain, NC 28086 Dear Mr. 011is: 7:1 State of North Carolina Departmentrnent ot Natural Resources and C.,onimunity Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 May 15, 1989 R. Paul Wilms Director SUBJECT: NPDES Permit Modification NPDES Permit No. NC0020745 City of Kings Mountain Cleveland County On April 17, 1989, the Division of Environmental Management issued NPDES Permit No. NC0020745 to the City of Kings Mountain. A review of the permit file has indicated that an error was inadvertently made in the permit. Accordingly, we are forwarding herewith a modification to the subject permit to correct the error. This permit modification is to insert two statements concerning upstream and downstream samples. Please find enclosed an amended effluent page which should be inserted into your permit. The old page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North. Carolina and the U. S. Environmental Protection Agency. This permit modification becomeseffective immediately. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you. may request a waiver or modification. pursuant to Regulation 15 NCAC 28 .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this. permit, this permit shall be final and. binding. Should your request be denied, you will have the right to request an adjudicatory hearing. rf you. have any questions concerning these permit modifications, please contact Mr. Arthur Mouberry at (919)733-5083. cc. Mr. Jim Pntrick, EPA Asheville Regional Office Pollution Prevention Pays P.O, Box 27687, Raleigh, North Carolina 276'11-7687 'Telephone 9t9-733-7015 An Equal Opportunity Affirmative Action Employer A. (1). NPDES No, NC0020745 During the period beginning on the effective date of the Permit and lasting untilexpiration, the Permittee is authorized to discharge. from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations TATIONS AND MONITORING REQUIREMENTS Final Flow BOD, 5Day, 20 Degrees C** Total Suspended. Residue** NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + Total Phosphorus Conductivity Chronic Toxicity*** Pollutant Analysis**** Cadmium Chromium Nickel Lead ._„. Cyanide Mercury Copper Zinc Silver Lbs/da ?louthlyAvg. Weekly Avg. TlCV) Other Units (Specify) Monthly Avg. Weekly Avg, 1.0 MGD 14.0 mg/1 30.0 mg/1 5,0 mg/1 5.0 mg/1 1000.0/100 ml 21.0 mg/1 45.0 mg/1 7.5 mg/1 5.0 mg/1 2000.0/100 mi 2.2 ug/1**"* 54.8 ug/1***** 54.8 ug/l***** 27,4 ug/1***** 5.5 ug/1***** 0.2 ug/1***** Sample locations: E Effluent, I - Influent, U NCSR 1125. Upstream and downstream samples shall times per week during June, July, and August, and MoRitoring it__ql4rePeJ1 Frequency Continuous 2/month 2/month 2/month Weekly 2/month Daily Weekly Monthly Monthly Weekly Quarterly Annually 2/month 2/month 2/month 2/month /month 2/month Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab Composite Composite Composite Composite Composite Grab Composite *Sample Location or E E, I, U, D E. E, U, D E, U, D E, U, E E, U, D E E U, t E E E E E Monthly Composite E Monthly Composite E Monthly Co posite E - Upstream of discharge D - Downstream: 1) at 1-85 be grab samples. Stream samples shall be collected three once per week during the remaining months of the year. **The monthly average. effluent B0D5 and Total Suspended Residue concentrations shall not exceed 15% of the. respective influent valves (85% removal), ***See Part III, condition. I; Chronic Toxicity (Ceriodaphnia) P/F At 91% January, ****See Part III, Condition J. April, July and October *****Daily Maximum Limitation 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, upstream, and downstream by grab sample. There. shall be no discharge of floating solids or visibic foam in other than trace amounts. State of North Carolina Department of Environment, Health, and Natural resources Asheville Regional Office James G. Martin, Governor William W. Cobey, Jr., Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 19, 19 Mr. George Wood, City Manager City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: JOC Modification City of Kings Mountain Cleveland County Dear Mr. Wood: Ann B. Orr Regional Manager Attached are modifications proposed for the City of Kings Mountains JOC ## 89-02, which primarily concerns the City's pretreatment program. The proposed modifications relax the effluent limitations and address certain specific conditions at the McGill Plant. Please review the suggested. JOC changes and advise me of your comments. Once City of Kings Mountain and Division of Environmental Management Regional Staff members reach agreement concerning JOC modifications and upon receipt of a processing fee of $100.00, I will forward the the modifications to the Central. Office staff for review. Thank you for your attention. Contact me at telephone number. 704-251-6208 if there are questions. xc!" Sincere ames R. Reid Environmental Chemist w/attachment Tom Howard Walt. 011is David Pond Interchange Building, 59 Wrxrdfin Place, Asheville, N.C., 28801 • Telephone 7CW-251 620f8 An Equal C3ppotttsnfty^ € ffirraauv<e Actican Employer STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION CVS STATE OF NORTH CAROLINA, ex rel WILLIAM W. COBEY, JR., Secretary Department of Natural Resources and Community Development, and, ex rel ENVIRONMENTAL MANAGEMENT COMMISSION, Plaintiff, v. CITY OF KINGS MOUNTAIN, Defendant. CONSENT JUDGMENT AMENDMENT (JOC ##89-02 Ad) This cause came on to be heard this day before the undersigned Judge of Superior Court upon joint appearance by the parties, who have announced to the Court that they have agreed to modify the provisions of the Consent Judgment entered herein, as follows:= by making Attachments A, B, and C part of the Consent Judgement 2 by amending paragraph 3 to read, "The City of Kings Mountain holds North Carolina NPDES Permits Nos. NC0020737 and NC0020745 for operation of existing wastewater treatment works, the Pilot Creek Wastewater Treatment Plant and the McGill Creek Wastewater Treatment. Plant, and for making ou ets therefrom for the discharge of treated wastewater to u#lo Creek in the Broad River Basin and McGill Creek in Catawba River Basin respectively, which are both Class C waters of this State. However, the City is unable to comply with the pretreatment conditions as set forth. in Part III of the Permits. At the McGill. Plant inability to comply with. pretreatment conditions causes or contributes to noncompliance with BODS, total suspended residue, NH3-N, cadmium, chromium, nickel; lead, and toxicity limitations. Compliance will require establishment of local limits, issuance of pretreatment permits, development and. implementation of an enforcement management system, preparation of plans and specifications for, and construction and. operation of additional treatment works. The non --compliance with permit conditions constitutes causing and. contributing to pollution of the waters of the State, and the City is within the jurisdiction of the Commission as set forth in NCGS Chapter 143, Article, 21." by amending paragraph 10 toadd sub -paragraph (i) as follows, " ( During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements for the McGill Creek Wastewater Treatment Facility contained in Attachments A, B, and C. Additional monitoring may be required by the. Director on a case by case basis. These new requirements may be contained in either a new NPDES Permit or a letter from the Director." 4. by amending sub -paragraph 10 (b) to add items 13, 14, 15, and 16 as follows, "13) a thir t ho is generally recognized as treatment expert. to evaluate operational program, and. :atory procedures at the McGill Plant. Complete third party evaluation on or before. .April 1, 1990. 14) Submit plans and specifications alongwith a request for "Authorization to Construct" for any needed equipment additions or modifications and implement any requiredoperational improvements on or before. .0ctober 1, 1990. Retain a the lab the . - 15) Complete construction (all units permanently installed and. functional) of any required equipment additions or modifications on or before . . October 1, 1991. 16) Achieve compliance with final effluent limitations on or before.......... . . January 1, 1992." 5. by amending paragraph 12 to add items 13), 14), 15), and 16) as follows., DEADLINE "13) Complete third party evaluation 14)' Submit plans, Authorization and implement improvements request. to Construct, operational 15) Complete construction PENALTY AMOUNT same same same 16) Achieve compliance with final same effluent limitations" -3- 6. by amending paragraph 15 to read, "This Consent Judgment shall terminate on January 1, 1992; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution may be made within 90 days thereafter, Following the expiration of this Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S, 143-215.6." IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED, ADJUDGED, AND DECREED: 1. The Consent Judgment entered herein is modified by by making Attachments A, B, and C part of the Consent judgement, The Consent Judgment entered herein is modified by amending paragraph 3 to read, "The City of Kings Mountain holds North Carolina NPDES Permits Nos. NC0020737 and NC0020745 for operation of existing wastewater treatment works, the Pilot Creek Wastewater Treatment Plant and the McGill Creek Wastewater Treatment Plant, and for making outlets therefrom for the discharge of treated wastewater to Bufalo Creek in the Broad River Basin and McGill Creek in the Catawba River Basin respectively, which are both Class C waters of this State. However, the City is unable to comply with the pretreatment conditions as set forth. in Part III of the Permits. At the McGill Plant inability to comply with pretreatment conditions causes or contributes to non-compliance with BOD5 , total suspended. residue, NH3-N, cadmium, chromium, nickel, lead, and toxicity limitations. Compliance will require establishment of local limits, issuance of pretreatment permits, development and implementation, of an enforcement management system, preparation of plans and specifications for, and construction and operation of additional treatment works. The non-compliance with permit conditions constitutes causing and contributing to pollution, of the waters of the State, and the City is within the jurisdiction of the Commission as set forth. in NCGS Chapter 143, Article 21," 3. The Consent Judgment entered herein is modified by amending paragraph 10 to add sub --paragraph (i) as follows, I, (i) "During the time in which. this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements for the kii Creek Wastewater Treatment Facility contained in Attachmersj3, and C. Additional monitoring may be required by the Diredg on a case by case basis. These new requirements may be contained in either a new NPDES Permit or a letter from the Director." 4- 4. The Consent Judgment entered herein is modified by amending sub -paragraph 10(b) to add items 13, 14, 15, and 16 as follows, "13) Retain a third party who is generally recognized as a qualified wastewater treatment expert to evaluate the equipment adequacy, operational program, and laboratory procedures at the McGill Plant. Complete the third. party evaluation on or before . . .April 1, 1990L 14) Submit plans and specifications along with a request for "Authorization to Construct" for any needed equipment additions or modifications and implement any required operational improvements on or before. . . . . . . .0ctober, 1, 1990. 15) Complete construction. (all units permanently installed and functional) of any required. equipment, additions or modifications on or before. . . . October 1, 1991. 16) Achieve compliance with final effluent limitations on or before , . • . • • . January 1, 1992." 5. The Consent Judgment entered herein is modified by amending paragraph 12 to add items 13), 14), 15), and 16) as follows, "13) Complete third party evaluation same 14) Submit plans, request Authorization to Construct, and implement operational improvements same 15) Complete construction same 16) Achieve compliance with final same effluent limitations" 6. The Consent Judgment entered herein is modified by amending paragraph 15 to read, "This Consent Judgment shall terminate on January 1, 1992; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution may be made within. 90 days thereafter. Following the expiration of this Consent Judgment, and permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6•" This the day of 1'89 . BY CONSENT: FOR THE CITY OF MOUNTAIN ayor Attorney at Law FOR THE DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES AND ENVIRONMENTAL MANAGEMENT COMMISSION Director, Division of Environmental Management LACY H. THORNBURG Attorney General. Assistant Attorney Genera ge of Superior Court ATTACHMENT A JGC 89-02 City of Kings Mountain, McGill Wastewater Treatment Facility EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -- Interim During the period beginning on the effective date of this Order and lasting until January 1, 1992, the permittee is authorized to discharge from outfall(s) serial number 001. Such discharge shall be limited and monitored by the permittee as specified below: Characteristics Discharge Limitations Monitoring Requirements Units as specified onthly Avg: WeeklyAv Low BOD, 5-Day, 20 Degrees Total Suspended Residue NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN Total Phosphorus Conductivity Chronic Toxicity ** Pollutant Analysis *** Cadmium Chromium Nickel Sad ..yanide Mercury Copper Zinc Silver ** 1.0 MGD 35 mg/1 120 mg/1 11.0 mg/1 5.0, mg/1 1000.0/100 ml Sample Location:: I -influent, E 1125. Upstream and downstream collected three times per week remaining months of the year. 16.0 ug/ 66 ug/1. 90 ug/1 135 ug/1, 5.5 ug/1\ ©..2 ug/1 52 mg/1 180 mg/1 16 mg/1 5.0 mg/1 2000.0/100 ml ment Sample. Type Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Monthly Monthly Weekly Quarterly Annually 2/Month 2/Month 2/Month 2/Month 2/Month 2/Month Monthly Monthly Monthly Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab Composite Composite Composite Composite Composite Grab Composite Composite Composite Composite *Sample ocation I or E E, I , U, D E, I E, U, D E, U, D E, U, D E E, U, D E E U, D E E E E E E E E E E E effluent, U-upstream, D-downstream: 1) At I-85 2) at NCSR samples shall be grab samples. Stream samples shall be during June, July, and August, and once per week during the See Attachment B, Chronic Toxicity (Ceriodaphnia) to July and October. n re rernent 91% at January, Apri *** See Attachment C PAGE The pH shall not be han 6.0 standard units nor and allbe monitonto t t the effluent, upst greater than 9.0 standard units and downstream by drab sample. There shall be n di a ge of to t og solids " v. . 1e foam i other than trace amounts. ATTACHMENT B City of Kings Mountain, McGill Wastewater Treatment Facility JOC 89-02 Chronic Toxicity Testing Requirement The toxicity goal is to achieve an. effluent discharge which. at no time exhibit chronic toxicity in any two consecutive toxicity tests, using procedures outlined in: 1. The North Carolina Ceriodaphnia chronic bioassay procedure (North Carolina Chronic Bioassay Procedures Revised *February, 1987) or subsequent versions. The target effluent concentration at which there should 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 quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will, be. performed after thirty days from issuance of this permit during the months of January, April, July and October. Effluent sampling for this testingshall 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 appropriate parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 failureto 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 reopened and modified to include alternate monitoring requirements or limits. Note: Failure toachieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid tests and will require immediate retesting' (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute non-compliance with monitoring requirements. ATTACHMENT C City of dings Mountain, McGill Wastewater Treatment Facility JOC 89-02 The permittee shall conduct a test for priority pollutants annually at the effluent. from the treatment plant. evaluated as follows: The discharge shall be 1. A pollutant analysis of the effluent must be compieted annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCB's; (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis (APA) Monitoring Requirement Reporting Form A, to be provided to all dischargers affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred. to as the "Annual Pollutant Analysis" (APA). 2 Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in each organic chemical analytic fraction (or fewer than 10, if less than 10 unidentified peaks) occur for chemicals other than. those, specified on the APA Monitoring Requirement Reporting Form A should be identified and approximately quantified as stated in the APA Reporting Form A instructions. This part (item 2) of the APA monitoring requirement is to be referred to as the "10 significant peaks rule". STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 89 CVS STATE OF NORTH CAROLINA, ex rel William W. Cobey, Secretary, Department of Natural Resources and. Community Development, and ex rel ENVIRONMENTAL MANAGEMENT COMMISSION, Plaintiff, v. City of Kings Mountain Defendant. ) ) ) ) ) ) ) CONSENT JUDGMENT (JoC #89 O2) THIS CAUSE came on to be heard. this day before the undersigned. Judge of Superior Court upon. joint appearance by the parties, who have announced to the Court that all matters in controversy between them. as alleged in the Complaint have been settled and that they have consented to the entry of the Consent Judgment upon the following. stipulations and terms: ST I PULATE'D FACTS 1. The plaintiff is the sovereign State of North Carolina. The Department of 'Natural. Resources and Community Development (NRCD) is an agency of the State established pursuant to NCGS 143E--275, et seg; and William W. Cobey is its Secretary. The Environmental Management Commission (EMC) is an agency of the State established pursuant to NCGS 143B-282, et seq. 2. The defendant, City of Kings Mountain, in the County of Cleveland, North Carolina, is an incorporated municipality established and created under North Carolina law. The current mayor of Kings Mountain is The Honorable Kyle F. Smith, upon whom service of process may be made pursuant to Rule 4(j)(5)(a) of the Rules of Civil Procedure. 3. The City of Kings Mountain holds North Carolina NPDES Permits Nos. NC0020737 and NC0020745 for operation of existing wastewater treatment works, the. Pilot Creek Wastewater Treatment Plant and the McGill Creek Wastewater Treatment Plant, and for making outlets therefrom for the discharge of treated wastewater to Buffalo Creek in the Broad River Basin. and McGill Creek. in the Catawba River Basin respectively, which are. both Class C waters of this State. However, the City is unable to comply with the pretreatment conditions as set forth in Part III of the Permits. Compliance will require establishment of local limits, iasuance of pretreatment permits, and development and implementation of an enforcement management system_ The noncompliance with permit conditions constitutes causing and contributing to pollution of the waters of the State, and the City is within. the jurisdiction of the Commission as set forth in NCGS Chapter 143, Article 21. 4. The City of Kings Mountain, due to its noncompliance, must provide financingfor the development and implementationof a pretreatment program which will comply with State pretreatment regulations and the City's NPDES permit requirements. 5. In response to the National Municipal Policy, 49 F.R. 3832, January 30, 1984, adopted by the United States Environmental Protection Agency for assuring compliance with the federal Clean Water Act, 33 U.S.C. §1342, by publicly -owned treatment works, and in recognition of that Act°s July 1, 1988, deadline for compliance [§1311 of the Act initially required compliance by July 1, 1977, but extensions of time were granted until July 1, 1988 if construction was required for compliance, pursuant to §1311(i)1, the Department and Commission have identified the City of Kings Mountain, Wastewater Treatment Plants as facilities which were not in compliance due to extraordinary circumstances. STIPULATED TERMS 6, The defendant, City of Kings Mountain, waives service of process, accepts service of the Complaint, and admits all averments contained in the Complaint. 7. The defendant, City of Kings Mountain, shall pay all court costs in this cause. 8. The defendant, City of Kings Mountain, agrees to pay and the plaintiff agrees to accept the amount of $3000, representing civil penalties assessable under N.C.G.S. 143-215.6, in full settlement of all violations of Permit Nos. NC0020737 and NC0020745 which were investigated by and known to the plaintiff Department through the date of this Consent Judgment. 9, The parties agree that this Consent Judgment supersedes the requirements of any previously entered Special Orders by Consent and constitutes full settlement of all matters referred to in the Complaint, with the following caveat; the plaintiff reserves all rights to otherwise assess appropriate civil penalties pursuant to NCGS 143-215.6(a) in connection. with the operation of the Kings Mountain. Wastewater Treatment Plants by the defendant, City of Kings Mountain, including but not. limited to any failures to comply with interim effluent limitations and monitoring requirements. The parties further agree this Consent Judgment is supplementary to the obligations of the defendant under state and federal water quality statutes. 10. The defendant, City of Kings Mountain, agrees to perform all of the following: (a) Meet and comply with all of the terms and conditions of NPDES permit NC0020737, NPDES permit NC0020745 and JOC *88-31 except those identified in paragraph 3 above. (b) Upon entry of the Consent Judgment, undertake the following activities in accordance with the indicated time schedule: 1) Assess penalties against Buckeye Fire Equipment, Inc. for violations of categorical pretreatment standards and local pretreatment requirements. The amount of penalties against Buckeye Fire Equipment, Inc. shall be based upon the estimated ecomonic benefit realized during the period when adequate pretreatment equipment was not in place. Penalties shall be assessed against Buckeye Fire Equipment, Inc. by the City of Kings Mountain on or before.. _August 1, 1989. Finalize and sumbit for approval to the Division. of Enviornment.al Management (DEM) headworks analyses for both Kings Mountain wastewater treatment plants on or before.. _ September 1, 1989. 3) Develop and. submit to DEM for approval a plan for an ongoing monitoring program for refining the existing headworks analysis on or before......... .September 1, 1989. Issue an order containing stipulated penalties for non --compliance with order requirements and a time schedule requiring that Buckeye Fire Equipment, Inc. perform at least the following activities: Provide the City with a written evaluation, performed by a registered professional engineer licensed. to practice in the State of North Carolina, of the adequacy of its pretreatment equipment, Provide the City with a written operational and management plan for its pretreatment equipment system and establish and commit to a plan to promptly notify the City of Kings Mountain of any changes in the operational procedures or personnel associated with the pretreatment equipment, Remedy any pretreatment equipment or operational deficiencies identified in the engineer's evaluation, The City shall issue such order on or before.. .0ctober 1, 1989. Implement the ongoing monitor .ng program (which reflects DEM comments received. by the City prior to October 1, 1989) for refining the headworks analysis on or before......... ,.October 1, 1989. 6) Develop and submit to DEM for approval an enforcement management strategy prepared in accordance with the document ENFORCEMENT GUIDANCE FOR NORTH CAROLINA PRETREATMENT CONTROL AUTHORITIES on or before...,..H.d..w ..October 1, 1989. 7) Develop inter;urisdictional agreements and submit to DEM for approval on or before. _October 1, 1989. Implement the enforcement management strategy (which reflects DEM comments received by the City prior to November 1, 1989) on or before .November 1, 1989. Present the interjurisdictianal agreements (which reflects DEM comments reviewed by the City prior to November 1, 1989) to other affected parties for execution on or before .November 1, 1989. 10) Issue DEM approved permits for significant industrual users on or before. ..December 1, 1989. 11 ) Draft revisions to local pretreatment limits and other sewer use ordinance language and present to DEM for approval on or before.... .December 1, 1989. 12) Adopt revisions to pretreatment requirements and other sewer use ordinance language (which. reflects DEM comments by January 1, 1990.) on or before.....................February 1, 1990. (c) No later than 14 calendar days after any date or time identified for accomplishment of any activity listed in 10(b) above, submit to the NRCD, attention Director of Division of Environmental Management, written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement. identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. (d) Enforcethe water conservation provisionsof the State Building Code as it applies to new residential construction (Volume 11 - Chapter IV 401.2, 401.3). (e) Enforce against all significant violations of categorical pretreatment standards and local limits by Kings Mountain's significant industrial users. (f) Continue its program of infiltration/inflow identification and correction and submit reports to the NRCD Asheville Regional Office by the last day of each month. (g) Deny acceptance of any septage, sludge, or residue from any domestic or industrial septic tank, pretreatment facility, or wastewater treatment facility into the Kings Mountain Wastewater Treatment Plants or into any portion of the sewerage system that is tributary thereto.. (h) Should it become necessary to by-pass treatment components, the City must obtain approval from the Director. Scheduled by-passes will only begin after prior approval has been received from the Director, Unforeseen by-passes must be reported to the Director as quickly as possible but in no case later than 24 hours after the event beginsand must befollowed. up within five (5) working days with a written request for approval. By-passes conducted in accordance with. the Director's approval will not constitute a violation of this consent judgment. 11. Additional sources of waste flows are prohibited by NCOS 143-215.67(a). However, notwithstanding the entry of this Consent Judgment, the plaintiff Commission, or its delegate, may allow the City of Kings Mountain. to accept additional waste flows to its Wastewater Treatment Plants, pursuant to. the provisions of NCGS 143-215.67(b), where appropriate. 12. Unless excused under Paragraph 13, the defendant, City of Kings Mountain, shall pay the plaintiff Department and Commission the following stipulated penalties for failure to meet the deadlines set out in Paragraph 10(b): DEAD IN PENALTY AMOUNT $100/day for first 7 Buckeye Fire Equipment, Inc. days, and $500/day thereafter 2) Finalize and submit to DEM same headworks analyses 3) Develop and submit to DEM same an ongoing headworks monitor— ing plan 4) Issue an order to Buckeye Fire same Equipment, Inc. 5) Implement the ongoing headworks same monitoring plan 6) Develop and submit to .DEM an same enforcement management strategy 7) Develop and submit to DEM same interjurisdictional agreements 8) Implement the enforcement same management strategy g) Present the interjurisdicta.onal same agreements to other affected parties 10) Issue approved permits same 11) Draft and present to DEM same revisions to pretreatment limits and other sewer use ordinance language 12) Adopt revisions to pretreatment same requirements and sewer use ordinance language. Payments shall be made by certified check, made payable to the "Department of Natural Resources and Community Develop- ment", and shall be made within fourteen (14) days following demand by the plaintiff. Asses penalties against 13. Stipulated penalties are not due if the defendant, City of Kings Mountain, satisfies the plaintiff, Department or this Court, that noncompliance was caused by events or circumstances beyond. the defendant's control. Such events or circumstances do not include failure to obtain state or federal grant funding, failure to schedule or pass necessary bond referenda, or other failures to obtain necessary financing, but may include delays caused by contractors provided that such delays could not be reasonably anticipatedby the Defendant and that Defendant has made its best efforts to avoid and minimize such delays. Any dispute which arises concerning whether stipulated penalties are due will in the first instance be subject to informal negotiations between the parties, initiated by written request. If the parties cannot resolve the dispute within 30 days from the date of the request, the dispute may be referred by any party to the Court for judicial resolution. If exigencies require, a party may refer the matter to the Court prior tothe expiration of the 30-day period; and. the 30-day period may be extended or shortened by mutual agreement of theparties or by Court order. The filing of a petition seeking dispute resolution as to the payment of stipulated penalties will not extend or postpone the defendant -City of Kings Mountain obligations, and upon dispute resolution. the defendant -City of Kings Mountain shall have the burden of proof. 14. The terms of this Consent Judgment may be enforced by and through the contempt powers of the Court. 15. This Consent Judgment shall terminate on February 1, 1990; except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution maybe days thereafter. Following the expiration Judgment, any permit violations will be made within 60 of this Consent subject to all enforcement procedures as allowed by G.S. 143-215.6, IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED ADJUDGED AND DECREED; 1. The above stipulated facts and terms, as agreed to by the parties, are hereby made specific findings and. orders of this Court. 2. The parties, with Court approval, may jointly modify the provisions of this Consent Judgment. 3. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Consent Judgment; for purposes of determining any matters in dispute; and for purposes of determining any motions for further relief based on changes of circumstances. This the day of ___.__.._... Judge of Superior Court BY CONSENT: FOR THE CITY OF KINGS MOUNTAIN Mayor Attorney at Law FOR THE DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT COMMISSION Director, Division. of Environmental Management LACY H. THORNBURG ATTORNEY GENERAL ASSISTANT ATTORNEY GENERAL UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CERTIFIED MAIL RETURN RECEIPT REQUESTED REF: 4WM-FP REGION IV 345 COURTLAND STREET, N,E. ATLANTA, GE©RGfA 30365 EC 1 7 1990 Dr. George T. Everett, Director North Carolina Department of Environment Health, & Natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27611 Re: KPDES Permit No. NC0020745 Administrative Order No. 91-028(wWA) City of Kings Mountain -McGill Creek Dear Dr. Everett: Pursuant to Section 309(a) of the Clean Water Act, I have detetwined that the above -referenced facility is in violation of the Clean Water Act. As a result, I have issued an Administrative Order, a copy of which is enclosed for your reference. The Order is presently being served. Sincererl^y yours, ✓J CG- Ray Cunningham, Director Water Management Division Enclosure RECEIV +61LIOStNrt OF EHWtRbNkt.ArrAL A•IANASEHUt DEC MOORESv'ILLE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV IN THE MATTER OF: City of Kings Mountain Kings Mountain, North Carolina NPDES Permit No. NC8020745 Administrative Order No. 91--028(wWA) ORDER PURSUANT TO SECTION 309 CLEAN WATER ACT Pursuant to the authority of Section 309(a) of the Clean Water Act (hereinafter, the Act), 33 U.S.C. Section 1319(a), which has been delegated to the Regional Administrator of the Environmental Protection Agency (EPA) Region IV and redelegated to the Director, Water Management. Division, Region IV, I hereby make the foliowing Findings of Fact and Violation and Order: FINDINGS OF, FACT City of Kings Mountain (hereinafter, the Respondent), a person within the meaning of Section 502(5) of the Act, 33 U.S.C. Section 1362, owns or operates the McGill Creek wastewater treatment system which discharges pollutants into the McGill Creek a water of the United States. 2, Section 301(a) of the Act, 33 U.S.C. Section .311.(a.), Prohibits the discharge of pollutants into waters of the United States except as in compliance with a National Pollutant Discharge Elimination System (hereinafter, NPDES) permit issued pursuant to Section 402 of the Act (33 U.S.C. Section 1342). _2_ 3. The State of North Carolina, issued NPDES Permit No. NC0020745 authorizing the above discharge from the wastewater treatment system by said Respondent. Said permit was issued on May 1, 1989, and shall expire on March 31, 1994. 4. EPA has since 1980 operated a mandatory Discharge Monitoring Report Quality Assurance (DMR/QA) program including all major NPDES permittees under the authority of Section 308(a). The program is designed to evaluate the ability of each permittee to conduct analyses required by the Permittee's NPDES permit, and thus to assure the accuracy of Discharge Monitoring Reports (DMRs) submitted by the Permittee. 5. On February 5, 1990, EPA, under the authority of Section 308(a) of the Clean Water Act (33 U.S.C. Section 1318(a)), transmitted to the Respondent performance samples that the Respondent was required to analyze in accordance withinstructions accompanying the samples. Results of the analyses were required to be submitted to the Bionetics Corporation (an EPA contractor) on or before April 23, 1990. 6. The samples were received by the Respondent as confirmed by United Parcel Service receipt. 7. The required analytical results have not yet been received by the Bionetics Corporation. V I OLAT I ON The Respondent has violated Section 308(a) of the Clean Water Act by failing to provide the analyses results in the time period required under the February 5, 1990, Section 308(a) letter. ORDER Based upon the foregoing Findings of Fact and Violation and pursuant to the provision of Section 309(a) of the Act (33 U.S.C. Section 1319(a) as amended, it is hereby ordered: 1. That within thirty (30) calendar days of receipt of this Order, the Respondent shall if possible, conduct the analyses required by the DMR/QA program and submit the results to the Bionetics Corporation in accordance with the instructions accompanying the performance samples. A copy of the transmittal letter or an explanation of why it is not possible to conduct the analyses or report test results shall be sent to this office. 2. Under the provisions of Section 308, the Respondent shall have the opportunity to confer with the foliowing designated Agency representative: W. Ray Cunningham, Director Water Management Division U.S. EPA, Region. IV 345 Courtland Street, NE Atlanta, Georgia 30365 (404)347-4450 -4- Conferences must be requested within fifteen (15) days of receipt of this Order. Unless otherwise decided by the EPA official, this Order shall become effective upon expiration of the consultation period. 3. That within fifteen (15) days of the effective date of this Order, he Respondent shall communicate in writing the following: (a) The reason(s) why the Respondent did not submit the required analytical results on time. (b) The name and address to which performance samples for the next DMR/QA program (to be mailed in February 1991) should be sent to assure the Respondent's timely participation. At any time there is a name and/or address change, the Respondent is required to immediately notify EPA of such change. 4. Responses to Order Items 1 and 3 shall be submitted via registered mail or its equivalent. Copies of responses shall be sent to your State of North Carolina contact. EPA transmittals shall be sent to: Mr. John T. Marlar, Chief Facilities Performance Branch Water Management Division U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 This Order doe eon allied herel the violations cited tl, or for Date any other violations of the and nothing for the Order Ray Cuairx Director .tr Management Division 0,0:0 Sttp. r T.) S z u) Q 1 TATES ENVIRONMENTAL PROTECTION AGENCV DA", C ENVR3NMEIAL MANAGEMENT i?,aeigb, NC CERTIFIED MAIL RETURN RECEIPT REQUESTED REF: 4WM-FP REGION IV 345 COURTLAND STREET, N.E. ATLANTA, GEORGIA 30365 DEC 1 7 1990 Mr. Walter C. 011is Director of Water & Wastewater City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 RE: NPDES Permit No. NC0020745 Administrative Order No. 91-028(wWA) McGill WWTP Dear Mr. 011is: Pursuant to Section 309(a) of the Clean Water Act (the Act) as amended, the Director, Water Management Division, Region IV, United States Environmental Protection Agency, has determined that the above named facility is in violation of the Act. As a result, the Director has issued the enclosed Section 309 Order. This Order is issued to enforce existing requirements under the Act and, therefore, does not replace, modify or eliminate any other requirement. Notwithstanding the issuance of this Section 309(a) Order, EPA retains the right to bring further enforcement action under Section 309(d) or 309(g) of the Act, for the violations cited in this Order and for any other violation of the Act. Violations of the Act, including requirements contained in an NPDES permit or a Section 309(a) Order, remain subject to a civil penalty of up to $25,000 per day for each violation pursuant to Section 309(d) of the Act. Under Executive Order 11738 and EPA regulations issued thereunder (40 Code of Federal Regulations, Part 15), facilities to be utilized in contracts, grants, or loans must be in full compliance with all standards established pursuant to the Clean Water Act and the Clean Air Act. A violation of the Standards outlined in this notification may result in the subject facility becoming ineligible for participation in any work associated with a Federal contract, grant, or loan. Should you have any gues ons concerningthe enc osed Order please contact Thomas Piouff at 7 RincerelY Yours . T ®rlar, Chef "a i les PerformanceBranch Water Management BivisiOn North Carolina pepar lr Heal i Natural Resources UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV IN THE MATTER OF: City of Kings Mountain Kings Mountain, North Carolina ) Administra NPDES Permit No. NC0020745 Order No. 91-028(wWA) ORDER PURSUANT TO SECTION 309 CLEAN WATER ACT Pursuant to the authority of Section 309(a) of the Clean Water Act (hereinafter, the Act), 33 U.S.C.. Section 1319(a), which has been delegated to the Regional Administrator of the Environmental Protection Agency (EPA) Region IV and redelegated to the Director, Water Management Division, Region IV, I hereby make the following Findings of Fact and Violation and Order: FINDINGS ©F'FACT 1. City of Kings Mountain (hereinafter, the Respondent), a person within the meaning of Section 502(5) of the Act, 33 U.S.C. Section 1362, owns or operates the McGill Creek wastewater treatment system which discharges pollutants into the McGill Creek a water of the United States. 2. Section 301(a) of the Act, 33 U.S.C. Section 1311(a), prohibits the discharge of pollutants into waters of the United States except as in compliance with a National Pollutant Discharge Elimination System (hereinafter, NPDES) permit issued pursuant to Section 402 of the Act (33 U.S.C. Section 1342). _2_ 3. The State of North Carolina, issued NPDES Permit No. NC0020745 authorizing the above discharge from the wastewater treatment system by said Respondent. Said permit was issued on May 1, 1989, and shall expire on March 31, 1994. 4. EPA has since 1980 operated a mandatory Discharge Monitoring Report Quality Assurance (DMR/QA) program including all major NPDES perrnittees under the authority of Section 308(a). The program is designed to evaluate the ability of each permittee to conduct analyses required by the Permittee's NPDES permit, and thus to assure the accuracy of Discharge Monitoring Reports (DMRs) submitted by the Permittee. 5. On February , 1.990, EPA, under the authority of Section 308(a) of the Clean Water Act (33 U.S.C. Section 1318(a)), transmitted to the Respondent performance samples that the Respondent was required to analyze in accordance with instructions accompanying the samples. Results of the analyses were required to be submitted to the Bionetics Corporation (an EPA contractor) on or before April 23, 1990. 6. The samples were received by the Respondent as confirmed by United Parcel Service receipt. 7. The required analytical ,results have not yet been received by the Bionetics Corporation. VIOLATION The Respondent has violated Section 308(a) of the Clean Water Act by failing to provide the analyses results in the time period required under the February 5, 1990, Section 308(a) letter. ORDER Based upon the foregoing Findings of Fact and Violation and pursuant to the provision of Section 309(a) of the Act (33 U.S.C. Section 1319(a) as amended, it is hereby ordered: 1. That within thirty (30) calendar days of receipt of this 0rder1 the Respondent shall if possible, conduct the analyses required by the DMR/QA program and submit the results to the Bionetics Corporation in accordance with the instructions accompanying the performance samples. A copy of the transmittal letter or an explanation of why it is not possible to conduct the analyses or report test results shall be sent to this office. 2. Under the provisions of Section 308, the Respondent shall have the opportunity to confer with the following designated Agency representative: W. Ray Cunningham, Director Water Management Division U.S. EPA, Region IV 345 Courtland Street, NE Atlanta, Georgia 303 5 (404)347-4450 -4- Conferences must be requested within fifteen (15) days of receipt of this Order. Unless otherwise decided by the EPA official, this Order shall become effective upon expiration of the consultation period. 3. That within fifteen (15) days of the effective date of this Order, the Respondent shall communicate in writing the following: (a) The reason(s) why the Respondent did not submit the required analytical results on time. (b) The name and address to which performance samples for the next DMR/QA program (to be mailed in February 1991) should be sent to assure the Respondent's timely participation. At any time there is a name and/or address change, the Respondent is required to immediately notify EPA of such change. 4. Responses to Order Items 1 and 3 shall be submitted via registered mail or its equivalent. Copies of responses shall be sent to your State of North Carolina contact. EPA transmittals shall be sent to: Mr. John T. Marlar, Chief Facilities Performance Branch Water Management Division U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Da e does; not opera e as an NPORS p n h ng ed %n this Order, or the Order ehY other vie a onsthe Act. Ray Cunningh Management D ion State of North Carolina Department of Natural Resources and Community Development Asheville Regional Office James G. Martin, Governor S. Thomas Rhodes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION July 19, 1988 Mr. Walter C. 011is Water and Wastewater Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Dear Subject: Mr. 011is: David R. Spain Regional Manager City of Kings Mountain Permit Renewal, McGill Plant NPDES Permit Number NC0020745 Cleveland County, North Carolina Receipt of the following documents Application Form (One copy) Engineering Proposal (for proposed Request for permit renewal Permit Processing Fee Other is hereby acknowledged: control facilities) If any of the items listed below are checked, the application received is incomplete. The returned items must be re -submitted along with the following: X Application Form (in triplicate additional blanks enclosed) Engineering Proposal (See (b) 1-5 on attached sheet) X Permit Processing Fee ($150.00 made payable to NC—NRCD) X Other Cover letter requesting_renewal of NPDES Permit Number NC0020745. All requested materials should be submitted to the following address: N. C. Division of Environmental Management Permits and, Engineering Post Office Box 27687 Raleigh, North Carolina 27611 Intenchangt: Building. .59 Wbodfin Place,. PO. Box 370, Achrvi.lie, N.C. 28802-0370 • Tdtphone 71_34-2.53-3341 kr, FeVJA )1,0,04,71! ther aye guest ons egard ndthe renews ontac e# t Enclosure Roy M. Davis Eetmlts and Eng George Woad dames R. Reid Envir euts1 Chem A'1 State of North Carolina artrnent of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Mr.Walter Gllis City of Kings Mountain P.©..Box 429 Kings Mountain, NC 28086 Mr. Gi is: September 10, 1991 Subject: Toxicity Testing Protocol City of Kings Mountain NPDES No. NC0020737&NC0020745 Cleveland County George T. Eve Thank you for submittal of the Kings Mountain 7/91 chronic toxicity test results for the Pilot and McGill Creek plant effluent. The tests do not meet the test protocol required by the North Carolina Ceriodgphnia Chron'cEffluent Bioassay Procedure. Therefore, we have judged these analyses as "bad tes tS. The protocol guidelines stipulate that the test samples ntust be within 0 and 4 degrees Celsius upon arrival at the laboratory. The AT-1 form reveals that the first 7/23/91 test for the Pilot Creek WWTP had a sample one temperature of 4.3°C and a sample two temperature of 10.5°C upon receipt at the laboratory. The other 7/23/91 test had a sample two temperature of 12.4°C. The 7/23/91 McGill Creek WW P sample two temperature was also recorded at 8.0°C. We remind you King Mountain's monthly monitoring reports (DMR) to the Division's Central Files will need to be amended. The effluent DMR facility information must be completely filled out (at the top of the sheet) and the form should have "CORRECTED COPY" written or typed at the top. The parameter code of your particular toxicity test should be re-entered in an appropriate column with a brief explanation that the test was not suitable as performed. If you have any questions regarding this matter, you are encouraged to Group Leader, Data Assessment and Certification, at(919) 733-2136. cc: Rex Gleason ETT Environmental Inc. Enclosure Sine y, Supery Aquatic To ,c+' ogy Unit REGIONAL OF I -IC the or Matt Matthews,. t, Ph.D. Director Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/761-2351 Pollution Prevention Pays P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Ovportunity Affirmative Action Employer renTvirortmentiTal,ine. 7- Effluent Toxicity Report Form- Chronic Pass/Fail and Acute LC50 Date Facility City of Kings Mtn, NPDES#NC 002-0 711 Pipe # Laboratory Performing Test ETT ENVIRONMENTAL, INC. Signature of Operator in Responsible Charge County Clcv (144 Corrinients Th.Salrnpl/ 435 plcau,„.11 ,ke J1,1, fro, s 111h. I r , Thrll o,} MAIL ORIGINAL TO: Environmental Sciences Branch Div. of Environmental Management N.C. Dept, of EHNR P. 0, Box 27687 North Carolina Cerioda hnia chronic Pa Fail Rroduction Bioassa Raleigh, North Carolina 27611 5 6 7 8 9 10 11 12 CONTROL ORGANISMS Young Produced Adult (L)iv(D )ead Effluent% 25% 1 2 3 4 19 L TREATMENT 2 ORGANISMS 1 2 # Young Produced Adult ( L )ive (D )ead Control PH Treatment 2. Control D.O. Treatment 2 1st sample 7. f a r t ist sample 7.6 8.2 e n d 7.1 8.1 19 1st sample 7. 6 8.1 5 7 a r 1st sample e n d 18 11 18 19 20 22 20 21 66 5 6 7 8 9 10 11 12 0 0 2nd sample 7.7 7.9 7.7 7.9 s e a n r d 2nd sarnple 8.1 8.1 1...C50/Acute Toxicity Test (Mortality expressed as %. combining repikates) 8.0 8.0 LC50. 95%.Confidence Limits Organism Tested_ ethod of D Moving Average 0 Spearman Karber DEM four' AT-1 (3/87) rev, 10/90 0 0 0 Chronic Test Re Calculated t %Mortality Avg.Reprod. 0 Control 66667 Treatment 2 19.333 Control 1.5833 Treatment 2 % control organisms producing 3rd brood 100 Test 'tart Date Collection (Start) Date Sample 1 7)422-91. / Sample 2 7-25-$1 U/0 on Duration /1) Spec,Cond,(tunhos Chlorine(mga Sample temp, at receipt Concentration Mortality Probit Other start/end Note: Please Complete This Section Also start/end TT environmental,inc. Effluent Toxicity Repo Form- Chronic Pass "Fail and Acute LC50 Date 7-2391 'acility City o Kings Mtn. NPDES#NC pa 2 ©737, Pipe # aot Laboratory Performing Test ETT ENVIRONMENTAL, INC. Signature of Operator in Responsbl County No arolina Cerod CONTROL ORGANISMS it Young Produced Adult (L)ive (.D )ed Effluent% 25% TREATMENT 2 ORG # Young Produced Adult (L)ive (D )ead 1st sa Control pH Treatment 2 7.6 7.1 7.7 s e a r d lst sample Control f 7. 7.7 D.O. Treatment ronmental Science Branch MAIL OR R I V /__1 TO: Div I of Environmental Management N.C. Dept. of EHNR P. 0, Box 27687 a a Raleigh, North Carolina 27611 10 11 12 hnia Chronie P 2 3 Acute Toxicity Test Fail l edue 4 5 6 7 21 21 20 20 21 20 18 7, 6 7.E 7. 9 7.6 20 7.7 7.7 17 7.7 7.5 e 2nd sample (Mortality expressed as %. combining replicates) °fo LC 50= ©lsr % Confidence Limits %- rga. Teste 8.1 hod cif De a�a 17 Moving Average 0 Probit Spearman Karber D Other 20 L Chronic Test ReliuM Calculated t __... �r© ortah 0 Control 0 n 2 % control organisms producing 3rd brood 92 Hardness(mg/1) Spec.Cond.(urnhos) Chlorine(mg/l) Sample temp. at receipt Concentration Mortality I Avg.Re red. 18.917 Control 18.417 Treatment 2 Note: Please Complete This Section Also environmental,inc. Effluent Toxicity Report Form- Chronic Pas Fai and Acute 50 Date 7-23-91 Facility city of Kings Mtn. NPDES#NNC Laboratory Performing Test RTr F.NYrRr1NMRNTAL Signature of Operator in Responsible Ch INC. Pipe # County Comments Ttke MAIL ORIGINAL TO: North Carolina Cerodaphnia Chronic Pass/Fai CONTROL ORGANISMS 1 2 3 4 # Young Produced Adult Effluent% D )ead 91% _9 2 17 Environmental Sciences Branch Div. of Environmental Management N.C. Dept, of EHNR P, 0. Box 27687 oduction Bioassay Raleigh, North. Carolina 27611 5 6 7 8 9 10 11 12 18 2 TREATMENT 2 ORGANISMS 1 2 # Young Produced Adul. (D )ead Control pH Treatment 2 Control D.Q. Treatment e 7.6 7.2 7.6 1.7 s t e a n. r d 1st sample 7.4 7.7 7i7.9 22 2 0 2 lst sample 7.6. 7.7 , 7.3 8.2 s t e a n r d t lst sample 8.0 7.9 9.0 4 22 2 2nd sample 7.7 7.7 r.7 7.7 s t e a n r d 2nd sample 3,0 8.1 LC5a/Acute_To ic'ity Test (Mortality expressed as %, combining replicates) 3.0 7 9 10 Chronic Test Results Calculated t -1.366 %Mortality Avg,Reprod. 0 Control. 19.583 Control men t 2 % control. organisms producing 3rd brood 100 Complete Thus Fox- Either Test U/0 Sample temp. at Concentration ortality LC ESQ=� 35% Confidence Limits °/a- °fa hod of De n n Moving Average ❑ Pr©bit Lj Spearman Karber f Other_ start/en 20.818 Treatment 2 Test Sart Date / 7421 /91_ Note: Please Complete This Section Also start/end 0rganisyn 1 State of North Carolina Departr en t of Natural Resources and. Community Development Asheville Regional Office arrre G, Martin, Governor lam W, Cobey, )r., Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION September 16, 1989 Mralter tat lis Director of Water and Wastewater City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Dear Mr. 011is: Ann 11 Orr Regional Manager Subject. Notice of Violation Failure to Submit Toxicity Monitoring Reports City of Kings Mountain Pilot Creek Plant. NPDES Permit No. NC0020737 Cleveland County A review of our files indicates that you are not submitting the quarterly bioassay results for the City of Kings Mountain's Pilot. Creek wastewater treatment plant as required by NPDES Permit No. NC0020737 and JOC #88-31, The test results are required to be reported to this Division. by completing the State AT-a-1 form and mailing it to the address listed below within 30 days following the month in which the test was performed: Mr. Ken Eagleson. Environmental Sciences Branch N. C. Division of Environmental Management P. O. Box, 27687 Raleigh, North Carolina 27611 Additionally, the test results are to be recorded on the State Discharge Monitoring Report Form (MR-1), TGP3B should be entered at the top of the page as the parameter code and bioassay entered in one of the blank columns identifying the test procedure. Mr. Jim Reid of this office found that you were submitting this data but attaching it to the back of the MR-1 form. He has discussed the reporting procedure with Ms. Moss of your staff and it is hopeful that this will correct this deficiency. .ln¢erc harve Building 59 Wix Hn Place, Asheville, i .C. 28 1 • Telepl'704-25 -620S . Waiter ©llis September 16, 1989 Page Two Failure to submit the data in accordance with NPDES Permit and JOC requirements may result in enforcement action being taken against the City of Kings Mountain. Should you have questions concerning this matter, please contact Mr. Mike Parker at 704/251-6208. Sincerely, Roy 1. Davis, Regional Supervisor Division of Environmental Management xc: Ken Eagleson Kim Moss Jim Reid Tom Howard Mike Parker North Carolina Division of Environmental Management Water Quality Section Environmental Scie ces Branch November 17, 1.993 MORANDUM To: Rex Gleason Through: Larry Ausley m� Phil Bethea From: John D. Giorginq' Subject: Whole effluent toxicity test results of King's Mountain WWTP effluent (NPDES# NC0020737: Cleveland County). A 168 hour chronic pass/fail toxicity test was initiated on October 27, using composite samples of King's Mountain WWTP pipe 001 whole effluent collected on October 26 and October 29, by John Lesley. Kings Mountain WWTP is permitted to discharge 6.0 MGD to Buffalo Creek. The test organism used in the test was Ceriodaphnia dubia, commonly called water fleas. The toxicity test results are presented below. Tsai Result 168 hour chronic pass/fail toxicity test ® 33% Pass The total residual chlorine in the October 26 and October 29 samples, as measured at the Aquatic Toxicology Laboratory, were <0.01 mg/L and 0.01 mg/L respectively. If I may be of further assistance in this matter or if you have aquatic toxicity testing questions, please contact me or another Toxicity Evaluation Group member at (919)733-2136. Basin: 03-08-05 cc: John Lesley Central. Files Aquatic Toxic° ©gy Unit T©xici Evatuation oup 7 OF NAB RESOURCES 199 Method:XA/600/4--89,001 Dates ox 164 4 Greenville, South CaroCarolina2960 -i 1 City '.. Kings VTVAL' 338 Start Date: 7-21 2 exit :8 hr i Day Mortality Mortality 0 Fishe kart Test Ti k Time. i1 Average young 1 e Ie; 22,0 Standard Deviati n 2,6 Average Young / e ale 10,0 Standard Deviation: 3,6 Test aed; Equal Variance t Test: t- 1.Crit cal alue« 2,5i Client: City of Kinge Mountain ple ID: Effluent 378 Start Date:7-21-92 CONTROL SURVIVAL AND REPRODUCTION' p C2 C C4 Source C7 Cid C12 TEST ORGANI Dayl Day2 0 0 0 Day4 Ceriodaphnia dubia Age: 8 Hra, % Control Organisms Producing 3rd Brood: 100 Standard randomization board, Test Vessels: 30 ml plastic Test Vessel Volume: 15 ml Transfer Volume: 0.05 ml, Time: 1:10 PH C:33% NFDES4 NC0020737 QUALITY CONTROL County: Cleveland CONTROL WATER CHEMISTRY Day 0 2new 5old. 5new Day Day Day Day Day Day Day Day D.U. 7,6 8.8 8.6 and Toxicant: NaC1. Ta st Used: 48 Hour acute Definitive Central 'Tendency: 2.03 g/L Current Value: 2.1 g/L Deviations 0,5 Std Dev units. pH 7.3 8.5 8.3 8,3 7.9 7.7' 25.0 24.4 24.3 25,2 24,3 25,3 24,7 24,2 MC PAS/FAIL anutomic City of Kings Mountain Sample ID: Effluent -Pilot Cre o 378 Start Date:7-21-92 EFFLUENT SURVIVAL. AND REPRODUCTION plSourc E2 4 ay Y 2 9 10 2 Day 3 Day 4 Day 5 3 7 3 7 O 3 8 4 O 4 7 O 3 7 O 4 O 4 4 7 4 7 0 0 SAMPLING INFORMATION WC:33% Time:1:10 PH EFFLUENT WATER CHEMISTRY Day D.O. pH 2old 2new 5old 5new 7.9 7.5 8,9 8,8 7.6 8,8 8,3 8,6 9,6 84 5tart Date Dilution Water Sample 1 Sample 2 NC Comp Comp 7-21-92 7-20-92 7-23-92 Time Hardness Mg Conductivity Rea.. Cl ; 49.45 123.1 5050 4650 <0.05 ENVIRONMENTAL, INC (803) 322 - 6942 Effluent Toxicity Report Form- Chronic Pass/Fall and Acute~ LC5O Date 7-21-92 City of Kings Mountain e fprming Test North Caro Ina ETT Environment Environmental Sciences Branch Div, of Environmental Management N.C. Dept. of EHNR 4401 Reedy Creek Road riodaohnia Chronic Pass/Fail Revra4uction Bioassay Raleigh, North Carolina 27607-6445 CONTROL ORGANISMS 1 2 3 4 5 6 7 S 9 10 11 12 # Young Produced Adult (L) lve (D) ead Effluent% MAIL ORIG 24 TREATMENT 2 ORGANISMS i 2 # Young Produced Adult (L) the (D )ead Control PH Treatment 2 Control D.O. Treatment 2 7, 7 5 rl; s t e a r d 1st sample 13 a 22 e n d 1st sample kC50/Acute Toxicity Test (Mortality expressed as %, combin'ng LC50 ° 95% Confidence Limits Mo n 20 21 21 22 NAL TO: 21 22 2nd sample 7.i 7 7..3 0. 1 e a n r d 2nd sample 9.6 plicates) M ethQ f cf D 19 22 22 18 21 7 8 9 10 11 12 12 Average [ . Prohit 22 20 Spearman larber © other, Orgtttrlisarn Tested AT-1 (3/57 9'I 21 23 10 chronic Test Resulittt4 Calculated t 0.0 Control 0.0 Treatment 2 control organisms producing 3rd brood Hardness(mg Spec.Cond.iiimhos) Chlorine(mg/1) Sample temp. at receipt Concentration Mortality Avg.Reprod, 22.0 Control 2 <0.,0> (0,0 2.0'C 3.8' Note: Please Complete This Section Also Departmc James G. Martin, Governor William W. Cobey, Jr., Secretary Mr. Walter C. 011is PC Box 429 Kings Mountain, NC 28086 Dear Mr.. 011is: h Catalina and Community Development ntal Management aar ury Street • Raleigh, North Carob; 27611 February 27, 1989 Subject: Permit No. NC0020737 The City of Kings Mountain Cleveland County R. Paul Wilr�i Director In accordance with your application for discharge 7, 1988, we are forwarding herewith the subject State g permit receivedmit. ons permit issued pursuant to the requirements of North Carolina General Statute 143-215.1 Memorandum of Agreement between North. Carolina and the USP This permit is Agency dated December 6, 1983. and Environmental Protection If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to to Regulation a e unacceptable 2Byou, you may request a waiver or modification pursuant .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing.$ y following Please take notice that this permit is not transferable- addresses the requirements to be followed in case of change in ownership' or c this discharge.. control of This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or by the Division of Land. Resources, Coastal Area Management Act or any© Local governmental permit that may be required_ that Federal or Permits required If you have any questions concerningthis permit Harris at telephone number 919/733-5083. P please contact Ms. Lu1a Since1y, Cwiginarllfined By ART' UP MOUBERRY R•F44aul Wilms cc: Mr. Jim Patrick, EPA Asheville Regional Office P..C) lax 27687 f . tig:h. Permit No. NC0020737 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT To DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM in compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The City of Kings Mountain y authorized to discharge wastewater from a facility located at the Pilot Creek Wastewater Treatment Plant. U.S. Highway 74 Bypass Cleveland County to receiving waters designated as Buffalo Creek in the Broad River. Basin in rdance with effluent limitations, monitoring requirements, and other co.nd,itirsns set forth in Parts I, II, and III hereof. This permit shall become, effective March 1, 1989. This permit and the authorization to discharge shall expire at midnight on January 31, 1994. Signed this day February 27, 1989. Origi ARTHU Far; igned By FRRY R. Paul Wilms, Director Division of Environmental .Management By Authority of the Environmental Management Commission Permit No, NC0020737 SUPPLEMENT TO PERMIT COVER SHEET The City of Kings Mountain is hereby authorized to: 1. Continue the operation of a 4.0 MGD extended aeration type wastewater treatment facility located at the Pilot Creek facility on U.S. Highway 74 near Shelby in Cleveland County (See Part III of this Permit), and . Discharge from said treatment works at the location specified on the attached map into Buffalo Creek which is classified Class "C" waters in the Broad River Basin. �a nds 'KolY 1[unirria,l Ch' • l Survey trap Photography SCALE 1:24 a LiNITATIONS NI "I" RINO REQUII Final Sumer: April 1-October 31 During the period beginning on the effective date of Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permi.ttee as specified below: NPDES No. NC0020737 Effluent Characteristics Dischar ira Ibs/day her Units (Specify) hl+ Avg. Weekly Avg. anthly Avg. Weekly Avg, permit and lasting until expiration, the. Flow BOD, 5Day, 20 Degrees C ** Total Suspended Residue ** h3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Dissolved Oxygen. Total. Nitrogen (NO2 + NO3 + TIN) Total Phosphorus Copper Cyanide Chronic Toxicity *** Pollutant Analysis **** Conductivity 4.0 MGD 30.0 mg/ 1 30.0 mg/1 10.0 tag/1 100 .0/1©© ml. 45.0 45.0 mg l 15,0 mg 2000.0/100 ml 20.0 ug/1 ***** Measureme Frequency Continuous Daily Daily Daily Daily Daily Daily Daily Quarterly Quarterly Monthly Weekly Quarterly Annually * * Sample locations: E - Effluent, I - Influent; U - Upstream 100 yards from outfall, D Upstream anddownstream samples shall be grab. Samples shall be collected 3 times pe August, and September and once per week during the remaining months of the year. Sample T Recording Composite Composite Composite Grab Grab Grab Grab Compos ite Composite Composite. Grab Compos Grab *Sample Location 1 or E E, I 'U E, I E, U D E, U, D E E, U, D E, U, D E E E E E E U, D Downstream at NCSR 1103, eek during June, July, ** The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the. respective influent values (85% removal). *** Chronic Toxicity (Ceriodaphnia) P/F at 25%; January, April, July and October; See. Part 11I, Condition I. **** See Part III, Condition J. Daily 'Maximum Limitation The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shell be no discharge of floating lids or visible foam in other hen trace amounts. (1) . Ems' LIMITATIONS AND QUIR Final. Winter: During the period beginning on the effective date of the Permittee is authorized to discharge from outfall(s) serial limited and monitored by the Permittee as specified below: cent Character ti. .low 5Day, 20 Degrees C ** alai Suspended Residue ** 113asN ecal Coliform (geometric mean) 'otal Residual Chlorine emperature issolved Oxygen otal Nitrogen otal Phosphorus opper yanide hronic Toxicity *** riority Pollutants * Sample locations: E - Effluent, 1 Influent, U Upstream 100 yards from outfall, D - Downstream ** T'he monthly average effluent BOD5 and Total Suspended Residue concentrations ced1 at NCSR lla3, respective influent values (85% removal). shall not +exceed 15; of the Dis 4.0 MGD 30.0 mg/1 30.0 mg/1 November 1-March permit and 1 number(s) 001. 45.0 mg/1 45.0 mg/1 1000.0/100 ml 2000.0/1.00 ml 20.0 ug/1 ***** 31 NPDES No. NC0020737 tin.g until expiration, the Such discharges shall be Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Composite Grab Composite I or E E, I E, I E E E E E E E E E Continuous Daily Daily Daily Daily Daily Daily Daily Quarterly Quarterly Monthly Weekly Quarterly Annually *** Chronic Toxicity (Ceriodaphnae) n/r at bJ%y .;anuary, April 3n1 ► p Y, and October; See Part III,. Condition I. **** See Part III, Condition J. Daily Maximum Limitation The pH shall not be less than 6.0 standard units nor greater than �.p standard monitored daily at the effluent byun grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. E d shall be Chronic Toxicity Testing Requirement The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1). The North Carolina Ceri.odephnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure Revised *February 1987) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 2n (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 issuance 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 from AT-1 (original) is to be sent to the following address: Attention: Technical Services .Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shad be complete and accurate and include all supporting chemical/physical measurements performed in association with' the toxicity tests, its 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. .hould 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 reopened 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. 1) 2) permittee shall. conduct a test rent from the treatment plant. priority pollutants annually at the discharge shall be evaluated as follows: A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlor.ine pesticides and PCB's (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis (APA) Monitoring Requirement Reporting Form A, to be provided to all discharges affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis" (APA Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in each organic chemical analytic fraction (or fewer than 10, if less than 10 unidentified peaks) occur for chemicals other than those specified on the APA Monitoring Requirement Reporting Form A should be identified and approximately quantified as stated in the APA Reporting Form A instructions. This part (item 2) of the APA monitoring requirement is to be referred to as the "10 significant peaks rule". 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 Apri17, 1994 Mr. Ronnie Tignor Pretreatment Coordinator City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 Subject: Sewer Use Ordinance Review: Conditional Approval. City of Kings Mountain Cleveland County NPDES Permit No. NC0020745 APR r 7994 WOO t 1 l''E BE to Dear Mr. Tignor: The Division received the Sewer Use Ordinance for the City of Kings Mountain, the SUO Checklist, and the attomey's statement on January 3, 1994. The review of the Sewer Use Ordinance performed by the Pretreatment Group of the Division of Environmental Management indicates that the ordinance meets the minimum requirements of 15A NCAC 2H .0900 and 40 CFR 403 with the exception of the items outlined in this letter. The Sewer Use Ordinance is conditionally approved, contingent upon the completion of the required revisions. Please submit a revised Sewer Use Ordinance meeting the requirements outlined below by July 7, 1994. If only minor changes are required, you may submit only those pages that have been changed. The revised Sewer Use Ordinance should be adopted by the local governing body as soon as possible following revision. Upon adoption, please inform the Division's Pretreatment Group of the SUO adoption date. The 1993 NC Model Sewer Use Ordinance (SUO) should be referenced in making revisions to your ordinance. It may be found in Chapter 2 of the Comprehensive Guidance for North Carolina Pretreatment Programs. Required Revisions: Requirement 1. EPA MODEL NC ODEL L O Specific prohibition Fire/explosive hazard [60°C (140°F) flashpointi 2.1.B(1) 2.1(b)(1) 5.2.1(b)(11) Please include this specific prohibition exactly as written in the 1993 NC Model Sewer Use Ordinance. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 e% post -consumer paper Requirement 2. Specific prohibition pH/corrosion 2, 1.B (2) 2.1(b)(4) 5.2.1(b)( Revise this specific prohibition to state that "in no case shall the pH be <5." Requirement 3. EPA MODFT . NC MODEL LOCAL ORDINANCE 5peic prohibition Flow rate/concentration (BOD,etc.) 2.1.B(4) 2.1(b 5 none Please include this spec fic prohibition exactly as written in the 1993 NC Model Sewer Use Ordinance. Requirement 4. EPA OD NC MODEL LOCAL ORDINANCE Specific prohibition Toxic gases/vapors/fume 2.1,B(7 2.1(b)(7) 5,2,1(b)(7 The prohibition you have included here is actually an optional prohibition, which you may continue to include in your ordinance. However, the required prohibition for toxic gases, vapors, and fumes is not included in your ordinance. Please include in your ordinance the specific prohibition for toxic gases, vapors, and fumes exactly as written in the 1993 NC Model Sewer Use Ordinance. Requirement S. A OD NC MODEL 0 Affirmative defense for prohibited discharge standards 13.2 10.2 5. 0.2 The affirmative defense is only applicable for certain prohibited discharge standards and may not be extended to the specific prohibitions for explosives, pH<5, and trucked or hauled pollutants, found in Sections 2.1(b)(1), (4), and (8) in the 1993 NC Model SUO. Please correct the references in your ordinance so that they reference the correct sections of your ordinance for the specific prohibitions that are and are not allowed the affirmative defense. Recommended Revision: Local Ordinance Cite Section 5,2,1(b)(16) In this specific prohibition, the temperature should be is listed as 60 C rather than 46'C. Thank you for your continued cooperation with the pretrea questions or comments, please feel free to call Julia Storm wi Group at (919) 733-5083. Sincerely, A gram. If you haveany e Division's Pretreatment 1,7 A. Preston Howard Jr., P.E. JFS/kingsuo.001 cc: Mooresville Regional Offi Central Files Pretreatment Group 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 15, 1994 Mr. Ronnie Tignor Pretreatment Coordinator City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 Subject: Industrial Waste Survey Review City of Kings Mountain Cleveland County NPDES Permit No. NC0020745 Dear Mr. Tignor: N.0 DE T.V4VIIOtt RONMEts'r, HEAD T11., C49 NATURAL R 013RCES The Pretreatment Group of the Division of Environmental Management has reviewed the Industrial Waste Survey (IWS) summary received by the Division on January 27, 1994. The review indicates that the industrial waste survey was completed per Division Guidance and is considered adequate. The Division may look at this survey more closely during scheduled pretreatment program inspections and audits and provide additional comments and recommendations at that time. The definition of Significant Industrial User (SINU) in the State pretreatment regulations is proposed to be changed from dischargers of 50,000 gallons per day of process wastewater to 25,000 gallons per day of process wastewater. If this definition is adopted, dischargers meeting this criterion will not be required to be permitted until January 1, 1996. However, the Division encourages you to evaluate these dischargers at this time and to prepare to peitrtit them prior to January 1, 1996. Please remember it is the responsibility of the City of Kings Mountain to continue efforts to ensure that any Significant Industrial Users (SIUs), as defined by NCAC 15A 2H .0903, are identified and subsequently added to the City's pretreatment program. Thank you for your continued cooperation with the pretreatment program . If you have any questions or comments, please feel free to call Joe Pearce or Julia Storm, with the Division's Pretreatment Group, at (919) 733-5083. Grp, ingiws.001 cc: John Lesley, Mooresville Regional Joe Pearce, Pretreatment Group Central Files Sincerely, A. Preston Howard Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled! 10% post -consumer paper Division of Environmental. Management. February 2, 1.989 MEMORANDUM To: Dale Overcash. Front: Steve Tedder Re.: King's Mountain Pilot Creek, NC0020737, Cleveland Co. Facility request to modify months of quarterly toxicity monitoring schedule The Operator in Responsible Charge (ORC) for the subject facility has requested that the quarterly monitoring schedule for effluent toxicity which is currently specified in the NPDES permit as December March June September, be modified to January April July October. The same ORC is also accountable for two additional wastewater treatment facilities, King's Mountain McGill and Roadside Truck Plaza, both of which have permit requirements for quarterly effluent toxicity testing to take place in January April July October. The stated basis for the request is for synchronizing the effluent toxicity monitoring events for the three (3) treatment plants in order to streamline sampling and recordkeeping. We recommend that the quarterly months for effluent toxicity testing at the King's Mountain -Pilot Creek wastewater treatment facility be changed to specify Janua A ril July October. Upon completing such modification, please copy the Technical Services Branch so that we may update our records accordingly. cc: Ken Eagleson Dennis Ramsey Forrest. Westall 4444 MTh : January 27,1989 Steve Tedder, North. Carolina Depar Community Dve1ocen of Natural Resources & FROM : Kim T. Mbss, Operator in Responsible Charge SUPJECT : Citv of Kings Mountain Pilot & McGill Oreek W.P.C.F. & Kings Mountain Roadside Truck Plaza's W.P.C.F. Dear Mr. Tedder, If it would be. possible, I would like to make an request that, the samPling dates for the Chronic Toxicity Analysis be rescheduled for The City of Kings Mountain's Pilot. Creek & McGill, Creek. Wastewater Treatment. Plants along with the Kings Mbuntain Pcadside Truck Plaza's, Wastewater Treatment Plant events. As you are aware, I am presently the Cperater in Responsitde Charge of all (3) three Wastewater Treatment Facilities & it woulri: be at my best interst along with the. Laboratory's best interest if we could schedule these facilities Toxicity events on the sanemonth of the year. As it stands now, I am sampling the Pilot Creek and the Roadsirle Truck Plaza on the same months which are March, June Sentenber & Dec . As it has been brought to my attention we are now having to sample the McGill Creek for a Chronic Toxicity which, was suggested that we sample. on January, April, July, & Therefore if it is no trouble I would like to reschedule these months at the same, time in which I think will help me alot inkeeping up with the Laboratories and the Facilities. If you should need any Luther information, please feel free to contact me at the Pilot Creek W.P.C.F. @ 7:30 a.m. to 4:00 p.m. Tr r RECEIVED ,LAN 30 18 iCft SER ftL State of North Carolina De a en,t taf Natural Resources and Commu Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 June 8, 1988 James G. St Thomas R „des, Seer airy Mr. Walter C. ilis Pilot Creek WWTP' P.O. Box 249 Kings Mountain, NC 28086 Dear Mr. 011 ty Devel prnent R. Paul WI s Director Subject: NPDES permit/Specification of quarterly months in which to conduct required effluent toxicity testing The current NPDES permit for your facility was issued effective November 20, 1987 and includes an effluent toxicity requirement as Part I7"I, Condition J. Part III, Condition J requires that effluent toxicity testing be conducted on a quarterly frequency. This letter serves to specify the months in which your facility is required to performs quarterly effluent toxicity testing. Your NPDES permitted facility shall perform quarterly toxicity monitoring during the months of December, March, June and September beginning sixty days after the issue date of this letter. All other terms and conditions contained in the arigirz11 permit remain unchanged and in full effect. This 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. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit modification, this permit modification shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. If you have any questions concerning this permit modification, please contact Mr. Arthur Mouberry, at telephone number 919/733-5083. cc: Steve Tedder Asheville. Regional 0ffi Pollnaon .Peres en: Patin PC) Eir<x276S7 Rh Nor;h C.aro.¢na 7611 687 Teiephor919-733.71`)t. State of North Carolina Department of Natural Resources and Community Development Division ©f Erivironiriental Management 512 North Salisbury Street • Raleigh„ North Ca' rolina 27611 James C. Manin, Ckm!rnor S. Thorns Rhodes, Secretary Mr. Walter C. 011is City of Kings Mountain PO Box 249 Kings Mountain, NC 28086 Dear Mr. 011is: November 20, 1987 Subject: Permit No. NC0020737 Pilot Creek WWTP Cleveland County R. Paul Wilms Director In accordance with your application for discharge permit received on June 22. 1987, we are forwarding herewith the subject State — NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the'Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part 11, B.2. addresses the requirements to be followed in case of change in ownership or control. of this discharge. Act or any other the Division ntal anagement or by the Divi1c'n of Land Resources, Coastal Area Management Federal or Local governmental permit that may he required. If you have any questions concerning ths permit, please contact Mr. Dale Overcasb, at telephone number 919/733-50 .,. cc: incerely, kt, 11. Paul Wilms Mr: Jim Patrick, -EPA Asbvilla-RagiolraT,-2;::.S.Up**V1AUre A'41u6onPlezymnP(47., Permit No. NC0020.737 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT To DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North, Carol nn General Statute 143-215.1, other lawful standards and regulations prommigated and adopted hy the North Carolina Environmental Mnnagement Commission, nnd the Federnl Water Pollution Control Act, ns amended, THE CITY OF KING'S MDI3NTAiN is hereby authorized to 'discharge wa..tewnler. from n facility located at Pilot Creek Wastewater e Highway 7 F4ypass Cleveland County t Plant to receiving waters designated as Buffalo. Creek in the Broad River Basin in accordance with effluent limitations, monitoring regnirements, and other conditions set forth in. Parts I, II, and III hereof. This permit shall become effective November 20, 1987 This permit rind the authorization to discharge shall expire At. midnight on December 31, 3.988, Signed this day. of November 20, 1987 4„4,14„4L%4_4„ L *4444)U'L' R. Paul Wilms, Director Division of Environmental Mnnagemeni By Authority of the Environmental Management ( P remit No. NCOO20737 SUPPLEMENT TO f ERh1FT COVER SUEET The City of Kings Mruart:.aira horized to; Continue the operation. of sr 3.0 'MGI) extended aeration type w water treatment facility located at the Pilot Creek. facility Cleveland County (Subject to Part: III of this Permit); 2, After receiving an Authorization to Construct frnm the 'Division of Environmental Management, construct and operate additional facilities to expand the existing astewnter Lre«ltment fraci_lity to 4.0 MGD`(SeePart III of this Permit); find Daiacharge from said treatment works into RuffaioCreak which classified CIass "C waters in the Broad River Basin, , 777777m7 (1 TATIONS During the period begi the Permittoe is author limited and monitored by Went Charecte Ori 5Day, 2.0 Degrees C ** or,„al Suspended Residue ** as N (-Jai ColiforOjgeometric mean) esidual Chlorine: emperature otal Nitrogen (NO2 4- NO3 .4- TKN) ot,a1 Phosphorus oxicity riority Po1iti :;ample locations; E - Effluent, The monthly average effluent BO influent values (85 removal). 7;ir See Part III, Condition No. 1. Part III, Condition No. K. The rill shall not be monitored daily at the e There shall be no discKax14 NG REQUIREMENTS Final on the effective date of the to discharge from outfall(s) Permittee as specified below: Discharge Limitations permit and lasting until expiration or expansion serial number(s) 001, Such discharges shall be- o itoring juirenents lbajdeV) Other Units (ibgtstty2 Measurement Weekly Ag Monthly Av Weekl Avg. Frequency 3.0 MGD Continuous. 30.0 mg/1 45.0 mg/1 Daily 30.0 mg/1 45.0 mg/1 Daily Weekly. 1000/100 ml. 2000 100 ml. Daily Daily Daily Quarterly Quarterly Quarterly Annually inlluent. nd Total Suspended Residue concentrations shall not exceed, 15% of the respective Recording composite Composite Composite Gr b Grab Grab Composite Composite Composite *Sample Location 1 or E E, I L, 1 than 6,0 standard units nor gre by grab sample, than 9,0 d it and shall be fl ating solids or visible foam in other than trace amounts. NC0020737 Part 111 Permit No. NC0020737 J. Toxicity Testing Requirement The efflu etdischarge shall at no time exhibit chronic toxicity using tea eprocatlures outlined in: 1. TheeNotth 'Carolina Ceriodapletia chronic'effluent bioassay procedure ,(Nolth Carolina Chronic Bioassay Procedure - Revised *February 1987) Or subsequent versions. The efflent concentration at which there may be no observable inhibition of reproduction or significant mortality is 24% (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 within thirty days from issuance of this permit. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicityetesting 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 appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management PO Box 27687 Raleigh, North Carolina 27611-7687 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 must be measured and reported if employed for disinfection of he Should any tcst data frr,rn thLs onitori:u'require n t. performed by the NorthDivision of Environmental Management indicate potential impacts to the receiving stream, this permit may be reopened and modified to include alternate monitoring requirements or limitations. Note: Failure to achieve test conditions as specified in the cited document, such as minimum control organise survival and appropriate environmental controls, shall constitute, an invalid test and will require immediate retesting. Failure tosubmit suitable test results will constitute a failure of Permit conditions. evaluate.d'o fractions and of 40 CFR part Table test .the Appea,.l tow be requiieota, chemi is us t qui ement, t the priorlt performed Y po. accor CFR Part 136. Per it o. AC0020737 l'co.nduct a test fart priority:pollutants annually om the treatmtt"y,>latrt�. he discharge shall be volatie.fatioca''' ad ixatti:one. base/neutral. is e tt c e in Table II of. Appendix D. pheno1s listed in 122. The rmittee shall e , ' hb .e IV and V .c C Part T 22, P1. 'eaiserd harge,. ln`,�adib.b <t tli�. aboe':'res" t ai ialficant,,'i 7a` af` ht etit' i ifled. For the purpose o i pl i percent + f the GEC/M peaks shall be identif ied P All tests is with the EPA Referent. Methods dent rges ants nee ement n this' other °than sh it he listed in 40 Department of i State of North Carolina ural Resources and Community Development Asheville Regional C ttic RIlcd SCc r'e,sttl`' DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION January 12, 1987 The Honorable John Henry Moss, Mayor City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: Biomonitoring Inspection Effluent Toxicity Test Results NPDES Number NC0020737 City of Kings Mountain - Pilot Creek Wastewater Treatment Plant Cleveland County, North Carolina Dear Mayor Moss: The Division of Environmental. Management has cart pleted a toxic.ty test performed on an effluent sample collected December_ 3, 1985, from your facility by Division staff. A copy of the 'Ii assay inspection Report is attached for your information. Results from this toxicity test indicated that there was no acute mortality irnr the test population (Daphnia pulex) in 90% effluent during the 48 hour test period. This data indicates that acutely toxic impacts to downstream aquatic life are not expected. It should be noted that the static bioassay is used for screening purposes to determine priorities for scheduling on -site investigations, requiring self -monitoring toxicity testing and establishing toxicity permit limitations. In the future you may be tetested again to determine any changes in your current status. Mayor Mess January 12, 1987 Page Two A ooPy of the test description and procedures is attached for Your reference. If you have any questions, Please contact Mr. Mike Parker at 704/253-3341. EW:MRPhlis Enclosure ke: Dennis RamseY Steve W. Tedder Gil Wallace, EP Walt 011is Janes R. Reid SitoerelY, ortest R. Wentall W'ater Quairty Regional Supervisor Transaction Ao Slates Ecvwit esncere c t& r 4 u r Agency Washington, D. C, 204& NPDES Compliance Inspection Report Secticrrs A. Neticrrtsi Cata System Cotlinr NPDES o, riay Inspectiran Type Inspector Pay Type 17 ved facio,ty Ew�alaation Rating Bl 69 71 7 acne and Ecicatian o Facility Inspected epresentattve(s) Fatli Data Titles) Title 'c '-7?9 2C-4 Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsstisfaciory, N = Not Evaluated) Permit Flow Measurernent Records/Reports Laboratory Facility Site Review Effluent/Receivang Waters Section D: Summary of Frnr*dings Comments (Ac AQency/°Office/Tetephcne 'U- Pretreatment Compliance Schedules Sett -Monitoring Program el sheets if Hares egttiatory Q Fiat Use fartly Taken 0 EPA Forrn 3560-3 (Rev_ 3•RSl Previous ectiticns are obsolete. P rrxmit Expird Lion QCon tar�� cYt-t-e-d Yes l(J © ratieatts EZ Maintenance Sludge Disc al Other: Is ''(,has r Compliance Status Noncompliance LJ Cam 6e nce the cladaccran Da,phni ,rlrx to estimate the toxicity of waste discharge to aquatic receiving streams, All test and samplaasware end equiprn fit are waatied with soap and hot water, then rinsed in nitric acid, acetone, atilledldeionized water, to remove alt toxins and contamsnants. Effluent samples are ctstlected by DEM Regional Office or Aquatic Toxicology personnel. All samples are collected chddted and above chlorination unless otherwise specified. Each aarnple is collected as a grab or 24 hour compos¢le using an automatic sampler and is sent chilled to the Aquatic Toxicology Laboratory by ed wi1h 72 hours after 48 C air Daphnia pu1ex Screening Eivassa• Aquatic Toxicology Group N C Division of Environmental Management The Aquatic Toxicology Group performs 48 hour static bioassays Stete Court collection, or bus The sample must be The samples are prepared for testing by being thoroughly mixed, adjusted to standard test temperature, and aerated if dissCtved oxygen saturation. Chlorine is removed with sodium thiosuttete if applicable. effluent is then diluted with D. pulex culture water, typically to seven concentrations twith replicates! from 0 to 90% effluent and trait at pH and Da are recorded. Each test chamber receives 100 mts total volume and len Q. pulex test organisms, 0-24 hours otd. The test is conducted in a 20 degree centigrade incubator with a 14:i0 hour lightsdark cycle Mortality of the D. pule. Is recorded atter 48 hours, along with final pH, dissolved oxygen, and temperature, the treatment system pernrit'ted flow bWC .are then used to predict itoxicity, If the effluent toxicity 6ne/0R the lWi: are high, a persistence biosssey may be conducted, This Involves a second static Da ;u,sex bioassay on the same effluent sample after it has been exposed to Might and aeration for an addit1onal 48 hours, It there s e 100% radduction in the LC60, the etfiuent is =onsrdered t be non-persi5ter1 A 48 hour LCaa, or concentratixn al effluent lethal to 50% of the test organisms in 4E hours„ is calculated from. the mortality d a, An instream waste concentration (IWC) for the effluent in the receiving stream is calculated using and g stream 7010 flow, The LC,FQ and Guidance Document: 1985, U. ,E.P,A Methods for Measuring the Acute loxicity of Efflueais to Freshwater end Marine Organisms. Third eda'tron (EPA/600/4-65/°-13) DIVISION OF ENVIRONMENTAL P ANAGEMENT September 20, 1989 MEMORANOUP To: Forrest Westall Through: Larry Ausley ..; Frorn: Thom Mistele Subject: Effluent sample of King's Mountain -Pilot Plant, NC0020737, Cleveland. County The sample of the King's Mountain -Pilot Plant effluent collected by Jim. Reid on September 15, 1989,.was received by the Aquatic Toxicology Lab on the morning of September 18, 1989, at a temperature of 13°C. This temperature exceeds the acceptable maximum of 4°C. For your records, we performed the remainder of this test. The results will not be reported through regular DEM channels, since the test conditions did not adhere to standard precedures with regard to sample temperature. The 168-hour Ceriodaphnia dubia chronic pass/fail test as performed indicated no chronic toxicity to test organisms exposed to 33% sample (the test concentration arranged by Jim Reid and myself). If I can be of any assistance, please contact me at (919)733-2136. cc: Jim Reid Basin: 030805 State of North Carolina Department of Natural Resources and Community Development Asheville Regional Office James G. Martin, Governor W Cobey, „ir,, Secretary DIVISION OF ENVIRONMENTAL. MANAGEMENT WATER QUALITY SECTION September 16, 1989 Mr, Walter 011is Director of Water and Wastewater City of Kings Mountain Post Office Box, 429 Kings Mountain, North Carolina 28086 Dear Mr. 011is: Ann B. Orr Regional Manager Subject: Notice of Violation Failure to Submit Toxicity Monitoring Reports City of Kings Mountain Pilot Creek Plant NPDES Permit No, NC0020737 Cleveland County A review of our files indicates the: you are not submitting the quarterly bioassay results for the of Kings Mountain's Pilot Creek wastewater treatment plant as raqiired by NPDES ,Permit No. NC0020737 and JOC #88-31. The test results are required to be reported, to this Division by completing the Sta:e AT-1 forrn and mailing it to the address listed below within 30 days following the month in which the test was performed: Mr. Ken Eagleson Environmental Sciences Branch N. C. Division of Environmental Management P. 0, Box 27687 Raleigh, North Carolina 27611 Additionally, the test results are to be recorded, on the State Discharge Monitoring Report Form (MR-1), TGP3B should be entered at the top of the page as the parameter code and bioassay entered in one of the blank columns identifying the test procedure. Mr. Jim Reid of this office found that you were submitting this data but attaching it, to the back of the MR-1 form. He has discussed the reporting procedure with Ms. Moss of your staff and it is hopeful that this will correct this deficiency. ntri5chanpe. Buildir 59. WOodfin PIcc, As -!lc,, NC. 2801 • Telephone 704,251-6208 . Walter 011is september 16, 19[El Page Two Failure to submit the data in accordance with NPEES Permit and Jmc requirements may result in enforcement action being taken against the City of Kings Mountain. Shodld you have questions concerning this matte, please contact Mr. Mike Parker at 704/251-6208. xc: Ken Eagleson Kim Moss Jim Reid Tom Howard Mike Parkery Sincerely, Roy M. Davis, Regional Supervisor Division of Environmenta1 Management State of North Carolina Department of Natural Resources and Community Development Asheville Regional Office. James G. Martin, Governor S. Thomas Rhodes, Secretary Division of Environmental Management Water Quality Section July 29, 1988 Mr. Walt 011is, Director Water and Wastewater City of Kings Mountain P. O. Box 429 Kings Mountain, North Carolina Dear Mr. 011is: 28086 Subject: David R. Spain Regional „Manager Notice of Non -Compliance Bioassay Monitoring Results City of Kings Mountain Pilot Creek Plant NPDES Permit No. NC0020737 Cleveland County A review of our files indicates that you are not submitting the monthly bioassay results for the City of Kings Mountain's Pilot Creek wastewater treatment plant as required by NPDES Permit No. NC0020737. The bioassay results are required to be submitted en DEM Form AT-1 (copies attached) to the: Technical Services Branch Division of Environmental Management P.O. Box 27687 Raleigh, North Carolina 27611 The bioassay results are also to be reportedon the MR-1 Monitoring Report Form using TGP3B as the parameter code. Failure to submit these reports, subjects the City to possible enforcement action, including civil penalties. If you have questions or need assistance, please call Mr. Mike Parker, at 704-251-6208, Budding, 59 PLR:c, PO, j88020371* rt,"k"PhOrle 71 Mr. al 011ie Page Two July 29, 1988 Enclosure George Wood I(im Moss Steve Tedder Jim Reid Mike Parker ror e RQ Westal Regional Water Qual Supervisor THE INCORPORATED 74 TY OF !NGS NORTH CAROLINA ----------------- QUNTAIN P, 0'; BOX 429 KAN(iS MlOUNT,AIN., NQRT 4 A.AROUNA August 4, 1988 'Ib: Mr. Mike Parker c/o Technical Services Branch Division of Environmental Management N.C. Dept. of NI.CD P.O. Box 27687 Raleigh, N.C. 27611 Dear Mr. Parker, I aplogize for the mix up of Technical Service Branch. of iings.Mountain N. Piedmont Ave. > ngs Mbuntaix*, N.C. 28086 e DE Form AT-1 to the Enclosed are copies of the Bioassay Analysis that were performs on the MPGill and Pilot Creek W.P.C.F. for the previous months of May and June. I^de are now following the scheduled which has been requested by E.P.A. on Bioassays for the M Gi11 W.P..C.F. and the Pilot Creek W.P.C.F.. Future results for these trea Technical Branch Service as r 1988. plants will be submitted to in Mt. Wilms fetter dated June Again I apaloglze for the inconvien e others that are involved in obtaining and r The Hista Ci i.s has caused you and se results. or Your Corporation Noss, O.R.C. cluiru mgf aite i] iflc 54 RAVENSCROFT DRIVE ASHEVILLE, NC 28801 704 - 254-7176 Kim Moss Kings Mt.. Pilot Creek 1013 N. Piedmont Ave. lungs Mt., NC 28086 Facility: Pilot Creek Analysis Start Date:06/2 8 Dilution Water Source:Bent Creek Date Reported:07/01/88 pH Ceriodaphnia: 7 day Mini -Chronic Bioassay Method: EPA /600/4-85/014 February 1987 Revision NPDES # NC0020737 Pipe #1 County:Cleveland 1ST Composite Sample Date:06/20I88 Received Date:06/21/88 2ND Composite Sample Date:06/23/88 r Received Date:06/4/88 Biologist:Linda. Mackenzie Dilution ,Factor:24 Certified by: DO Temp. Conductivity Res. C1 Hardness In 7.35 8.75 25 Out 8.00 9„35. 25 Control In 7.75 9.70 25 Out 8.25 9.40 25 In 7.70 9.25 °5 art 7.65 8.95. 25 1ST Composite Sample 7.05 10.30 25 1ST In 7.35 8.90 25 Dilution Out 7.95 9.85 25 Renewed In 7.70 9.45 25 Dilution Out 8.15 9.25 25 2ND Composite Sample 7„20 11.20 25 2ND In 7.60 9.35 25 Dilution Out 7.65 8.85 25 150 0„1 710 <0.1 39.1 SOURCE TESTING / AMBIENT AIR / WATER / WASTEWATER / HAZARDOUS WASTES / INDUSTRIAL HYGIENE / GROUNDWATER / CONSULTING POHMOARIliesbmol 54 RAVENSCROET DRNE ASHEVILLE, NC 28801 704 - 254-7176 Client Pilot Creek Control Organism Re raductien 1 2 3 4 5 6 7 8 9 10 11 12 Day 2 (Y) 0 0 0 0 0 0 0 0 0 0 0 0 (4)LLLLMLLb1LL8 Day 5 (Y) 12 12 8 8 9 13 15 12 13 10 11 4 (8)1.bLLLLLLLLL8 Day 7 (Y) 6 6 6 3 5 1 6 4 7 0 6 5 (A)LLL L L L L L L L Lb Total voimg: le 18 14 11 14 14 21 16 28 10 DI 9 Treatment Dilution 24 14 Organism Reproduction 1 2 3 4 5 6 7 8 9 10 11 12 pay 2 (V)0 0 0 0 0 0 0 0 0 0 0 0 (8)LLbeLLLLDLLD Day 5 (V) 11 13 13 11 13 13 14 12 12 13 14 14 (4)LLLLLLLLLLL1( Dag 7 (Y) 8 8 7 7 6 11 9 8 6 8 5 5 (A)8LLDLLL1(81_ Total Young: 19 21 20 18 19 24 23 20 18 21 19 19 (Y) = Number of Young Produced (A) . Adult: L= Live; D = Dead Dunnett's t = -3.969 Comments: Percentage Morality Control 0.00 Treatment 0.00 Average Reproduction 15.17 20.08 Total Number of Young Control 162 Treatment 241 Passed XX Failed SOURCE TESIZNG / AMBIENT AR WATER / WASTEWATER / HAZARDOUS WASTES / INDUSTRIAL. DY GENE / GROUNDWATER i• CONSULTING RAVENSCROFT A HEVILLE, NC 28 0 704 - 2 4- r 1 7 NUM.ER OF OITR,+L DATA SAMPLE REAR®VDU T ON DEATH VE I Ring's ot Cry Date Statistical Data For 7-Day C ronic Bi Asap DUNNETT' E T ETH D 10 12 14 1.4 14 16 20 10 TEST DATA REPRODUCTION - DEATH DU i ETT' 3 T A --3. 9 9 MINIMUM UM IFI A T DIFFERENCE A PERCENTAGE MORTLITY CONTROL A 0.00 PERCENTAGE MORTALITY TREATMENT A AVERAGE REPRODUCTION CONTROL A 1 . 17 AVERAGE REPRODUCTION TREATMENT = 2 TEST PASSED AM Ei1 NT A!!"# V,. AIL R ..+ 44`ASTUW`ATER f HAZARDOUS L"."ASTES 19 20 18 19 4 3 20 8 19 A ENE: r 'ATER T CC7N.aUtw.:T3tVCa E ' Tucnt .Aquanxicit . fn� crl dauhnlaShrrnlc Pas,/Fail ,Rcprcrducti n B1cr 1nlsIIn Reprpdsictiori ti Young Produced Adult (L)ive (D lead t Young Produced Adult (141ve (D lead Control pH Treatment 2 Control aea. Treatment 2 sample 7.4 7.4 a r 1st sample 8.0 8.0 8.8 8.9 used as e n d i.C50= 95% Confidence Limits 1 2 3 4 18 2 7.8 7.7 14 pie s t e a n r d 1st sample 9.7 3.5 9.4 9.3 11' 14 14 av Qr, anlsrn# 7 8 9 10 11 12 21 4 5 6 7 2nd sample 7.7 7.7 7.6 a r 2nd s 9.3 9.4 combining replicates) Mall original to: ATT: Technical Services Branch Diw.of Environmental Management _C. Department al TNIR.CD f'.C. Box 27687 Raleigh, N.C. 2761. 1 DEM form AT-1. (3/87i rr-v.8/+ 7 7.7 e I1 d 9.0 8.9 16 20 10 c 17 st'on Dat pie 1 06 /20 12 c Tcgt R Contra PASS FA Sample 2 t?6 Hardnesstmg/la Spec.Cond.(}unhosl Chlortne(mg/1) Concentration. Mortality_ start pH Note: Please Complete This Section Also nd Contr High Conc. Organism Tested Cer^iodaphnia start/end D.O. ciihn1 hushing inc. 54 RAVENSCROFT DRIVE ASHEVILLE. NC 28801 704 -254-7176 Kim Moss Town of KinGs Mtn,-Fildt Creek 1013 N, Piedmont Ave, Kings Mtn., NC 23086 Ceriodaphnia: 7 day Mininaronic Method: iFFA D600/1i235/014 Febrdar,,,J 1927 Revidicn Facility: Town of Kings Mtn.-Pilot,Creekt Analysis Stern Date:05/23/2R Water Sednce:Pent Creed Date Reported:Z6/02/Se MP= 4 ilC0020777 Pipe 41 CzantylCieveland 1ST Composite Sample DateMi05/2085 Received Date:05/25/88i 2ND Cdmposite Sample Datg105/25/?8,', Received Pate:05/2.6780 Eidloi.3ist:Linda Mackenzie Dilution Factor:24% Certil:lee Da Temp. linrductivity Res, Ci Mardneee In 7,70 3,05 2: (Jut 7,175 0.41i 5d Contpd1 in ,55 3.70 .i75 Cut In 7.70 8,40 Out 8.15 10,30 1ST Cededdite linw*15 7,07, 7,00 25 1ST In Dilatiiin Oct Renewed In Dilution Opt 2ND Composite Sample 2ND le Diluti55 Out 7 —To7 0.40 8,65 a 'T 25 9,00 25 9.05 i ,79 25 25 151 SOURCE TESTING / AMBIENT AIR / WATER / WASTEWATER / HAZARDOUS WASTES / INDUSTRIAL HYGIENE / GROUNDWATER / CONSULTING OfllifilheShIHQ100 54 RAVENSCROFT DRIVE ASHEVILLE, NC 28801 704 - 254=7176 10009100A R0prz0azta1314, 4 0 9, 7 51 9 10 11 12 Day 2 (Y) 0. 0 0 0 0 (?) 0 0 0 0 A ) L L L Day 5 1Y1 12 11 27 2 2 1 2 3 16 L LL. D -1103: 7 12 .411- • tz Total Young: 19 22 13 20 31 2,3 23 20 1-73 15 24 Treatment elluttdo 211 Organlm REprGduction 3 , - 71 8 '10 11 12 Day 2 1233 0 0 0 0 0 0 0 0 0 0 0 LI 1A1, L L, l• ... 2 .... '...... L i• ). 1._ 1 111,ay 7 (7).4) 10 10 11. 14 7 -72 211 14 A Totafi Young: 16 14 24 37 i6 31 2S 14 11 18 21 34 (Y) = Number of Young Pnoduced (A: = Adult: L 4 810ec D 4 Dead 2.2 _ D nnett 900 Pet CET-Ct. g A \e'er.; g e Reprodetot 011 Control, 8. '03T, 19.08 Ti-eatelertt 22.00 Cent)). ol Treatetent Passed 4 •41/ • 126.4,..........1112 SOURCE TESTING f AMS NT AIR / WATER WASTEWATER f HAZARDOUS WASTES tNOUSTRIAL HYGIENE / GROUNDWATER CONSULTNG ha 54 RAVE S RQFT DF IVE AS EVILLE, NC 2aeo# 704 - 28 -7176 10 1 1:': sIGNIFIcANT ; PERCENTAGE MORTAL LITY' PERCENTAGE AVERAGE RERRC AVERAGE REP RO SO FFERENCE = 571 14 �, CONTROL R:19. 08 TRRATT'}, TEST PASSED 28 SOURCE TESTING AM8dENT AIR t WATER t WASTC WATER J HAZARDOUS WASTES NOUSTRIAL HYGIENE f GROUNDWATER ! CONSULTING uent Aquatic Toxicity Report Form/Chronic Pass/Fail and LC50 Date 6/2/88 Control greiril Reproductior1 # Young Produced Adult (Wive (D lead Control PH Treatment 2 7.7 7.4 3.0 7.91 s t e a n r lst sample Control D.O. Treatment 2 8.1 8.4 8.5. 8.7 Pjlot 111-1pRk 1,,,TI)I.Nc 0020737 IxlCjunyCieve1and 1 2 19 16 22 14 13 24 4 20 31 23 Oreanism# 7 8 9 10 11 12 23 20 7 2 15 24 tpronism# 4 5 6 7 8 9 10 11 12 37 16 31 28 1st sample 2nd sample 7.6 7.6 8.0 7.7 7.9 8.2 7.9 t e a 9 a n r u r d 1st sample 2nd sampl 8.7 0.9 8.9. 3.0 8.4 9.2 10,3 10.7 LC-DO/Acute Tonicity Test (Mortality expressed as %, combining replicates) 45A3 LC50= 95% Confidence Limits %_ _910 14 ,11 18 21 34 Chri,nlc Test Res • po 0/ ortaifl Avg,Reprod 8.33 Contro 19.08 Contro .00 22.00 itment. 2 Treatmen A FA Ch ete This For Either T s Hardness(mg/1) Spec.Cond.(gmhos) Chlorine(mg/1) 50.5 151 (J) 0/0 thod of Determination Moving Average E.1 Spearman Karber Ej Mail original to: Arr Technical. Services 13ranch Div.of Environmental Management N.C. Department of NRCD P.O. Box 27687 Raleigh, N.C. 27611 DEM form AT-1 (3/87) rev8/87 Probst Ei Other__ Concentration PH Note: Please Complete This Section Also D,O, Organism Tested ''?-Crerloclaptie:14:611 State of North Carolina iepartment of Natural Res,,:)u.rces and Community (sleree, Goes( Saliv(!ila( Reale, SecTrary DIVISION OF ENVIRONMENTAL MANAGEMENT' WATER QUALITY SECTION :January 22, 1988 Mr. Walter 011is Director of Utilities City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina Subject: Dear Mr. 011iq 28086 .„)eve)rrnerlt Biornonitoring Inspection Effluent. Toxicity Test Results NPDES Permit Number NC0020745 City of Kings Mountain -McGill Creek Plant Wastewater Treatment Facility Cleveland County, North Carolina Our Division collected an effluent sample from the subject facility on December 1, 1987. This effluent sample was tested for toxicity using chronic bioassay methods. Our data indicates that your facilitv failed this examination as measured by these tests. re).- dua,s„--, - lee easosea (ls (a smaY)., water flea) to an effluent concentration for a period of seven days. This procedure yields a final toxdoity result designated as either pass or fail. A failure means that at a waste concentration predicated by the, 7(210 low stream flow and th.e permitted discharge volume (IWC), either reproduction or mortality was significantly different than the control population. A pass indicates that both of these criteria. were not different than the contrel population. Please note thatthese test results will be used, when approt,riate, to. establish, future monitoring requirements and identify areas needing further study. You. can also expect additional testing at this facility by the. Division, as well as possible permit modification if deemed appropriate. Mike or - Enc osure RamseY Steve Din Ahern, EPA Michael R. Parker James R. Reid Mayer Kyle Smith gue- in erely, ntact Mr. NRDE Complian a Inspection Report yr!rn /cday Section x gi Ttti o No, 769 nt nt Cc & diitCr3 ti _� E4idsrrat.�'svrirt rttu, g € `='tE�crt.r) e xic n :, racnrrrea r a is din (Aar ct, c dttrr rz Anorov P r i E%p;ratacn </-2 9-,i.'/ y t-,t A.0;!tr; Ar4tiatiC. 5722eit .7 it thiiiia tratia 7% cc '227 icotte.2 -these ar,i7 ittr;atoisiteos aeor ccorcarataatscoo oriat7o4F-7-: e„ oho tictrics ;oats'. -r"2:"1":i est.. tottatettatt sottr 5 ties, tt-t" scOisitior 07SY LS zt 2ra, ,;„Itoestes ctoes,racis oat! iacttchit hor tThytc.Deriot. AL": Lest, am! sertc!hoti g!arastvare anct aticeaqi7eitent acre washaif S,D4C, and hot, weer, tree, ri4ticla ace,74st, ars: aitualetittotittioseate statiesat att tosers Acittarnhilants. iffloorai sainatitsto Cti,171 ';:terttocre 5aiTach acri„cait,o7 Toxicache7,237 persorrite, ,s2i7 iiachhhes arri elitaittec creasof are!. tstehtet etiortratoch veiataAs othistrAhse stet:02,1d 2ach isairstAo retteced es a ctr7ab oci 24 hatur ctimposhoe 8',7'tt)-rl.V:!7` T'774!',•7t":%:',gY `y ty,/ Ccurier teas, The shamt7ht '7!r,tr:s e'ler The act-TS:eat sere -ties art preset -Et fiictr toti hiang Lectre2ealy nt','KetL ett_tusti%t st3r,d3rt Liersecatorre, ant aereet dratahleetai ethairtan tseccat rat-19/2 lOtatiti reso:tee chletterit measureff Trre, with organisms less thart 24 hours old and writhin, -4 hours or cacti other. The test is begun rrhen the neonates are introduced into the test chambers. Temperatures must be within dearee centigrade for 0rAr+cfpr Th€ ,organi;rns are transferred daily to raw test chambers conteming freshly in xed soiutions, DIssolved oxygen. pH. and temperature are measurer twice for each batch of test solutions. The initie veue taken bore the orgensrn is introduced Smc!L yelue after the t-..,rqat-,,,srr, has„ been transferred of.Jt the flext nay, The organ!vnt: LAre fed daily Ezra-, erganism receiNte50.'i rn!. of fermented' trntct chow' -yeast foy, erode d A5 recistodurtoon bestarts, Laahy atrierte test restcerteits, note ar 'Lrt,firrr'r'f7,77: t new charrther% arcr COnCSOLcattc; n7tric ttifi thanit,,er 5-hit tiht aittiass,a um:its a dmatte77.1ing IThCrOSCA,Ct A meeir, ?C'r CI rP.1:%::;7,7 t7t th7n it77' '54.71,stcr 77:17',i7"7171'i inv.aiiCiatf5 a '7Cf • '11. : 1..(7 (-t"SrlYtTder State of North Carolina Department of Natural Resources and Community Development Asheville Regional Office )ame C.Martin, (l„,-,overnor S, -1-hornas Rhodes: Secretor,' DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION January 12, 1987 The Honorable John Henry Moss, Mayor City of Kings Mountain Post Office. Box 429 Kings Mountain, North Carolina 28086 Subject: Dear Mayor Moss: Biomonitoring Inspection Effluent. Toxicity Test Results NPDES Number NC0020737 City of Kings Mountain - Pilot C. Wastewater Treatment Plant Cleveland County, North Caroiina eek The Division of Environmental Management has completed a toxicity test performed on an effluent. sample collected December 3, 1986, from your facility by Division staff. A copy of the Bioassay Inspection Report is attached for your information. Results from this toxicity test indicated that there was no acute mortality in the test population (Daphnia 'ulex) in 90% effluent during the 48 hour test period- This data indicates that acutely toxicimpacts to downstream aquatic life are not expected. It should he noted that the static bioassay is used for screening purposes to determine, priorities for scheduling on -site investigations, requiring self -monitoring toxicity testing and establishing toxicity permit limitations. In the future you may be tested again to determine any changes in your current status. ro,,, too N FRW:MRP:1 pcnni Steve Tedd Gil Wallace, James R. ?d desoriPr on and Procedu is attached You, have anv questions, Please contact ncerelys Transaction C Prorocti*n A 0450 NPDES Compliance inspection Report Facility wttuuattan Rating 69 7d On -Site epresen f— Name, Addres ords/Reports ty Site Review Section As National Data System Coding yr/mo/day Remarks _�. I ection SA Fa Title Phone 0P1 rt C: Areas Evafuatad trrintt easurement uent/feceiving Waters ion Ds Summit sf Findirt Names and Sigrtats.rr s) of tnspAgency; i'Pfice/Teiephon+ f Reviewer Action Taken Inspection Type In Entry Tern V OMB No 2040 0003 xpires 7.31-85 Permit Effective Cate xit Time/Date Pep /Z7$;, • Unsatisfactory, N =Not Earaftratadp Pretreatment Compliance Schedules Self -Monitoring Program 77V._7.N -0311 No Operations & Maintenance Sludge Disposal Other; $/ EPA Form .: Fx i -3 (Rev, 3_ Fi P,evious tmdlitlons are obsolete 48 Hour Daphnia kulex Screening Bioassay Aquatic Toxicology Group N.C. Division of Environmental Management The Aquatic Toxicology Group performs 48 hour static bioassays using the claidoceran Daphnia pulex to estimate the toxicity of waste discharge to aquatic life in receiving streams, All test and sampling glassware and equipment are washed with soap and hot water, then rinsed in nitric acid, acetone, and distilledideionized water, to remove all toxins and contaminents Effluent samples are collected by DEM Regional Office or Aquatic Toxicology personnel, All samples ere collected chilled end above chlorination unless otherwise specified, Each sample is collected es a grab or 24 hour composite using an automatic sampler and vs sent chilled to the Aquatic Toxicology Laboratory by Slate Courier or bus_ The sample must be received w th 72 hours after collection. The samples are prepared for testing by being thoroughly mixed, adjusted to standard test temperature, and aerated if dissolved oxygen is below 40% saturation, Chlorine is removed with sodium thiosutfate if applicable, The effluent is then diruted with D. pulex culture water. typically to seven concentrations (with replicates) from 0 It) 90% effluent and initiat pH and DO are recorded. Each test chamber receives 104 mis total volume and ten D. pulex, test organisms. 0-24 hours old, The test is conducted in a 20 degree cent incubator with a 14:10 hour tight:dark cycle. Mortality of the D., pulex i5 recorded after 48 hours, along with final pH, dissolved oxygen, and temperature, A 48 hour LC6©, or concentration of effluert lethal to 50% of the test organisms in 48 hours, is calculated from the mortality oala, An instream waste concentration (1WC) "for the effluent in the receiving stream is calculated using the treatment system. permitted flow and receiving stream 7010 flow, The LC60 ano IWC are then used to predict instream toxicity_ If the effluent toxicity and/or the IWC are high, a persistence bioassay may be conducted, This involves a second 48 hour static Q. pulex bioassay on the !Lime effluent sample after it has been exposed to light and aeration for an additional 48 hours. If there is a 100% reduction in the LC", the effluent considered to be non -persistent Guidance Document: 1985, U,S,E.P.A Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms, Third edition (EPA/600/4-85/-13)